Innovations-Magazine-September-2023 - 5

POLICY PERSPECTIVES
Governor Jim Justice signed legislation to
make xylazine a CS.
The House SUPPORT 2.0 package also
includes HR 4053, the Studying Suboxone
Act, which would require the HHS
secretary to review and update the scientific
and medical evaluation for buprenorphinenaloxone
combination products and
provide a scheduling recommendation to
the Department of Justice. Also included
was the Halting the Epidemic of Addiction
and Loss Act of 2023 (HEAL Act),
legislation that would expand access to
new opioid overdose reversal agents. For
50 years, naloxone was the only FDAapproved
medication available to reverse
overdose effects, but it was designed
primarily for heroin-induced overdoses.
Modern synthetic opioids present different
challenges, and the HEAL Act seeks
to ensure that federal grant programs
provide support not only for naloxone
treatment but also any FDA-approved
or authorized overdose reversal agent.
Senate Action: Ranking Member
of HELP Committee Introduces
Legislation
Despite the expiration of SUPPORT Act
authorizations this September, we do not
expect to see Senate action on the bill until
this month. Just before the August recess, the
ranking member of the Senate Committee
on Health, Education, Labor and Pensions
(HELP), Bill Cassidy (R-LA), introduced
S 2433, the SUPPORT for Patients and
Communities Reauthorization Act of 2023.
However, the bill has not yet received
attention from the committee and does
not yet have buy-in from the committee
chair, Senator Bernie Sanders (I-VT), or the
Democrats.
Senator Cassidy's bill includes several
sections similar to those in the House
version with a few additional provisions.
Most notably, the bill incorporates language
that NABP supports, which would ensure
that states are not compelled by the federal
While the timeline
before programs expire
is technically tight and
more action is needed for
Congress to pass SUPPORT
2.0 into law, it currently
appears likely that action
will be taken to update
policies and provide
additional funding for
programs before the
end of this year.
government to utilize a specific PDMP
platform or hub for interstate sharing of
PDMP data. Additionally, the Cassidy
bill would require HHS and DEA to
promulgate rules for a special registration
process for telemedicine providers seeking
to prescribe CS and would require a report
to Congress about the impact of the
elimination of the buprenorphine X-waiver
on access to medication for opioid use
disorder.
Will SUPPORT 2.0 Pass Into Law?
Despite public health efforts, the data
on opioid-involved overdose deaths
continue to paint a concerning picture
of the opioid epidemic. For the past five
years, opioid-related deaths have steadily
increased, taking a significant turn for the
worse in 2020. Drug overdose deaths have
increased five-fold since 1999. Of the drug
overdose deaths reported in 2020, opioids
were involved in nearly 75% of cases,
highlighting their continued dominant
role in this crisis. The most significant
increase was observed in synthetic opioidinvolved
death rates, which rose by 56%
from 2019-2020. These statistics indicate
that the problem persists, and continuous
and comprehensive measures are required
to combat the crisis.
Fortunately, many policy solutions aimed
at curbing the opioid epidemic enjoy broad
bipartisan support. While the timeline before
programs expire is technically tight and
more action is needed for Congress to pass
SUPPORT 2.0 into law, it currently appears
likely that action will be taken to update
policies and provide additional funding for
programs before the end of this year. The
crucial next steps involve reconciling the
two chambers' bills and ensuring that any
amendments that might cause hesitation
from either side are excluded or modified to
facilitate passage. Given the urgency of the
situation and Congress' resulting attention, it
is expected that a version of SUPPORT 2.0
will pass into law. The hope is that this funding
and policy updates will enable state and local
governments, treatment providers, harm
reduction programs, and other stakeholders to
do their work to turn the tide on this epidemic.
Yet, it is clear that the problem will not be
solved with one bill, and Congress will need
to continue to turn its attention to these issues
after this year.
This article was written by Megan S. Herber,
MPH, and Nisha K. Quasba, MPH, both
with Faegre Drinker Biddle & Reath LLP.
Please note, the opinions and views expressed
by Faegre Drinker Biddle & Reath do not
necessarily reflect the official views, opinions,
or policies of NABP or any member board,
unless expressly stated.
SEPTEMBER 2023 | 3
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