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GAO-18-685R 1 (2018-09-26)

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GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington,  DC  20548



September   26, 2018


Congressional  Requesters

Opioid  Crisis: Status of Public Health Emergency Authorities

Opioid misuse  and related deaths are a serious, growing public health problem in the United
States. According to the Department  of Health and Human  Services' (HHS)  Centers for Disease
Control and Prevention  (CDC), over 42,000  people died from opioid-involved overdoses in
2016. The  federal government  has launched  a number  of initiatives to combat the opioid crisis,
and  HHS  issued a five-point Opioid Strategy in April 2017 to guide the department's efforts.'
We  and others have  reported on ongoing federal actions to address opioid issues.2

On  October 26, 2017, the Acting Secretary of HHS  declared the opioid crisis a public health
emergency   under section 319 of the Public Health Service Act and the declaration was renewed
in January, April, and July 2018. A public health emergency triggers the availability of certain
authorities under federal law that enable federal agencies to take actions such as accessing the
Public Health Emergency   Fund, temporarily reassigning certain state and local personnel, and
waiving certain administrative requirements. These authorities may allow the federal
government  to increase support to and reduce administrative burdens  on state and local
governments   and federal grantees affected by or responding to the public health emergency.
They  may  also supplement other federal efforts that are ongoing to address the emergency.
While the Secretary of HHS  may  declare a public health emergency, the use of some  authorities
requires coordination with other agencies, including the Department of Justice (Justice) and the
Department  of Labor (Labor). The October  2017 declaration was the first time that a public
health emergency  declaration was  made  for the opioid crisis. Public health emergencies have




'The Opioid Strategy's five priority areas are: 1) better access to prevention, treatment, and recovery services; 2)
better data on the epidemic; 3) better pain management; 4) better targeting of overdose-reversing drugs; and 5)
better research on pain and addiction.
2See, for example, GAO, Prescription Opioids: Medicare Needs Better Information to Reduce the Risk of Harm to
Beneficiaries, GAO-18-585T (Washington D.C.: May 29, 2018); Illicit Opioids: While Greater Attention Given to
Combating Synthetic Opioids, Agencies Need to Better Assess their Efforts, GAO-1 8-205 (Washington, D.C.: March
29, 2018); Opioid Use Disorders: HHS Needs Measures to Assess the Effectiveness of Efforts to Expand Access to
Medication-Assisted Treatment, GAO-1 8-44 (Washington, D.C.: Oct. 31, 2017); Newborn Health: Federal Action
Needed to Address Neonatal Abstinence Syndrome, GAO-1 8-32 (Washington D.C.: Oct. 4, 2017); and Prescription
Opioids: Medicare Needs to Expand Oversight Efforts to Reduce the Risk of Harm, GAO-1 8-15, (Washington D.C.:
Oct. 6, 2017).
3A declaration is in effect until the Secretary declares the emergency no longer exists, or 90 days after the
declaration, whichever occurs first. A declaration that expires may be renewed by the Secretary. The then-Acting
Secretary made the determination for the October 2017 public health emergency declaration for the opioid crisis and
the January 2018 renewal of this declaration. The current Secretary made the determination for the April and July
2018 renewals of the declaration.


GAO-1 8-685R  Public Health Emergency for Opioid Crisis


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