Substance Use-Disorder Prevention That Promotes Opioid Recovery And Treatment For Patients And Communities Act
Mr. President, today the U.S. Senate is going to vote on legislation that is representative of years of work that has been done to help address the opioid crisis. That vote will occur in about half an hour. This is historic legislation. It…
Mr. President, today the U.S. Senate is going to vote on legislation that is representative of years of work that has been done to help address the opioid crisis. That vote will occur in about half an hour.
This is historic legislation. It is legislation that was put together by the House and Senate, on a bipartisan basis, to answer some of the pleas and calls from our communities back home--pleas from people asking: Can't you do more to help us reverse the tide of this opioid epidemic?
I would like to start by thanking and commending Senator Lamar Alexander for putting together this legislation, taking the work from five different committees of Congress--the HELP Committee, Judiciary, Finance, Banking, the Commerce Committee--putting those different legislative projects together, along with projects that had come over from the House. Seventy Members of this body have contributed to this legislation.
This legislation is important because although Congress acted a couple years ago, unfortunately, the problem has gotten worse, not better, and we have learned more. The last major legislation we passed on opioid legislation was about 2 years ago. By the way, during those 2 years, I am told I have been
on this floor 56 times talking about this issue. I have been talking about how the legislation we passed is working or not working, talking about stories from back home, talking about the need to implement the legislation we passed in a more expeditious way because of this problem, talking about the urgency, and talking about having the necessary funding.
Here is the good news: We have increased funding dramatically. The two bills we passed in 2016 are beginning to work. One is called the Comprehensive Addiction and Recovery Act that I coauthored with Senator Whitehouse; the other is called the Cures legislation. Both of them helped. CARA has grants that go directly to nonprofits, to programs that work that are evidence-based, to help with prevention and education, treatment, and longer term recovery, and to help our first responders.
The second one, the Cures legislation, gives grants that are going directly to the States from the Federal Government and then back to the programs States think work best for them. These funds, which are unprecedented, along with these two laws, are helping. They are helping to make the Federal Government a better partner with State and local government and with nonprofits to combat this crisis.
I have been all over my State to see how these programs are working, and I have spoken on the floor a lot about the people I have met who have been helped. I have spoken about some of the cases of hope--cases where somebody who stepped forward to take advantage of one of these programs and found the treatment that worked for him or her.
I have also talked about the need for us to do more. That is why earlier this year--again on a bipartisan basis--we introduced CARA 2.0--the Comprehensive Addiction Recovery Act 2.0--to learn from what we are seeing back home, what is working or not working with the first legislation and to move it forward.
The legislation we are about to vote on this afternoon includes a number of provisions of CARA 2.0, and I appreciate that. Again, I thank my colleagues for including those and the leadership for bringing this to the floor.
It also, though, includes some other legislation I think is really important. Unfortunately, again, we have to do it. Seventy-two thousand--that is the number of Americans who died from opioid and other drug overdoses last year. In 1 year, more people have died from opioid and other drug overdoses than in the entire Vietnam war.
Opioids was the No. 1 cause of death. Within opioids, the No. 1 cause of death was fentanyl, the synthetic form of opioids. Even though we have made progress with the legislation I am talking about, we have this record level of overdose deaths in my home State and in our country. I believe one reason for that is that despite doing a better job on prevention and treatment and longer term recovery, we have had this influx of a new deadly drug. This is the fentanyl influx. It comes mostly from China. It comes mostly through our Postal Service. It is the No. 1 killer right now in my State and probably the No. 1 killer in the country in terms of drugs.
In Ohio, there has been a 4,000-percent increase in the last 5 years in fentanyl overdoses and deaths. It is inexpensive. It is cheap. It is deadly. It is 50 times more powerful than heroin; a few specs can kill you. Because it is synthetic, there seems to be a limitless supply. We need to push back.
One thing this legislation before us today does is it says we are going to stop having our Postal Service be the conduit for this poison coming into our communities. It is about time. The legislation is very simple. It says this loophole where you can send this deadly poison through the mail system is going to be closed because we are going to say that now the post office has to provide law enforcement the information, in advance, electronically, that all the other private carriers already have to provide.
