Preventing Overdoses and Saving Lives Act of 2021
Bill: H.R.5224 | Sponsor: Rep. Hill, J. French (R-AR)
Policy area: Health

Summary:
Preventing Overdoses and Saving Lives Act of 2021
This bill establishes a grant program for states, Indian tribes, and territories to respond to the opioid crisis. In awarding the grants, the Department of Health and Human Services (HHS) must give priority to recipients with the highest opioid dispensing rates.
Recipients must use at least 20% of grant funds to implement a program that requires a prescription for an opioid overdose reversal drug along with an opioid prescription if (1) a patient is prescribed benzodiazepines, medication-assisted treatment, or high-dose opioids; or (2) the prescriber has reason to know of the patient's history with substance use disorders. As part of this program, recipients must also require continuing education on opioid-prescribing practices for prescribers and on recognizing opioid overdose fatalities for coroners.
Recipients must use the remaining funds to develop a strategic plan for the jurisdiction's response to the opioid crisis.

To amend the Public Health Service Act to authorize grants to eligible 
entities to develop strategic response plans with respect to the opioid 
crisis, and to require health care practitioners prescribing an opioid 
  for certain patients to also prescribe an opioid overdose reversal 
                     drug, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Overdoses and Saving 
Lives Act of 2021''.

SEC. 2. STATE DEMONSTRATION GRANTS FOR COMPREHENSIVE OPIOID ABUSE DATA.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) 
is amended by inserting after section 317U of such Act (42 U.S.C. 247b-
23) the following:

``SEC. 317V. STATE DEMONSTRATION GRANTS FOR COMPREHENSIVE OPIOID ABUSE 
              DATA.

