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Referenced Laws
42 U.S.C. 300gg–91
42 U.S.C. 1395 et seq.
42 U.S.C. 1396 et seq.
Section 1
1. Short title This Act may be cited as the Naloxone Affordability Act of 2023.
Section 2
2. Study on naloxone access The Comptroller General of the United States shall conduct a study on actions that may be taken to ensure appropriate access and affordability of naloxone for individuals seeking to purchase naloxone. Such study shall address what is known about— coverage of naloxone (in any available form), including whether naloxone can be covered as an over-the-counter drug under a group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91)) or for individuals entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or receiving medical assistance under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or a waiver of such plan; the out-of-pocket cost to consumers purchasing naloxone— with a prescription, with and without coverage under any such plan or coverage; over the counter, with and without coverage under any such plan or coverage; and pursuant to a standing order; and other factors impacting coverage, including barriers in covering naloxone as an over-the-counter drug, the relative net costs of naloxone when purchased over the counter without insurance coverage compared to when purchased with a prescription and covered under a group health plan or health insurance coverage, and the availability of naloxone purchased and distributed through public health entities. Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains the findings of the study conducted under subsection (a).