Opioid Patients’ Right to Know Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1185 To amend the Public Health Service Act to authorize grants to certain States to inform patients about the risks of opioids and their analogues, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 18, 2021 Mr. TRONE (for himself, Mr. RESCHENTHALER, Ms. LEGER FERNANDEZ, and Mr. MCKINLEY) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to authorize grants to certain States to inform patients about the risks of opioids and their analogues, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Opioid Patients’ Right 4 to Know Act of 2021’’. 5 VerDate Sep 11 2014 19:43 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1185.IH H1185 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1185 IH SEC. 2. GRANT PROGRAM TO INFORM PATIENTS ABOUT 1 THE RISKS OF OPIOIDS AND THEIR ANA- 2 LOGUES. 3 Part J of title III of the Public Health Service Act 4 (42 U.S.C. 280b et seq.) is amended by inserting after 5 section 392A (42 U.S.C. 280b–1) the following: 6 ‘‘SEC. 392B. GRANT PROGRAM TO INFORM PATIENTS ABOUT 7 THE RISKS OF OPIOIDS AND THEIR ANA- 8 LOGUES. 9 ‘‘(a) IN GENERAL.—The Secretary, acting through 10 the Director of the Centers for Disease Control and Pre- 11 vention, shall award one grant (over the life of the pro- 12 gram under this section) to each eligible State to inform 13 covered health care providers about— 14 ‘‘(1) the requirement of the State described in 15 subsection (b); and 16 ‘‘(2) recommendations for safe opioid pre- 17 scribing. 18 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 19 under subsection (a), a State must have in effect a law 20 or regulation requiring covered health care providers, be- 21 fore issuing a new prescription for a covered drug or ana- 22 logue, to inform the patient involved, and the patient’s 23 guardian if the patient has a guardian, about— 24 ‘‘(1) the risks of such covered drug or analogue; 25 VerDate Sep 11 2014 19:43 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1185.IH H1185 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1185 IH ‘‘(2) the addictive qualities of such covered drug 1 or analogue; and 2 ‘‘(3) non-opioid treatments to such covered 3 drug or analogue, as appropriate. 4 ‘‘(c) GRANT AMOUNT.—The amount of a grant to a 5 State under this section— 6 ‘‘(1) shall be greater than the amount of each 7 grant to a State with a smaller number of covered 8 health providers, as estimated by the Secretary; 9 ‘‘(2) shall not exceed $1,000,000; and 10 ‘‘(3) subject to the availability of funds, shall 11 not be less than $750,000. 12 ‘‘(d) DEFINITIONS.—For purposes of this section: 13 ‘‘(1) COVERED DRUG OR ANALOGUE.—The 14 term ‘covered drug or analogue’ means a drug that 15 is or contains an opioid (as defined in section 102 16 of the Controlled Substances Act) or an analogue of 17 an opioid. 18 ‘‘(2) COVERED HEALTH CARE PROVIDER.—The 19 term ‘covered health care provider’ means a health 20 care provider who issues prescriptions for a covered 21 drug or analogue for the relief of acute pain. 22 VerDate Sep 11 2014 19:43 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1185.IH H1185 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1185 IH ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 1 is authorized to be appropriated to carry out this section 2 $10,000,000 for each of fiscal years 2022 through 2031.’’. 3 Æ VerDate Sep 11 2014 19:43 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1185.IH H1185 pamtmann on DSKBC07HB2PROD with BILLS