Harm Reduction — Not Drug Prohibition — Is the Cure for the Opioid Overdose Crisis

Instead of doubling down on War on Drugs policies that aren’t working (and might even be making the problem worse), policymakers should instead embrace harm reduction strategies…

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The U.S. government’s current strategy of trying to restrict the supply of opioids for nonmedical uses is not working. While government efforts to reduce the supply of opioids for nonmedical use have reduced the volume of both legally manufactured prescription opioids and opioid prescriptions, deaths from opioid overdoses are nevertheless accelerating. Research shows the increase is due in part to substitution of illegal heroin for now harder-to-get prescription opioids. Attempting to reduce overdose deaths by doubling down on this approach will not produce better results.

Policymakers can reduce overdose deaths and other harms stemming from nonmedical use of opioids and other dangerous drugs by switching to a policy of “harm reduction” strategies. Harm reduction has a success record that prohibition cannot match. It involves a range of public health options. These strategies would include medication-assisted treatment, needle-exchange programs, safe injection sites, heroin-assisted treatment, deregulation of naloxone, and the decriminalization of marijuana.

Though critics have dismissed these strategies as surrendering to addiction, jurisdictions that have attempted them have found that harm reduction strategies significantly reduce overdose deaths, the spread of infectious diseases, and even the nonmedical use of dangerous drugs.

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In the War on Drugs, patients and doctors are often the mistaken targets in the fight against the so-called opioid epidemic.

Study after study show a “misuse” rate of less than 1% in patients prescribed opioids for acute pain or chronic pain. And numerous large studies show an even lower overdose rate from opioids used in the medical setting.

Fear of opioids propels drug prohibition, the black market, and rising overdoses from heroin and fentanyl. It also drives the misguided prohibition on prescribing pain medication, causing patients to suffer and destroying lives.

Learn more, and join the conversation on Twitter with #CatoDrugWar…

Doubling Down on the Drug War Will Only Make the Opioid Crisis Worse

The United States has seen a surge in deaths from overdoses of opioids, including both prescription drugs and illegal opioids such as heroin. Unfortunately, the policy “cures” have uniformly worsened the problem...  

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It is simplistic—and thus provides an easy target—for politicians and the media to latch on to the false narrative that greedy pharmaceutical companies teamed up with lazy, poorly-trained doctors, to hook innocent patients on opioids and condemn them to a life of drug addiction. But this has never been the case.

Despite the fact that the government’s own numbers have shown for years that the overdose crisis is primarily the result of nonmedical users seeking drugs in the black market created by drug prohibition, policymakers seem intent on seeing doctors treating patients in pain as the source of the opioid overdose crisis. And their focus has been on getting doctors to curtail prescribing opioids.

As prescriptions continue to decrease, overdose deaths continue to increase. This is because as non-medical users get reduced access to usable diverted prescription opioids, they migrate to more dangerous fentanyl and heroin.

Meanwhile, a lot of patients, in and out of the hospital, suffer from under-treatment of pain. 

The DEA, which sets national manufacturing quotas for opioids, ordered a 25% reduction in 2017 & 20% again this year. As a result, hospitals across the country are facing shortages of injectable morphine, fentanyl, and Dilaudid (hydromorphone), and trauma patients, post-surgical patients, and hospitalized cancer patients frequently go undertreated for excruciating pain. The shortage is uneven across the country. Some hospitals are feeling the shortage worse than others, but it’s clear that the “war on opioids” being waged by today’s policymakers is, in effect, a “war on patients in pain.”

Hospitals are working hard to ameliorate the situation by asking medical staff to use prescription opioid pills such as oxycodone and OxyContin instead of injectables, but many patients are unable to take oral medication due to their acute illness or post-operative condition. In those cases, hospitals use injectable acetaminophen, muscle relaxants, or non-steroidal anti-inflammatory agents, but those drugs fail to give adequate relief.  Some hospitals have even resorted to asking nursing staff to manually combine smaller-dose vials of morphine or other injectable opioids that remain in-stock as a replacement for the out-of-stock larger dose vials. Dose-equivalents of different IV opioids vary and are difficult to accurately calculate. This increases the risk of human error and places patients at risk for overdose.

In another misguided attempt to reduce opioid use, abuse, and overdoses, policymakers have also focused on developing and promoting tamper-resistant or abuse-deterrent formulations (ADFs) that render diverted opioids unusable if individuals attempt to use them for nonmedical purposes.