    ``(a) In General.--The Secretary, in conjunction with the Director 
of the Centers for Disease Control and Prevention, may award grants to 
eligible entities--
            ``(1) to conduct research and develop a strategic response 
        plan with respect to the opioid crisis; and
            ``(2) to establish and implement a co-prescribing program.
    ``(b) Amount of Grants.--
            ``(1) In general.--The Secretary shall determine the amount 
        of each grant awarded under this section on an annual basis. In 
        allocating such amounts across grantees for a fiscal year, the 
        Secretary shall award--
                    ``(A) a minimum amount to each grantee in 
                accordance with paragraph (2); and
                    ``(B) an additional amount to each grantee in 
                accordance with paragraph (3).
            ``(2) Minimum amount.--The Secretary shall--
                    ``(A) determine the basis for determining the 
                minimum amount of a grant under paragraph (1)(A); and
                    ``(B) apply such basis consistently across all 
                grantees under this section.
            ``(3) Additional amount.--In allocating additional amounts 
        across all grantees under this section for a fiscal year, the 
        Secretary shall give priority in setting such amounts to 
        grantees with the highest opioid dispensing rates as determined 
        by the Centers for Disease Control and Prevention.
    ``(c) Priority in Selection.--In selecting grantees under this 
section, the Secretary shall give priority to eligible entities with 
the highest opioid dispensing rates as determined by the Centers for 
Disease Control and Prevention.
    ``(d) Allocation of Funds by a Grantee.--A grantee under this 
section shall allocate the funds received through the grant as follows:
            ``(1) Not more than 80 percent of the funds received 
        through the grant shall be used to conduct research and develop 
        a strategic plan in accordance with subsection (e).
            ``(2) At least 20 percent of the grant shall be used by the 
        grantee to administer a co-prescribing program in accordance 
        with subsection (f).
    ``(e) Research; Strategic Plan.--
            ``(1) In general.--Subject to subsection (d), a grantee 
        under this section shall use the grant funds--
                    ``(A) to conduct research on the impacts of the 
                opioid crisis within the jurisdiction of the grantee; 
                and
                    ``(B) to develop a strategic plan to respond to the 
                opioid crisis within such jurisdiction.
            ``(2) Strategic plan contents.--A strategic plan required 
        by paragraph (1)(B) shall include plans for--
                    ``(A) increasing public awareness about the opioid 
                crisis within the jurisdiction of the grantee;
                    ``(B) full-spectrum prevention within such 
                jurisdiction;
                    ``(C) intervention within such jurisdiction;
                    ``(D) treatment and recovery within such 
                jurisdiction; and
                    ``(E) coordinating with law enforcement within such 
                jurisdiction.
    ``(f) Co-Prescribing Program.--
            ``(1) In general.--Subject to subsection (d), a grantee 
        under this section shall use funds received through the grant 
        to carry out a co-prescribing program under which the grantee 
        requires--
                    ``(A) health care practitioners in the jurisdiction 
                of the grantee who prescribe an opioid for any patient 
                to also prescribe an opioid overdose reversal drug for 
                such patient if--
                            ``(i) the opioid dosage prescribed is equal 
                        to or in excess of 50 morphine milligram 
                        equivalents per day;
                            ``(ii) the practitioner prescribes a 
                        benzodiazepine for the patient or knows or 
                        reasonably should know a benzodiazepine has 
                        been prescribed for the patient in the past;
                            ``(iii) the practitioner prescribes 
                        medication-assisted treatment for the patient 
                        or knows or reasonably should know medication 
                        assisted treatment has been prescribed for the 
                        patient in the past; or
                            ``(iv) the practitioner knows or reasonably 
                        should know the patient has a history of 
                        substance use disorder;
                    ``(B) such health care practitioners to complete 
                continuing education on opioid prescribing; and
                    ``(C) coroners in the jurisdiction of the grantee 
                to complete continuing education on recognizing 
                fatalities attributable to an opioid overdose.
            ``(2) Waiver.--If the laws, regulations, or orders of an 
        applicant for a grant under this section conflict in any 
        respect with the requirements of subparagraph (A), (B), or (C) 
        of paragraph (1), the Secretary shall waive such requirements 
        to the extent necessary to allow the grantee to carry out a co-
        prescribing program under this section.
    ``(g) Supplement, Not Supplant.--Grant funds under this section 
shall be used to supplement, not supplant, funding from other sources 
for the activities funded through the grant.
    ``(h) Application.--To seek a grant under this section, an eligible 
entity shall submit an application at such time, in such manner, and 
containing such information and assurances as the Secretary may 
require.
    ``(i) Reporting.--Not later than the end of each of fiscal years 
2024 and 2026, a grantee under this section shall submit to the 
Secretary, the Director of the Centers for Disease Control and 
Prevention, and the appropriate congressional committees, and make 
publicly available, a report on the activities funded through the grant 
for each fiscal year covered by the report, including--
            ``(1) the allocation of funds for activities under 
        subsection (e) versus activities under subsection (f);
            ``(2) a description of the research conducted by the 
        grantee under subsection (e)(1)(A), including the results of 
        such research;
            ``(3) an up-to-date version of the strategic plan developed 
        under subsection (e)(1)(B); and
            ``(4) a description of the co-prescribing program under 
        subsection (f), including an analysis of the effectiveness of 
        the program.
    ``(j) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        Energy and Commerce of the House of Representatives and the 
        Committee on Housing, Education, Labor, and Pensions of the 
        Senate.
            ``(2) Eligible entity.--The term `eligible entity' means 
        any State, any Indian Tribe, the District of Columbia, or any 
        territory of the United States.
            ``(3) Indian tribe.--The term `Indian Tribe' has the 
        meaning given to such term in section 4 of the Indian Self-
        Determination and Education Assistance Act.
            ``(4) Opioid overdose reversal drug.--The term `opioid 
        overdose reversal drug' means--
                    ``(A) naloxone; or
                    ``(B) any other emergency opioid antagonist 
                approved by the Food and Drug Administration to treat 
                an opioid overdose.
    ``(k) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for each of fiscal years 2022 through 2026.''.
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