HR5120-119

1. Short title This Act may be cited as the Hospitals As Naloxone Distribution Sites Act or the HANDS Act.

2. No-cost coverage of preventive opioid overdose reversal drugs Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended— in subparagraph (JJ), by adding and after the semicolon at the end; and by adding at the end the following new subparagraph: a preventive opioid overdose reversal drug (as defined in subsection (nnn)) furnished on or after January 1, 2026; Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: The term preventive opioid overdose reversal drug means an opioid overdose reversal drug, which may be either intranasal or intramuscular, that is furnished by a physician, nurse practitioner, physician assistant, or other attending clinical personnel (as determined by the Secretary by regulation) to an individual who is an inpatient of a hospital, critical access hospital, or rural emergency hospital, or is a patient of the emergency department of such a hospital or an ambulatory surgical center, but only if— such physician, nurse practitioner, physician assistant, or attending clinical professional determines that such individual is at risk for an opioid overdose; and such drug is furnished at the time such individual is discharged from the hospital or leaves the emergency department or ambulatory surgical center, as the case may be, together with instructions for the administration of such drug. Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended— in subsection (a)(1)— in subparagraph (S)(i), by striking subparagraph (EE), and inserting subparagraphs (EE) and (II),; in subparagraph (GG), by striking and at the end; and by inserting , and (II) with respect to a preventive opioid overdose reversal drug (as defined in section 1861(nnn)) furnished on or after January 1, 2026, the amounts paid shall be 100 percent of the lesser of the actual charges for such drug or the amount determined under section 1842(o) before the semicolon at the end; and in subsection (b)— by striking , and (13) and inserting (13); and by striking section 1861(n).. and inserting section 1861(n), and (14) such deductible shall not apply with respect to a preventive opioid reversal drug (as defined in section 1861(nnn)) furnished on or after January 1, 2026.. Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is amended— in clause (iv)— by redesignating subclause (VIII) as subclause (IX); and by inserting after subclause (VII) the following new subclause: A preventive opioid reversal drug (as defined in section 1861(nnn)). in clause (v), by striking and (VI) and inserting (VI), and (VIII). Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended by striking and (30) and inserting (30), and (32). Section 1937(b) of the Social Security Act (42 U.S.C. 1396u–7(b)) is amended by adding at the end the following new paragraph: Notwithstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage under this section unless, beginning on January 1, 2026, such coverage includes (and does not impose any deduction, cost sharing, or similar charge for) preventive opioid overdose reversal drugs described in section 1861(nnn). Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended— in paragraph (31), by striking and at the end; by redesignating paragraph (32) as paragraph (33); and by inserting after paragraph (31) the following new paragraph: beginning January 1, 2026, preventive opioid overdose reversal drugs described in section 1861(nnn); and Section 1927 of the Social Security Act (42 U.S.C. 1396r–8) is amended— in subsection (d)(7), by adding at the end the following new subparagraph: Preventive opioid overdose reversal drugs described in section 1861(nnn) that are furnished as medical assistance in accordance with section 1905(a)(32) and section 1902(a)(10)(A). in subsection (k)(4)— by striking If a State plan and inserting: If a State plan by adding at the end the following new subparagraph: Beginning January 1, 2026, in applying paragraph (2)(A) to a preventive opioid overdose reversal drug described in section 1861(nnn), such drug shall be deemed a prescribed drug for purposes of section 1905(a)(12). Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended— in subsection (a)(2)— in subparagraph (I), by striking or at the end; in subparagraph (J), by striking ; and at the end and inserting , or; and by adding at the end the following new subparagraph: beginning January 1, 2026, preventive opioid overdose reversal drugs described in section 1861(nnn); and in subsection (b)(2)— in subparagraph (I), by striking or at the end; in subparagraph (J), by striking ; and at the end and inserting , or; and by adding at the end the following new subparagraph: beginning January 1, 2026, preventive opioid overdose reversal drugs described in section 1861(nnn); and Section 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o–1(b)(3)(B)) is amended by adding at the end the following new clause: Beginning January 1, 2026, preventive opioid overdose reversal drugs described in section 1861(nnn). Section 1074g of title 10, United States Code, is amended as follows: In subsection (a)(6), by adding at the end the following new subparagraph: Notwithstanding subparagraphs (A), (B), and (C), beginning on January 1, 2026, an eligible covered beneficiary shall not be required to pay a cost-sharing amount for a preventive opioid overdose reversal drug. In subsection (i), by adding at the end the following new paragraph: The term preventive opioid overdose reversal drug has the meaning given such term in section 1861 of the Social Security Act (42 U.S.C. 1395x). Not later than 1 year after the date of the enactment of this Act, the Commissioner of Food and Drugs shall issue guidance for State boards of pharmacy, nursing, and medicine with respect to— enhancing safe and effective hospital-based dispensing and distribution of opioid overdose reversal drugs; and eliminating barriers to such dispensing and distribution. Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance for hospitals with respect to billing for preventive opioid overdose reversal drugs described in section 1861(nnn) of the Social Security Act, as added by subsection (a)(2). Nothing in this section shall be construed to require a provider of services or supplier to furnish a preventive opioid overdose reversal drug described in section 1861(nnn) of the Social Security Act, as added by subsection (a)(2), to an individual at risk of an opioid overdose. (KK)a preventive opioid overdose reversal drug (as defined in subsection (nnn)) furnished on or after January 1, 2026;. (nnn)Preventive opioid overdose reversal drugThe term preventive opioid overdose reversal drug means an opioid overdose reversal drug, which may be either intranasal or intramuscular, that is furnished by a physician, nurse practitioner, physician assistant, or other attending clinical personnel (as determined by the Secretary by regulation) to an individual who is an inpatient of a hospital, critical access hospital, or rural emergency hospital, or is a patient of the emergency department of such a hospital or an ambulatory surgical center, but only if— (1)such physician, nurse practitioner, physician assistant, or attending clinical professional determines that such individual is at risk for an opioid overdose; and (2)such drug is furnished at the time such individual is discharged from the hospital or leaves the emergency department or ambulatory surgical center, as the case may be, together with instructions for the administration of such drug.. (VIII)A preventive opioid reversal drug (as defined in section 1861(nnn)).; and (9) Preventive opioid overdose reversal drugs Notwithstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage under this section unless, beginning on January 1, 2026, such coverage includes (and does not impose any deduction, cost sharing, or similar charge for) preventive opioid overdose reversal drugs described in section 1861(nnn). . (32)beginning January 1, 2026, preventive opioid overdose reversal drugs described in section 1861(nnn); and. (F)Preventive opioid overdose reversal drugs described in section 1861(nnn) that are furnished as medical assistance in accordance with section 1905(a)(32) and section 1902(a)(10)(A).; and (A)In generalIf a State plan; and (B)Preventive opioid overdose reversal drugsBeginning January 1, 2026, in applying paragraph (2)(A) to a preventive opioid overdose reversal drug described in section 1861(nnn), such drug shall be deemed a prescribed drug for purposes of section 1905(a)(12).. (K)beginning January 1, 2026, preventive opioid overdose reversal drugs described in section 1861(nnn); and; and (K)beginning January 1, 2026, preventive opioid overdose reversal drugs described in section 1861(nnn); and. (xv)Beginning January 1, 2026, preventive opioid overdose reversal drugs described in section 1861(nnn).. (F)Notwithstanding subparagraphs (A), (B), and (C), beginning on January 1, 2026, an eligible covered beneficiary shall not be required to pay a cost-sharing amount for a preventive opioid overdose reversal drug.. (5)The term preventive opioid overdose reversal drug has the meaning given such term in section 1861 of the Social Security Act (42 U.S.C. 1395x)..