ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: HHS DP 8-1-0-0

HB 2451: prescription digital therapeutics; pilot program

Sponsor: Representative Martinez, LD 16

House Engrossed

Overview

Establishes, beginning October 1, 2023, the Prescription Digital Therapeutics Pilot Program (Pilot Program) in the Arizona Department of Health Services (DHS) to contract with a vendor to procure United States Food and Drug Administration (FDA) authorized prescription digital therapeutics (PDTs) approved for the treatment of substance and opioid use disorders. Appropriates $10,000,000 from the One Arizona Distribution of Opioid Settlement Funds Agreement (One Arizona Agreement) in FY 2024 to DHS to implement the Pilot Program.

History

DHS aims to promote, protect and improve the health and wellness of individuals and communities in Arizona. The agency strives to set the standard for personal and community health through direct care, science, public policy and leadership. DHS operates programs from the following areas: 1) disease prevention and control; 2) health promotion; 3) community public health; 4) environmental health; 5) maternal and child health; 6) emergency preparedness; and 7) regulation of healthcare intuitions and facilities.

In 2021, Arizona cities, towns and counties signed the One Arizona Memorandum of Understanding, now known as the One Arizona Agreement, to distribute funds across the state from the national opioid settlements. The One Arizona Agreement, supplies funding for programs to address and ameliorate opioid abuse and contains reporting requirements for how the money is used, including:

1)   56% of the total settlement goes to local governments for opioid amelioration programs;

2)   44% of the total settlement goes to a state fund for opioid amelioration programs;

3)   funds to be spent in accordance with approved, nationally recognized strategies to pay for future costs incurred by the state and local governments to address the opioid epidemic. Transparent reporting requirements for fund usage to ensure compliance with approved purposes; and

4)   flexibility for local governments to pool resources to increase the impact of settlement funds.

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEstablishes, beginning October 1, 2023, the Pilot Program in DHS to contract with a vendor to procure FDA-authorized PDTs that are approved for the treatment of substance and opioid use disorders to explore the effectiveness of PDT. (Sec. 1)

2.   Requires DHS to provide PDTs to patients who have been diagnosed with a substance or opioid use disorder and prescribed an FDA-authorized PDT as part of treatment by treating care providers who are participating in the Pilot Program. (Sec. 1)

3.   Specifies that the use of FDA-authorized PDTs by patients may be in addition to any other treatment for substance or opioid use disorders, including medication-assisted treatment and other behavioral health services. (Sec. 1)

4.   Enables the Pilot Program to begin no later than October 1, 2023 and operate until October 1, 2025 or until monies appropriated for the Pilot Program are spent, whichever occurs first. (Sec. 1)

5.   Instructs DHS, within six months after the termination of the Pilot Program, to prepare a report, using data supplied by the contracted vendor of the FDA-authorized PDTs and aggregated claims data, describing their findings regarding the impact of the Pilot Program. (Sec. 1)

6.   Outlines factors that DHS must provide in their report, including:

a)   the population included in the Pilot Program;

b)   the successes and challenges of the Pilot Program;

c)   participant treatment goals and whether those goals were achieved;

d)   a comparison of hospitalization for program participants as compared to other patients of the participating treating health care providers who are being treated for substance and opioid use disorders; and

e)   an explanation of whether and how PDTs prescribed to Pilot Program participants improved their access to treatment. (Sec. 1)

7.   Requires DHS to submit the report to:

a)   the Chairpersons and ranking minority party members of the Health & Human Services Committees of the Senate and House of Representatives, or their successor committees; and

b)   a copy to the Secretary of State. (Sec. 1)

8.   Defines FDA-authorized prescription digital therapeutic or prescription digital therapeutic. (Sec. 1)

9.   Appropriates $10,000,000 from the monies that are governed by the One Arizona Agreement in FY 2024 to DHS to purchase FDA-authorized PDTs to treat substance abuse and opioid use disorders. (Sec. 2)

10.  Exempts the appropriation from lapsing, except that any remaining monies unexpended and unencumbered revert to the state General Fund on January 1, 2027. (Sec. 2)

11.  Repeals the Pilot Program on January 1, 2027. (Sec. 1)

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15.                    HB 2451

16.  Initials AG/BSR    Page 0 House Engrossed

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