Title 42, The Public Health and WelfareRelease 119-110

§294i–1 Emergency Department Alternatives to Opioids Program

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER V — HEALTH PROFESSIONS EDUCATION › Part D — Interdisciplinary, Community-Based Linkages › § 294i–1

Last updated Sep 23, 2026|Official source

Summary

The Secretary of Health and Human Services must run a grant program that gives money to hospitals and emergency departments, including freestanding emergency departments, so they can create, improve, study, or use ways to treat pain without opioids. Hospitals must apply to get a grant. The Secretary must try to spread grants across different locations. Grant money can be used to focus on common painful conditions, train staff on when to use or avoid opioids and how to use alternatives, and set up or keep going non-opioid pain strategies. The Secretary may also run a similar demo program for other acute care sites. Recipients must share what works and get offered technical help. The help will promote best practices, use lessons from successful hospitals, include non-addictive medicines and non-drug treatments, help spot patients at risk for opioid problems, and reach groups like older adults, pregnant women, and children, as well as many types of care sites. Each grantee must send yearly progress reports while funded. Reports must describe the programs and patient demographics, show data on alternative strategies and the number of opioid prescriptions before and during the program, show how many patients later got opioids after alternatives, and any other needed information. By the end of fiscal years 2024 and 2027, the Secretary must report results to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Energy and Commerce, including how many applications were received and funded, a summary that allows comparisons, and recommendations for wider use. Up to $10,000,000 is authorized each year for fiscal years 2023 through 2027.

Full Legal Text

Title 42, §294i–1

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Grant program
(1)In general
The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall carry out a program for purposes of awarding grants to hospitals and emergency departments, including freestanding emergency departments, to develop, implement, enhance, or study alternatives to opioids for pain management in such settings.
(2)Eligibility
To be eligible to receive a grant under paragraph (1), a hospital or emergency department shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(3)Geographic distribution
In awarding grants under this section, the Secretary shall seek to ensure geographical distribution among grant recipients.
(4)Use of funds
Grants under paragraph (1) shall be used to—
(A)target treatment approaches for painful conditions frequently treated in such settings;
(B)train providers and other hospital personnel on protocols or best practices related to the use and prescription of opioids and alternatives to opioids for pain management in the emergency department; and
(C)develop or continue strategies to provide alternatives to opioids, as appropriate.
(b)Additional program
The Secretary may carry out a demonstration program similar to the program under subsection (a) for other acute care settings.
(c)Consultation
The Secretary shall implement a process for recipients of grants under subsection (a) or (b) to share evidence-based and best practices and promote consultation with persons having robust knowledge, including emergency departments and physicians that have successfully implemented programs that use alternatives to opioids for pain management, as appropriate, such as approaches studied through the National Center for Complimentary and Integrative Health or other institutes and centers at the National Institutes of Health, as appropriate. The Secretary shall offer to each recipient of a grant under subsection (a) or (b) technical assistance as necessary.
(d)Technical assistance
The Secretary shall identify or facilitate the development of best practices on alternatives to opioids for pain management and provide technical assistance to hospitals and other acute care settings on alternatives to opioids for pain management. The technical assistance provided shall be for the purpose of— (1)
(2)identifying or facilitating the development of best practices on the use of alternatives to opioids, which may include pain-management strategies that involve non-addictive medical products, non-pharmacologic treatments, and technologies or techniques to identify patients at risk for opioid use disorder;
(3)identifying or facilitating the development of best practices on the use of alternatives to opioids that target common painful conditions and include certain patient populations, such as geriatric patients, pregnant women, and children; and
(4)disseminating information on the use of alternatives to opioids to providers in acute care settings, which may include emergency departments, outpatient clinics, critical access hospitals, Federally qualified health centers, Indian Health Service health facilities, and Tribal hospitals.
(e)Report to the Secretary
Each recipient of a grant under this section shall submit to the Secretary (during the period of such grant) annual reports on the progress of the program funded through the grant. These reports shall include, in accordance with all applicable State and Federal privacy laws—
(1)a description of and specific information about the opioid alternative pain management programs, including the demographic characteristics of patients who were treated with an alternative pain management protocol, implemented in hospitals, emergency departments, and other acute care settings;
(2)data on the opioid alternative pain management strategies used, including the number of opioid prescriptions written—
(A)during a baseline period before the program began; or
(B)at various stages of the program; and
(3)data on patients who were eventually prescribed opioids after alternative pain management protocols and treatments were utilized; and
(4)any other information the Secretary determines appropriate.
(f)Reports to Congress
Not later than the end of each of fiscal years 2024 and 2027, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of the program and include in the report—
(1)the number of applications received and the number funded;
(2)a summary of the reports described in subsection (e), including data that allows for comparison of programs; and
(3)recommendations for broader implementation of pain management strategies that encourage the use of alternatives to opioids in hospitals, emergency departments, or other acute care settings.
(g)Authorization of appropriations
To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified as a note under section 294i of this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act or the SUPPORT for Patients and Communities Act, and not as part of the Public Health Service Act which comprises this chapter.

Amendments

2022—Pub. L. 117–328, § 1221(1), struck out “demonstration” before “program” in section catchline. Subsec. (a). Pub. L. 117–328, § 1221(2)(A), amended heading generally. Prior to amendment, heading read as follows: “Demonstration program grants”. Subsec. (a)(1). Pub. L. 117–328, § 1221(2)(B), struck out “demonstration” before “program”. Subsec. (b). Pub. L. 117–328, § 1221(3), struck out “demonstration” before “program” in heading. Subsec. (d)(4). Pub. L. 117–328, § 1221(4), substituted “Tribal” for “tribal”. Subsec. (f). Pub. L. 117–328, § 1221(5), substituted “Reports” for “Report” in heading and “Not later than the end of each of fiscal years 2024 and 2027, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of the program” for “Not later than 1 year after completion of the demonstration program under this section, the Secretary shall submit a report to the Congress on the results of the demonstration program” in introductory provisions. Subsec. (g). Pub. L. 117–328, § 1221(6), substituted “2023 through 2027” for “2019 through 2021”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 294i–1

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110