Expanding Opportunities for Recovery Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3412 To authorize the Assistant Secretary for Mental Health and Substance Use, acting through the Director of the Center for Substance Abuse Treat- ment, to award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. IN THE HOUSE OF REPRESENTATIVES MAY 17, 2023 Mr. FOSTER introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the Assistant Secretary for Mental Health and Substance Use, acting through the Director of the Center for Substance Abuse Treatment, to award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. 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 ‘‘Expanding Opportuni- 4 ties for Recovery Act of 2023’’. 5 VerDate Sep 11 2014 00:10 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3412.IH H3412 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3412 IH SEC. 2. OPIOID ADDICTION TREATMENT. 1 (a) IN GENERAL.—The Assistant Secretary for Men- 2 tal Health and Substance Use, acting through the Direc- 3 tor of the Center for Substance Abuse Treatment (in this 4 section referred to as the ‘‘Assistant Secretary’’) shall 5 award grants to States to expand access to clinically ap- 6 propriate services for opioid abuse, dependence, or addic- 7 tion. 8 (b) REQUIREMENTS.—As conditions on the receipt of 9 a grant under this section, a State shall agree to comply 10 with the following: 11 (1) The grant will be administered through the 12 head of the State’s primary agency responsible for 13 programs and activities relating to the treatment of 14 substance abuse. 15 (2) The services through the grant will be evi- 16 dence-based such as medication-assisted treatment 17 for substance use disorder. 18 (3) The services through the grant will be pro- 19 vided according to a physician or a clinician’s rec- 20 ommendation to ensure that individuals receive the 21 optimal level of substance use disorder treatment for 22 the amount of time that is deemed medically nec- 23 essary. 24 (4) The services through the grant will be pro- 25 vided exclusively to individuals— 26 VerDate Sep 11 2014 00:10 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3412.IH H3412 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3412 IH (A) who lack health insurance; or 1 (B) whose health insurance— 2 (i) does not cover such services; or 3 (ii) places other barriers on the re- 4 ceipt of such services, such as— 5 (I) limiting coverage of such serv- 6 ices to a certain period of time; or 7 (II) imposing nonquantitative 8 treatment limitations that are more 9 stringent than treatment limitations 10 imposed on other medical conditions 11 (such as a requirement to use less ex- 12 pensive services, like outpatient treat- 13 ment, prior to more expensive, but 14 physician-recommended services, such 15 as inpatient or residential treatment). 16 (5) The grant will not be used to pay or sub- 17 sidize the cost of more than 60 consecutive days of 18 opioid abuse, dependence, or addiction treatment in 19 the case of any individual. 20 (c) PERMISSIBLE PROVISION OF MEDICATIONS.—In 21 expanding access to clinically appropriate services for 22 opioid abuse, dependence, or addiction through a grant 23 under this section, a State may provide for the use of 24 VerDate Sep 11 2014 00:10 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3412.IH H3412 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3412 IH medications, in conjunction with other treatment, so long 1 as the medications— 2 (1) are lawfully marketed under the Federal 3 Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 4 seq.); 5 (2) are clinically indicated to address the abuse, 6 dependence, or addiction; and 7 (3) are offered consistent with consumer choice. 8 (d) COORDINATION.—The Assistant Secretary shall 9 coordinate the program under this section with the pro- 10 gram for prevention and treatment of substance abuse 11 under subpart II of part B of title XIX of the Public 12 Health Service Act (42 U.S.C. 300x–21 et seq.). 13 (e) EVALUATION; DISSEMINATION OF INFORMATION; 14 TECHNICAL ASSISTANCE.— 15 (1) IN GENERAL.—The Assistant Secretary 16 shall— 17 (A) require States receiving a grant under 18 this section to report appropriate outcome 19 measures associated with use of the grant, in- 20 cluding any— 21 (i) decreases in substance use; 22 (ii) changes in retention in care; 23 (iii) connections to the next appro- 24 priate level of care; 25 VerDate Sep 11 2014 00:10 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3412.IH H3412 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3412 IH (iv) decreases in involvement with 1 criminal justice activities; and 2 (v) other outcome data as appropriate; 3 (B) require States receiving a grant under 4 this section to report data on individuals’ length 5 of time under clinically appropriate addiction 6 treatment, and the use of medication-assisted 7 treatment; 8 (C) evaluate the activities supported by 9 grants under this section; 10 (D) submit to the Congress and the Sec- 11 retary, and make publicly available on the inter- 12 net site of the Substance Abuse and Mental 13 Health Services Administration, information 14 about the results of such evaluation; and 15 (E) offer technical assistance to States re- 16 ceiving a grant under this section regarding ac- 17 tivities funded through the grant. 18 (2) USE OF CERTAIN FUNDS.—Of the funds ap- 19 propriated to carry out this section for any fiscal 20 year, 5 percent shall be available to carry out activi- 21 ties under this subsection. 22 Æ VerDate Sep 11 2014 00:10 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3412.IH H3412 kjohnson on DSK79L0C42PROD with BILLS