Short title

This Act may be cited as the

Preventing Overdoses and Saving Lives Act 2.0

Reauthorization of grants for reducing overdose deaths

(a)

Grants

(1)

Repeal of maximum grant amount

Paragraph (2) of section 544(a) of the Public Health Service Act (42 U.S.C. 290dd–3(a)) is hereby repealed.(2)

Eligible entity; subgrants

Section 544(a) of the Public Health Service Act (42 U.S.C. 290dd–3(a)) is amended by striking paragraph (3) and inserting the following:

(2)

Eligible entity

For purposes of this section, the term eligible entity means a State, Territory, locality, Indian Tribe, Tribal organization, or Urban Indian organization.(3)

Subgrants

For the purposes for which a grant is awarded under this section, the eligible entity receiving the grant may award subgrants to a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act), an opioid treatment program (as defined in section 8.2 of title 42, Code of Federal Regulations (or any successor regulations)), any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act, or any nonprofit organization that the Secretary deems appropriate.

(3)

Prescribing

Section 544(a)(4) of the Public Health Service Act (42 U.S.C. 290dd–3(a)(4)) is amended—(A)in subparagraph (A), by inserting , including patients prescribed with both an opioid and a benzodiazepine before the semicolon at the end; and(B)in subparagraph (D), by striking drug overdose and inserting substance overdose.(4)

Use of funds

Paragraph (5) of section 544(c) of the Public Health Service Act (42 U.S.C. 290dd–3(c)) is amended to read as follows:

(5)To establish protocols to connect patients who have experienced an overdose with appropriate treatment, including overdose reversal medications, medication assisted treatment, and appropriate counseling and behavioral therapies.

(5)

Waiver

Section 544 of the Public Health Service Act (42 U.S.C. 290dd–3) is amended—(A)by redesignating subsections (d) through (f) as subsections (e) through (g), respectively;(B)in subsection (f), as so redesignated, by striking subsection (d) and inserting subsection (e); and(C)by inserting after subsection (c) the following:

(d)

Waiver

If the laws, regulations, or orders of a grantee under this section conflict in any respect with the requirements of the grant, the Secretary shall waive such requirements to the extent necessary to allow the grantee to carry out the activities described in subsection (c).

(6)

Authorization of appropriations

Section 544(g) of the Public Health Service Act (42 U.S.C. 290dd–3), as redesignated, is amended by striking fiscal years 2017 through 2021 and inserting fiscal years 2023 through 2027.(7)

Technical amendment

Section 544 of the Public Health Service Act (42 U.S.C. 290dd–3), as amended, is further amended by striking approved or cleared each place it appears and inserting approved, cleared, or otherwise authorized.(b)

Improving access to overdose treatment

Paragraph (1) of section 107(b) of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198) is amended—(1)in the matter preceding subparagraph (A), by striking Not later than 180 days after the date of enactment of this Act;;(2)by amending subparagraph (A) to read as follows:

(A)The Secretary of Health and Human Services may provide information to States, Territories, localities, Indian Tribes, Tribal organizations, and Urban Indian organizations on best practices for prescribing or co-prescribing a drug or device approved, cleared, or otherwise authorized under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) for emergency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders.

; and

(3)in subparagraphs (B) and (C), by striking approved or cleared and inserting approved, cleared, or otherwise authorized.

Reauthorization of opioid overdose reversal medication access, education, and co-prescribing grant programs

(a)

Grants

Section 545 of the Public Health Service Act (42 U.S.C. 290ee) is amended—(1)in the section heading, by striking

access, and education grant programs

and inserting

access, education, and co-prescribing grant programs

;(2)in the heading of subsection (a), by striking

Grants to States

and inserting

Grants

;(3)in subsection (a), by striking shall make grants to States and inserting shall make grants to States, Territories, localities, Indian Tribes, Tribal organizations, and Urban Indian organizations;(4)in subsection (a)(1), by striking implement strategies for pharmacists to dispense a drug or device and inserting implement strategies that increase access to drugs or devices;(5)by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and(6)by inserting after paragraph (2) the following:

(3)encourage health care providers to co-prescribe, as appropriate, drugs or devices approved, cleared, or otherwise authorized under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose;

(b)

Grant period

Section 545(d)(2) of the Public Health Service Act (42 U.S.C. 290ee(d)(2)) is amended by striking 3 years and inserting 5 years.(c)

Limitation

Paragraph (3) of section 545(d) of the Public Health Service Act (42 U.S.C. 290ee(d)) is amended to read as follows:

(3)

Limitations

A State—(A)may use not more than 10 percent of a grant under this section for educating the public pursuant to subsection (a)(5); and(B)shall use at least 20 percent of a grant under this section to offset cost-sharing for distribution and dispensing of drugs or devices approved, cleared, or otherwise authorized under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose.

(d)

Waiver

Section 545 of the Public Health Service Act (42 U.S.C. 290ee) is amended—(1)by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and(2)by inserting after subsection (e) the following:

(f)

Waiver

If the laws, regulations, or orders of an applicant for a grantee under this section conflict in any respect with the requirements of the grant, the Secretary shall waive such requirements to the extent necessary to allow the grantee to carry out the activities described in subsection (a).

(e)

Authorization of appropriations

Section 545(i)(1) of the Public Health Service Act, as redesignated, is amended by striking fiscal years 2017 through 2019 and inserting fiscal years 2023 through 2027. (f)

Technical amendment

Section 545 of the Public Health Service Act (42 U.S.C. 290ee), as amended, is further amended by striking approved or cleared each place it appears and inserting approved, cleared, or otherwise authorized.