We spent 2 years investigating this. One thing we found in our Permanent Subcommittee on Investigations was the dealers--the traffickers--were saying: If you send it through the Postal Service, delivery is guaranteed because they don't have the screening at the Postal Service.
The STOP Act is important. It will serve as a tourniquet, stemming the flow of this deadly poison that has led to record-level overdose deaths and endangers anyone--including first responders and mail carriers--who comes in contact with it. This is important because it pushes back on the supply, but that is not all we have to do.
We have to do a better job in terms of getting people into treatment to be able to overcome their addiction. This legislation we are about to vote on does that as well. It includes a bipartisan proposal I introduced with a group of colleagues to expand Americans' access to treatment by lifting what is called the IMD, or Institutions for Mental Disease, exclusion.
This is how it works. It is an outdated policy. It is a vestige of a policy from years ago to try to discourage institutional care, which was well-meaning at the time. But this is what it does today: It says that in a residential treatment setting--and some of them are doing a great job--you are limited to 16 beds if you want Medicaid reimbursement.
One of the most heartbreaking things I do as a Senator is talk to families, parents, and loved ones of people who overdosed and died after they wanted to get into treatment but were turned away and told there was no more room for them. I have talked to a father and a mother whose daughter went to treatment. Finally, she was ready. They turned her away because there wasn't room. In the 2 weeks while she was on the waiting list, what happened? She used heroin, she overdosed, and she died. She was ready, but they weren't ready for her. This legislation will help prevent that and will allow more people who are ready to overcome their addiction get into a treatment center and get a form of medication-assisted treatment that is right for them.
Significantly, the final version that we will vote on today, agreed to by the House and Senate, is an improvement from the House-passed legislation because it now is covering any kind of substance abuse, not just opioids, not just cocaine, not just crystal meth, not just alcohol but any kind of substance abuse. That is very important. All of them are problems in our communities. Crystal meth has increased in a lot of areas of Ohio, even as we have made progress against opioids, as an example.
This legislation will also ensure that once people get into treatment, it is up to the high standards and the standards of best care that we all want. It includes several provisions I have been working on to do just that. One is national quality standards and best practices for recovery housing, so people who are transitioning out of treatment and into longer term recovery have high-quality housing options that eliminate the gaps that so often occur in recovery.
It also helps young people struggling with addiction by authorizing support programs in high schools and colleges--we have some great examples of this in Ohio, spreading around the country--to focus on people who are already addicted but also to act as further encouragement for people who want to come and learn more about this for prevention and education.
It will help provide resources and care for some of the most vulnerable affected by this crisis. There is $60 million in this legislation for a plan of care for babies who are born dependent on drugs. These babies have what is called neonatal abstinence syndrome because their mom was addicted and was using while they were in the womb. They come out needing to go through withdrawal themselves. They need more help. We don't know what the impact is going to be longer term, but we know our hospitals across the country are being filled with innocent babies who need our help.
It has the CRIB Act included in this legislation, a bipartisan bill I coauthored that will help newborns suffering from addiction recover in the best setting possible for them and allows, again, reimbursement for great organizations, such as Brigid's Path back home in Dayton, OH, where people come and provide care to kids whose parents are addicted. They aren't in foster care yet, but they need this care and transition to be able to ensure their longer term success.
Finally, it reauthorizes some really important programs: drug courts,
which are working to get people who are incarcerated into treatment; drug-free community prevention grants, which are helping to push back in our high schools and middle schools and even elementary schools; high-intensity drug trafficking areas, HIDTA grants, which focus on the Federal Government working more with State and local government on drug interdiction.
This opioid epidemic has gripped my State of Ohio. We are among the States hardest hit. But every State in this Chamber has been hit, and it is personal. It is personal for all of us because we have all heard the stories.
