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GAO-16-822R 1 (2016-07-25)

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


B-328267


July 25, 2016

The Honorable Lamar Alexander
Chairman
The Honorable Patty Murray
Ranking Member
Committee on Health, Education, Labor, and Pensions
United States Senate

The Honorable Fred Upton
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Department of Health and Human Services: Medication Assisted Treatment for Opioid
        Use Disorders

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 (HHS) entitled Medication
Assisted Treatment for Opioid Use Disorders (RIN: 0930-AA22). We received the rule on
July 7, 2016. It was published in the Federal Register as a final rule on July 8, 2016. 81 Fed.
Reg. 44,712.

The final rule increases access to medication-assisted treatment (MAT) with buprenorphine and
the combination buprenorphine/naloxone (hereinafter referred to as buprenorphine) in the office-
based setting as authorized under the United States Code. Section 303(g)(2) of the Controlled
Substances Act (CSA) allows individual practitioners to dispense or prescribe Schedule Ill, IV,
or V controlled substances that have been approved by the Food and Drug Administration
(FDA). Section 303(g)(2)(B)(iii) of CSA allows qualified practitioners who file an initial
notification of intent (NOI) to treat a maximum of 30 patients at a time. After 1 year, the
practitioner may file a second NOI indicating his/her intent to treat up to 100 patients at a time.
This final rule will expand access to MAT by allowing eligible practitioners to request approval to
treat up to 275 patients under section 303(g)(2) of CSA. The final rule also includes
requirements to ensure that patients receive the full array of services that comprise evidence-
based MAT and minimize the risk that the medications provided for treatment are misused or
diverted.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). This final rule has a stated effective date of
August 8, 2016. The rule was received by GAO on July 7, 2016, and was published in the


GAO-16-822R

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