Although the benefits of ADFs seem to be nonexistent, these formulations have led to real harms. ADFs have encouraged users to switch to more dangerous opioids, including illegal heroin. In at least one instance, the reformulation of a prescription opioid led to a human immunodeficiency virus (HIV) outbreak. Along the way, ADFs unnecessarily increase drug prices, imposing unnecessary costs on health insurance purchasers, taxpayers, and particularly patients suffering from chronic pain.

Meanwhile, the CDC’s methods for tracking opioid overdose deaths have over-estimated the number of those deaths due to prescription opioids, as opposed to heroin, illicitly manufactured fentanyl, and other illicit variants of fentanyl. The exact drugs involved in overdose deaths are not identified in 20% of death certificates, multiple drugs are involved in over half of their reported cases of prescription opioid overdoses, and the number of deaths due to diverted (stolen, smuggled, or sold by dealers) prescription opioids is unknown. 

If policymakers are serious about wanting to reduce overdose deaths, they should look to what has been done in Portugal, and now Norway, and end the war on drugs.

Unfortunately, the Trump Administration’s response has been disappointing at best. 

President Trump sees the zero-tolerance policies of Singapore, China and the Philippines as a model for U.S. drug policy. Even worse, Trump is said to believe that all drug dealers should get the death penalty.

The president’s frustration with the failure of the war on drugs is understandable. But the solution should not be to try more of the same, only “tougher.” Threats of increased prisons sentences — or even death sentences — amount to nothing more than a temper tantrum.

Sensible drug policy makes it easier for people with substance abuse problems to transition back to a normal life, rather than ruining their lives through long-term incarceration — or ending them altogether through capital punishment.  If the goal is reducing drug-related deaths, policymakers should put more emphasis on “harm reduction” measures, such as syringe services programs, medication-assisted treatment with drugs such as methadone, buprenorphine, or naltrexone, and enhanced distribution of naloxone, the antidote for an opioid overdose. These programs not only reduce deaths but are a more cost-effective allocation of resources.

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Has Obamacare Made Insurance Cheaper?

One goal of the Affordable Care Act was to reduce the cost of health insurance. Has it? 

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One way Obamacare tried to reduce the cost of health insurance was by instituting minimum requirements on the share of premiums that commercial insurers must spend on medical claims. Known as the Medical Loss Ratio (MLR), this share is a measure of the actuarial fairness of insurance.

However, rather than reduce premiums, insurers increased their claims costs nearly one-for-one with their distance below the regulatory threshold.

On a state-by-state and market-segment-by-segment basis, insurers are required to maintain a MLR of at least 80% in the individual and small-group market segments and 85% in the large-group market segment, colloquially known as the “80/20 rule.” Federal regulation requires insurers to issue rebates to customers based on their realized MLR.

If an insurer collects $100 in premiums in the individual market, but spends only $79 paying medical claims that year, they are required to write a $1 check to policyholders. However, the insurer must bear the full administrative cost of keeping expenditures below $80 but reaps none of the rewards. That is, minimum MLR requirements encourage higher costs, not lower.

As a result, instead of causing a reduction in premiums in either the individual or group markets, Obamacare has incentivized insurers to cut administrative spending when the regulation was binding.

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New Executive Order Helps In Fight Against Obamacare

President Trump today signed an executive order that urges executive-branch agencies to take steps that could free millions of consumers from Obamacare’s hidden taxes, bring transparency to that law, and give hundreds of millions of workers greater control over their earnings and health care decisions…

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Since the Affordable Care Act took full effect in 2014, premiums in the individual market have more than doubled. The average cumulative increase is 105 percent, equivalent to average annual increases of 19 percent. Family premiums have increased 140 percent. In Alabama, Alaska, and Oklahoma, premiums have more than tripled. Analysts predict an average increase of 18 percent for 2018; premium increases will average 24 percent in Washington State and 45 percent in Florida. Maryland Insurance Commissioner Al Redmer predicts that if these trends persist, the Exchanges “will implode.”

ObamaCare’s skyrocketing premiums are not due to rising health care prices. They are due to the hidden taxes ObamaCare imposes. The law’s community-rating price controls increase premiums for the healthy in order to reduce premiums for the sick. The law also requires individuals and small employers to purchase a government-defined set of “essential health benefits,” including coverage (e.g., maternity care) that many consumers do not want.

