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B-335969 Feb 20, 2024 1 (2024-02-20)

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

B-335969

February 20, 2024

The Honorable Bernard Sanders
Chairman
The Honorable Bill Cassidy
Ranking Member
Committee  on Health, Education, Labor, and Pensions
United States Senate

The Honorable Cathy McMorris Rodgers
Chair
The Honorable Frank Pallone, Jr.
Ranking Member
Committee  on Energy and Commerce
House  of Representatives

Subject: Department of Health and Human Services, Office of the Secretary: Medications for the
         Treatment of Opioid Use Disorder

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Health and Human Services, Office of the Secretary (HHS)
entitled Medications for the Treatment of Opioid Use Disorder (RIN: 0930-AA39). We received the
rule on January 31, 2024. It was published in the Federal Register as a final rule on February 2,
2024. 89 Fed. Reg. 7528. The effective date of this final rule is April 2, 2024, and the compliance
date is October 2, 2024.

HHS  states that the final rule modifies and updates certain provisions of 42 C.F.R. part 8 related to
Opioid Treatment Program (OTP) accreditation, certification, and standards for the treatment of
Opioid Use Disorder (OUD) with Medications for Opioid Use Disorder (MOUD) in OTPs. HHS also
states that the final rule makes flexibilities put forth during the COVID-19 Public Health Emergency
(PHE) permanent, as well as expands access to care and evidence-based treatment for OUD.
Finally, HHS states that the final rule removes all language and rules pertaining to the Drug
Addiction and Treatment Act (DATA) Waiver from 42 C.F.R. part 8 pursuant to the Consolidated
Appropriations Act, 2023, Pub. L. No. 117-328 136 Stat. 4459 (Dec. 29, 2022).

Enclosed is our assessment of HHS's compliance with the procedural steps required by
section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about
this report or wish to contact GAO officials responsible for the evaluation work relating to the subject
matter of the rule, please contact Shari Brewster, Assistant General Counsel, at (202) 512-6398.






Shirley A. Jones
Managing Associate General Counsel

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