Overview

Title

To amend title XVIII of the Social Security Act to ensure appropriate access to non-opioid pain management drugs under part D of the Medicare program.

ELI5 AI

H.R. 7142 is a plan to make it easier for older people on Medicare to get medicine for pain that isn't from opioids, by making these medicines cheaper and removing some rules, starting in 2025.

Summary AI

H.R. 7142 aims to improve access to non-opioid pain management drugs for Medicare part D enrollees by removing cost-sharing barriers. It ensures these drugs are placed on the lowest cost-sharing tier and exempt from deductibles, starting January 1, 2025. The bill prohibits the use of step therapy and prior authorization requirements for these non-opioid drugs and emphasizes that healthcare providers maintain the authority to prescribe medications as appropriate for their patients.

Published

2024-01-30
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-01-30
Package ID: BILLS-118hr7142ih

Bill Statistics

Size

Sections:
4
Words:
1,809
Pages:
9
Sentences:
26

Language

Nouns: 469
Verbs: 127
Adjectives: 109
Adverbs: 12
Numbers: 111
Entities: 86

Complexity

Average Token Length:
3.73
Average Sentence Length:
69.58
Token Entropy:
5.01
Readability (ARI):
33.92

AnalysisAI

General Summary of the Bill

The bill, titled the "Alternatives to Prevent Addiction In the Nation Act" or the "Alternatives to PAIN Act," aims to amend the Social Security Act to ensure that Medicare Part D provides appropriate access to non-opioid pain management drugs. The legislation seeks to address the ongoing opioid crisis by promoting the use of non-addictive alternatives for pain management among Medicare beneficiaries. The amendment will place qualifying non-opioid drugs on the lowest cost-sharing tier and exempt them from deductibles starting in 2025. Additionally, the bill prohibits the use of step therapy and prior authorization for these drugs to facilitate easier access.

Summary of Significant Issues

A major issue with the bill is the broad definition of "qualifying non-opioid pain management drugs." The criteria could potentially encompass a wide range of drugs without clear exclusion guidelines, which may inadvertently increase costs for Medicare Part D due to a large number of drugs qualifying for reduced or no cost-sharing. Furthermore, the bill's prohibition on step therapy and prior authorization might lead to overprescription and increased costs with little oversight to manage these impacts.

Another concern is the ambiguity regarding the determination of the "lowest cost-sharing tier," which might result in inconsistent application across different Medicare plans, affecting patient access. The statistics presented in the findings about opioid misuse lack transparency in terms of data sources, raising questions about the accuracy of the supporting information.

Additionally, the bill features vague terms, such as "legitimately marketed drug" and "legitimate health care practitioner-patient relationship." These could lead to varied interpretations, complicating legal enforcement and potentially affecting the intended scope of the bill.

Impact on the Public

The bill has the potential to broaden access to non-opioid pain management options for Medicare recipients, which could lead to a reduction in opioid dependency and misuse. However, the increase in qualified drugs without clear criteria might raise costs for Medicare, affecting the financial sustainability of the program.

For patients, especially Medicare beneficiaries, the elimination of prior authorization and step therapy could mean more immediate access to pain management drugs that are safer alternatives to opioids. This could improve patient adherence to treatment plans and outcomes for those struggling with pain management. However, it also raises concerns about the potential lack of necessary oversight to prevent overprescription.

Impact on Stakeholders

For healthcare providers, the bill offers expanded flexibility in prescribing pain management therapies without the burden of additional administrative steps such as prior authorizations or step therapy protocols. This could streamline patient care but might also increase the oversight responsibilities of providers to ensure appropriate prescribing practices are maintained.

Pharmaceutical companies that develop non-opioid pain management drugs might benefit from increased market access and demand due to cost-sharing provisions. On the other hand, companies that primarily produce opioid medications might experience decreased demand as a result of this policy shift.

Policymakers and regulators face the challenge of balancing the goals of increased access to non-opioid alternatives with the potential financial and regulatory impacts on Medicare. Promoting non-opioid therapies might require additional efforts to manage these drugs effectively to ensure they contribute to the reduction of opioid misuse while maintaining program sustainability.

Overall, while the bill represents a positive step towards addressing the opioid crisis, it presents several issues that need to be carefully addressed to prevent unintended consequences, particularly around cost management and regulatory clarity.

Issues

  • The definition of 'qualifying non-opioid pain management drugs' in Section 2 is broad, potentially leading to a large number of drugs being included without clear criteria for exclusion. This lack of clarity could significantly increase Medicare Part D costs as many drugs could qualify for reduced or no cost-sharing.

  • Section 3's prohibition on step therapy and prior authorization for qualifying non-opioid pain management drugs may result in increased costs for Medicare due to the potential for overprescription of these drugs without established cost controls or checks.

  • There is ambiguity regarding how the 'lowest cost-sharing tier' is determined for drugs in Section 2, which could lead to inconsistent application across different Medicare Part D plans, affecting beneficiaries differently depending on their plan.

  • Section 1 presents statistical findings about opioid misuse but lacks transparency regarding data sources and the reliability of statistics, raising concerns about the accuracy of the information underpinning the bill's initiatives.

  • Section 4 contains ambiguous terms like 'legitimately marketed drug' and 'legitimate health care practitioner-patient relationship' without clear definitions, which could lead to varied interpretations and complicate legal enforcement.

  • While Section 1 outlines the opioid crisis and the necessity for alternative treatments, it lacks details on specific measures to address these issues, creating uncertainty about the bill's practical implementation and efficacy in reducing opioid dependency.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; findings Read Opens in new tab

Summary AI

Congress proposes the "Alternatives to PAIN Act" to address opioid addiction, highlighting the widespread misuse of prescription opioids, the increase in opioid overdose deaths, and the importance of appropriate medical use and disposal of opioids. They stress the necessity for doctors to have the freedom to prescribe opioids when needed for conditions like chronic pain.

2. Appropriate cost-sharing for qualifying non-opioid pain management drugs under medicare part D Read Opens in new tab

Summary AI

The section modifies the Social Security Act to ensure that starting in 2025, Medicare Part D plans must place qualifying non-opioid pain management drugs on the lowest cost-sharing tier and exempt them from deductibles. These drugs must not affect opioid receptors, cannot be highly controlled substances, lack therapeutic equivalents, and must have an affordable wholesale cost.

3. Prohibition on the use of step therapy and prior authorization for qualifying non-opioid pain management drugs under medicare part d Read Opens in new tab

Summary AI

The text describes a change to the Social Security Act, adding a rule that prevents Medicare Part D plans from requiring patients to try opioid drugs or get prior approval before receiving certain non-opioid pain management medications. This aims to ensure easier access to alternative pain management options without going through additional steps or waiting for authorization.

4. Rule of construction Read Opens in new tab

Summary AI

The section clarifies that the changes made by this law do not restrict or interfere with a health care provider's authority to prescribe or give any legally approved drug to a patient as part of a valid relationship between the health care practitioner and the patient.