FOR IMMEADIATE RELEASE: Monday, August 5, 2019

PIERRE, SD – Attorney General Jason Ravnsborg has sent a letter to Congressional leadership in both chambers, asking for the removal of federal barriers that are currently preventing health care providers from offering treatment for opioid use disorder. The letter, led by Oklahoma Attorney General Mike Hunter and North Carolina Attorney General Josh Stein, was signed by 35 other attorneys general.

Opioid use disorder is the physical and psychological reliance on opioids. Symptoms of opioid addiction include uncontrollable cravings for the drugs and the inability to control opioid use despite its negative impacts.

“To effectively treat opioid use disorder we must be in a position to give proper help to those affected and afflicted,” said Ravnsborg.  “By removing these barriers, we can more effectively assist people in getting the help they need with their addiction.”

Attorney General Hunter said it’s estimated that 2 million Americans struggle with opioid use disorder.

“States are on the front lines and are combining all of the resources at our disposal to stop the current crisis,” Attorney General Hunter said. “Although we have been successful in many ways, there is more that can be done by the federal government. By eliminating the barriers outlined in our letter, Congress can take meaningful, productive steps that will benefit those currently struggling with addiction before it’s too late.”

The letter outlines three areas that need to be addressed:  

• Replace the cumbersome, out-of-date, privacy rules contained in 42 CFR Part 2 with the effective and more familiar privacy rules contained in the Health Insurance Portability and Accountability Act (HIPAA); 

• Pass HR 2482, the Mainstreaming Addiction Treatment Act, which would eliminate unnecessary burdens on buprenorphine prescribing imposed by the Drug Addiction Treatment Act of 2000. Buprenorphine is one of three drugs used as part of Medication Assisted Treatment, the most effective treatment for opioid use disorder. Outdated and unnecessary federal requirements are discouraging doctors from prescribing this life-saving drug to patients who need it; and  

• Fully repeal the Medicaid Institutions for Mental Diseases (IMD) exclusion. The IMD exclusion generally prohibits state Medicaid programs from receiving federal reimbursement for adults between 21 and 65 receiving mental health or substance use disorder treatment in a residential treatment facility with more than 16 beds. 

“The opioid epidemic is tearing families apart all over our state and nation,” said Attorney General Stein. “Opioid addiction, like all chronic illnesses, requires treatment for people to get healthy. We must remove all unnecessary barriers between people with opioid use disorder and the treatment they need. I urge Congress to take these needed steps.”

South Dakota is joined on the letter by attorneys general from Oklahoma, North Carolina, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Hawaii, Idaho, Illinois, Iowa, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

Federal Barriers to Treatment Letter August 5, 2019

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The Office of the Attorney General is the chief legal office for the State of South Dakota and provides legal advice to agencies, boards, and commissions of the State as well as representing the State in state and federal court.  The Office of Attorney General also handles prosecutions, felony criminal appeals, civil matters, consumer protection issues, and issues formal opinions interpreting statutes for agencies of the state.  Visit www.atg.sd.gov to learn more.

CONTACT: Tim Bormann, Chief of Staff, (605) 773-3215