On Monday, before I came here to vote in this Chamber, I went to the funeral of a young man whose family I have known my entire life. His mom, whom I have known since I was born, was heartbroken, talking about his opioid addiction and talking about everything they tried to do to get over this. We talked about it as a disease, which it is. This young man's life was cut way too short. I shared in their heartbreak, mourning his beautiful life cut short by addiction.
I am tired of reading about tragedies like this in the news, hearing about it from friends and families, and watching the devastation caused by opioids across my State. We need to do more to turn this tide, and I believe this legislation will help.
In the midst of this opioid epidemic, we have to do more to cut off the supply of these deadly drugs. That is done here. We need to do more to close the gaps that occur in treatment. That is part of this. We need to do more to catch those who fall through the cracks and help those gripped by addiction get into treatment, get over their addiction, and get on to lives of meaning and purpose--a life with purpose.
To those I represent who are struggling with addiction, to those who have friends or loved ones who have struggled or continue to struggle with addiction, and to the millions of people in communities across this country who have been crippled by this crisis, this legislation is a turning point and a glimmer of hope. It is a glimmer of hope at the end of a dark tunnel. It will not solve all of the problems. Ultimately, those are going to come from our communities, from our families, from within our own hearts. But this legislation will help by allowing law enforcement to stop the flow of these deadly drugs, allowing people ready to turn their lives around to get treatment and support, and allowing our communities to begin to heal.
I urge all of my colleagues to support this legislation this afternoon.
I yield back my time.
Mr. President, I agree with Senator Durbin. First, I would like to also voice my appreciation for the hard work that our colleagues in both the House and Senate put into the SUPPORT for Patients and Communities Act. Lifting the IMD exclusion for all individuals with substance use disorder was no easy feat and took decades to accomplish, and I believe that this is a testament to all that we can achieve when we work together to solve our Nation's problems in a bipartisan way.
With that said, I would like to echo Senator Durbin's concerns regarding the limitation of stays for just 30 days. Each individual seeking treatment for substance abuse is unique and so are their treatment needs. That is why my colleagues and I included a 90-day limit to stays in our Improving CARE Act; 90 days would both successfully accommodate a full range of patient needs, while also ensuring that there is a time limit on inpatient stays so that patients and providers can work together in a timely manner to successfully transition the patient into outpatient care.
Section 5052 recognizes this by taking language from our Improving CARE Act that requires participating, inpatient facilities to offer at least two forms of medication-assisted treatment because we recognized that everyone's treatment needs are different and there is not one single treatment or length of stay in an inpatient facility that is right for everyone. In many instances, 60 or even 90-day treatment programs may be necessary for an individual to succeed, and this is why we included a 90-day stay limit in the Improving CARE Act.
However, it should be noted that section 5052 does include additional language that I hope might rectify this issue. We included in our Improving CARE Act clarifying language that notes that nothing in the policy will supersede the existing ``Medicaid and CHIP Managed Care Final Rule'' that was finalized by the Centers for Medicare and Medicaid Services on April 25, 2016. That rule allows for Medicaid- managed care plans to offer inpatient, substance abuse treatment for up to 15 days at a time.
Thus, it is important for us to clarify that as the architects of these provisions that Medicaid managed care plans do in fact have the authority to blend the 30-day stay limit that is authorized under section 5052 of the SUPPORT for Patients and Communities Act and the 15-day stay limit from the Managed Care Final Rule. Under this construct, Medicaid managed care plans will have the flexibility to offer inpatient, substance abuse treatment for up to 45 days.
My home State of Ohio relies heavily on Medicaid managed care and currently enrolls nearly 90 percent of all Medicaid beneficiaries into Medicaid managed care plans. While I am disappointed that we could not find the means to offer our constituents up to 90 days of care, I am grateful that many in my State will be able to have a bit of additional flexibility to extend their stays and get the treatment that they need.
Mr. President, I agree with Senator Durbin. While the policy in H.R. 6 is limited and does explicitly limit inpatient, substance abuse treatment stays to just 30 days, there are in fact opportunities for individuals with either Medicaid managed care or for individuals living in states with 1115 waivers that expanded this type of coverage to receive longer stays if necessary.