The HANDS Act mandates that major federal health programs cover the cost of preventive opioid overdose reversal drugs furnished to at-risk patients upon discharge from hospitals and other facilities, starting January 1, 2026.
Brittany Pettersen
Representative
CO-7
The HANDS Act mandates that life-saving opioid overdose reversal drugs be provided at no cost to at-risk individuals leaving hospitals, emergency departments, or ambulatory surgical centers starting January 1, 2026. This coverage is established across major federal health programs, including Medicare Part B, Medicare Advantage, Medicaid, and TRICARE, eliminating patient cost-sharing. The bill also directs federal agencies to issue guidance to help states and hospitals safely implement the distribution of these drugs.
The Hospitals As Naloxone Distribution Sites Act, or the HANDS Act, is straightforward: it mandates that major federal health programs must cover life-saving opioid overdose reversal drugs—think naloxone nasal sprays or injectable versions—at absolutely no cost to the patient. This coverage kicks in on January 1, 2026, and applies specifically when a patient is leaving a hospital, emergency department (ED), or ambulatory surgical center (ASC).
The core of this bill is eliminating the financial barrier for a specific, high-risk group. Starting in 2026, if a doctor, physician assistant, or nurse practitioner determines you are at risk for an opioid overdose when you are being discharged from the hospital, they can give you this reversal drug, and you won't pay a dime. This applies across the board: Medicare Part B, Medicare Advantage, Medicaid, and TRICARE must cover 100% of the cost. For Medicare beneficiaries, this means no deductibles or coinsurance. For Medicaid recipients, states are explicitly prohibited from charging any cost-sharing, like copays. This is a huge win for public health, ensuring that the most vulnerable patients—those recently hospitalized, often for complications related to opioid use—leave with a critical safety net.
The bill is very specific about when this zero-cost coverage applies. It’s not for every prescription filled at the corner pharmacy. It’s defined as a “preventive opioid overdose reversal drug” that is furnished by clinical staff before discharge, along with instructions on how to use it. The key decision point here is the clinical staff determining that the patient is “at risk for an opioid overdose.” This is where the bill gets a little vague. While giving clinicians the power to decide who needs it is important, the lack of a standardized definition of “at-risk” could lead to uneven application. One hospital might be very proactive, while another might be more restrictive, depending on how they interpret that risk factor.
There’s also a crucial caveat tucked into the bill: it doesn't force any provider or hospital to actually give the drug to the patient. It only sets up the payment structure if they choose to furnish it. So, while the money is guaranteed, the distribution is still left to the discretion of the facility and the prescribing provider. For patients, this means access could still vary depending on the hospital's internal policies, even with the coverage mandate in place.
To make this work, the bill sets a one-year deadline for federal agencies to issue guidance. The FDA Commissioner has to issue guidance to state boards—pharmacy, nursing, and medicine—to clear up any regulatory roadblocks hospitals might face in safely dispensing these drugs. Separately, the Secretary of Health and Human Services has to issue guidance to hospitals on how to actually bill for this new covered item. This administrative cleanup is necessary because hospitals need clear rules to bill Medicare and Medicaid correctly. For hospitals, this means new protocols and billing codes are coming, but they have a year to prepare with federal guidance.