When healthy consumers flee the Exchanges, premiums could rise even faster than they already are, and the Exchanges could indeed collapse as Maryland’s insurance commissioner predicts. If so, we must understand that as a manifestation of Obamacare’s unpopularity. If community rating and other provisions of the law were as popular as Obamacare supporters claim, consumers would be lining up to pay the resulting hidden taxes. But they won’t–and even Democrats know it.

So when Democrats object to reforms that would let consumers avoid Obamacare’s hidden taxes, they are actually implicitly conceding that even the Obamacare provisions that they claim are popular are actually unpopular. What Democrats appear to mean when they complain this executive order “undermines the law” is that it could undermine their illusions about Obamacare’s popularity and sustainability. 

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Fall 2015 Issue of Regulation Magazine

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In recent decades, policymakers have attempted to overcome zoning constraints on new development by granting special zoning exceptions in return for various developer-provided public benefits. This strategy is proving inadequate as zoning continues to suppress needed development of lower- and middle-class housing and employment. However, broader zoning reform is politically difficult because of incumbent-homeowner political coalitions. 

In the new issue of Regulation, law professors Roderick M. Hills Jr. and David Schleicher recommend an unlikely cure for zoning regulations that are strangling our cities: binding, comprehensive, citywide plans. In Can ‘Planning’ Deregulate Land Use? , Hills and Schleicher propose a return to the use of comprehensive, citywide planning for land use regulation, which can only be approved or rejected, without amendment, by legislative bodies.

Also in this issue, Richard A. Booth argues against adopting the European approach to insider trading; Pierre Lemieux illustrates how “public health” as a concept has become divorced from its original, intended meaning; Omri Ben-Shahar and Kyle Logue criticize government-subsidized weather insurance for subsidizing the wealthy and encouraging development in disaster-prone areas; and Joseph Michael Newhard shows how domestic firearms manufacturing has actually benefitted from gun control policies. 

Read the new issue

Medicaid and Medicare Turn 50

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50 years ago today, President Lyndon B. Johnson signed legislation creating Medicare and Medicaid. 

Despite their popularity with seniors, the disabled, the needy, and those who might otherwise have to care for them, Medicare and Medicaid have done enormous damage to the U.S. health care sector and to individual liberty.

Read recent Cato Institute research and commentary on this topic: 

Obamacare’s Not-So-Hidden Tax: Thank You for Smoking

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Originally posted by nitratediva

Without government interference, insurance markets will naturally charge higher premiums for riskier individuals. For example, life insurance premiums vary considerably based on factors that increase the likelihood of death, such as age, gender, smoking status, and health.

Under Obamacare, many factors that influence healthcare expenditures are excluded from premiums. For example, premiums make no distinction for obesity, likelihood of having a baby, alcoholism or pre-existing conditions. One notable exception is for smokers, where premiums may be up to 50 percent higher than that for non-smokers. Cato’s Aaron Yelowitz has collected data on premiums for smokers and non-smokers in 35 states, and the data shows large variation in the extent to which smokers are charged more for their choice.

Learn more… 

January Issue of Cato Unbound Tackles Obesity

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In the January issue of Cato Unbound, Christopher Snowdon reviews the efficacy and fairness of sin taxes aimed at preventing obesity. He finds that at low levels of taxation, consumers don’t change their behavior appreciably, and when they do abandon the taxed foods, it will often be in favor of other high-calorie choices. Very high levels of taxation may be needed to bring about significant public health benefits, but here the evidence is sparse, because few jurisdictions have tried taxation at these levels. Moreover, all such sin taxes are regressive; they hurt the poor disproportionately and become justly politically unpopular. Snowdon concludes that sin taxes aimed at obesity are an ineffective public policy tool, even on their proponents’ own terms.

Discussion will continue through the end of the month with essays by Baylen Linnekin, Jennifer Harris, and Russell Saunders. Follow Cato Unbound on Facebook and Twitter for all the latest contributions.

It’s Your Health! Should You Get To Make Your Own Health Decisions…or Should Government Make Them For You?

Obesity remains a serious health problem and it is no secret that many people want to lose weight. Behavioral economists typically argue that “nudges” help individuals with various decision-making flaws to live longer, healthier, and better lives. 

In an article in the new issue of Regulation, Michael L. Marlow discusses how nudging by government differs from nudging by markets, and explains why market nudging is the more promising avenue for helping citizens to lose weight.