Manchin Applauds Final Hhs Rule To Implement Protecting Jessica Grubb’s Legacy Act
Washington, DC – Today, the U.S. Department of Health and Human Services (HHS) released its final rule to implement U.S. Senator Joe Manchin’s (D-WV) bipartisan Protecting Jessica Grubb’s Legacy Act (Legacy Act), which changes existing privacy regulations, known as 42 CFR Part 2, surrounding medical records for those suffering with substance use disorder. The Legacy Act will save lives by ensuring that medical providers do not accidentally give opioids to individuals in recovery like in the case of Jessica Grubb.
This bipartisan legislation passed in 2020 as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). In February 2023, Senator Manchin and four of his bipartisan colleagues provided HHS Secretary Xavier Becerra with recommended improvements on implementing the proposed rule.
“Today’s announcement is the final step in securing Jessica Grubb’s legacy and will help save countless lives in our fight against the drug epidemic,” said Senator Manchin. “This legislation makes absolutely critical changes to medical privacy regulations to ensure individuals in recovery are not mistakenly prescribed opioids. I’m pleased HHS incorporated our bipartisan feedback in the final version of the rule and I will continue doing everything I can to honor Jessie’s legacy and combat the devastating drug epidemic that has touched every community across our country.”
The Legacy Act is named after Jessica Grubbs, a West Virginian who died from substance use disorder after a medical provider prescribed her opioid pills following a surgery. After battling substance use disorder for seven years, Jessie was sober and focused on making a life for herself in Michigan. She was training to run in a marathon and had to undergo surgery for a running related injury. Her parents told her doctors and hospital personnel that she was recovering from substance use disorder; however, after Jessie’s surgery, the discharging doctor, who said he didn’t know she was recovering from substance use disorder, sent her home with a prescription for 50 oxycodone pills. The goal of the legislation is to save lives by ensuring that medical providers do not unknowingly give opioids to individuals in recovery, like in the case of Jessie.
More information on the final rule can be found here.
A timeline of Senator Manchin’s efforts to pass and implement the Legacy Act:
- On March 22, 2023, Senator Manchin questioned HHS Secretary Xavier Becerra on the implementation timeline for the Legacy Act.
- On February 14, 2023, Senator Manchin provided HHS Secretary Becerra with recommended bipartisan improvements on implementing the proposed rule.
- On November 29, 2022, Senator Manchin released a statement on the proposed rule to implement the legislation.
- On July 30, 2020, Senator Manchin requested an update on the implementation of the legislation.
- On March 27, 2020, Senator Manchin released a statement after President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act into law, which included the Legacy Act.
- On March 26, 2020, Senator Manchin released a statement after the Senate passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act into law, which included the Legacy Act.
- On March 6, 2020, Senator Manchin reintroduced the Legacy Act.
- On August 22, 2019, Senator Manchin spoke with HHS Secretary Alex Azar on their continued efforts to pass the legislation.
- On June 12, 2019, Senator Manchin applauded the American Medical Association (AMA) for supporting the Legacy Act.
- On April 26, 2019, Senator Manchin published an op-ed on the importance of passing the Legacy Act.
- On April 8, 2019, Senator Manchin reintroduced the Legacy Act.
- On March 6, 2019, Senator Manchin wrote a letter to HHS Secretary Alex Azar urging him to support provisions in the Legacy Act.
- On October 18, 2017, Senator Manchin sent a letter to the Commission on Combating Drug Addiction and the Opioid Crisis urging them to include the Legacy Act in their final report.
- On September 21, 2017, Senator Manchin introduced the Legacy Act.
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