Congress recently approved unified legislation to address the national opioid epidemic and the President is expected soon to sign it into law.  Dubbed the SUPPORT for Patients and Communities Act, it contains elements of the original House and Senate opioid bills and some compromises reached through the conference process. An overview and section-by-section details are available here. 

Among provisions not included in the final bill was Jesse’s Law (S. 581), which would have made changes to 42 CFR Part 2 to allow addiction and substance abuse disorder history to be displayed in a patient’s EHR.

Below is a summary of some key provisions in the final legislative package. Health IT relevant sections are given priority.

Included in the SUPPORT for Patients and Communities Act

• S.2904, Medicaid Substance Use Disorder Treatment via Telehealth Act
  
  • CMS is required to develop rules and guidance about how states can obtain federal reimbursement under Medicaid for substance abuse telehealth services.[i]
• HR. 3528, Every Prescription Conveyed Securely Act
  
  • Physicians who are prescribing controlled substances under Medicare part D must electronically prescribe the medication.[ii]
• HR 5797, ‘Individuals in Medicaid Deserve Care that is Appropriate and Responsible in its Delivery Act’ (IMD CARE Act)
  
  • Originally, IMD excluded Medicaid from covering patients with substance use disorders who are receiving treatment in a mental health facility with more than 16 beds, because the lawmakers wanted states to primarily cover the price tag. Now, these patients will be given 30 days of residential treatment coverage if they are addicts with Substance Use Disorder[iii]
• S. 372 Synthetics Trafficking and Overdose Prevention (STOP) Act
  
  • Packages going through the postal service will have to provide electronic advance data on where it is going, where it came from, who is receiving it, and what is in it.
• S. 3527, Comprehensive Opioid Recovery Act
  
  • Creates a grant program for comprehensive recovery centers that include housing and job training, as well as mental and physical healthcare.
  • Increases access to medication-assisted treatment that helps people with substance abuse disorders slowly wean themselves off the addicting drug.

eHI has been very active in tracking the opioid debate and is exploring ways to be impactful in best practice and policy. As this package moves to implementation in 2019, we will keep you updated.