On December 10, 2024, Senator Markey (D-Mass) and Senator Mike Braun (R-Ind.) despatched a letter to numerous non-public fairness (PE) companies who’ve invested in opioid therapy packages (OTPs). The letter requested info concerning how PE funding in OTPs is impacting entry to, and availability of, remedy for opioid use dysfunction (MOUD). Specifically, the letter was within the influence on the accessibility of Methadone. This letter is the most recent within the federal legislative’s, and Senator Markey’s, heightened scrutiny of non-public fairness backed well being care suppliers.
Remedy for OUD
Methadone is probably the most stringently regulated remedy to deal with opioid use dysfunction (OUD) and, on account of federal rules, is simply accessible by way of OTPs. Though OTPs can fluctuate in settings together with intensive outpatient packages, residential packages, and hospitals, all OTPs require particular license certification by the Substance Abuse and Psychological Well being Providers Administration (SAMHSA), a part of the federal Division of Well being & Human Providers, and accreditation by an unbiased, SAMHSA-approved accrediting physique.
Contents of the Letter
In line with the letter, roughly one in 5 People fighting OUD obtain MOUD. Markey and Braun’s letter notes that Methadone is a extremely efficient, confirmed remedy that helps sufferers keep in restoration. Nonetheless, the letter additionally notes that due to the strict federal regulation, entry to Methadone is restricted. Senator Markey has launched bipartisan laws referred to as the Modernizing Opioid Remedy Entry Act (MOTAA), which might reduce federal restrictions on Methadone and permit board-certified habit psychiatrists and habit medication physicians registered with the Drug Enforcement Administration, no matter whether or not they work for or in an OTP, to prescribe Methadone for opioid use dysfunction to sufferers. Though MOTAA has bipartisan help, it nonetheless faces some opposition from each events, particularly within the Home of Representatives.
The letter notes, nonetheless, that some OTPs are against the MOTAA laws. The senators declare that it’s “regarding” to them that the overwhelming majority of OTPs additionally in opposition to the laws are affiliated with non-public fairness. Consequently, the Senators search details about why OTPs are targeted on maintaining Methadone therapy restricted to OTPs’ on-site areas. Moreover, they search details about what elements of the for-profit OTP enterprise mannequin are informing scientific selections about affected person care. The letter concludes by asking the companies to which the letters have been despatched to offer solutions to 10 questions concerning their enterprise goals, monetary efficiency, and their influence on scientific selections, prescribing pointers, and affected person outcomes amongst different subjects. The letter requests solutions by January 10, 2025.
Conclusion
That is simply one other instance of the heightened scrutiny of personal fairness’s investments into well being care. If handed, the MOTAA doubtless will lead to elevated competitors within the OUD area. Nonetheless, OUD therapy suppliers and different stakeholders have voiced robust opposition to the laws, noting that the prescribing of Methadone in much less managed and fewer regulated settings might have doubtlessly harmful implications on account of a rise within the danger of diversion and abuse. Stakeholders within the OUD area in addition to non-public fairness companies thinking about well being care area extra usually ought to concentrate on growing consideration to this space.
Foley will proceed to watch these developments. Foley is right here that can assist you deal with the brief and long-term impacts within the wake of regulatory modifications. We now have the assets that can assist you navigate these and different vital authorized issues associated to enterprise operations and industry-specific points. Please attain out to the authors, your Foley relationship companion, or to our Well being Care Observe Group and Well being Care & Life Sciences Sector with any questions.
The put up Non-public Fairness: Senators Markey and Braun Search Info on Function in Remedy for Opioid Use Dysfunction appeared first on Foley & Lardner LLP.