Federal stakeholders announced this week proposed rule changes to increase coordination of health providers to better serve people recovering from substance use disorder. 

U.S. Sens. Joe Manchin, D-W.Va., and Shelley Moore Capito, R-W.Va., said the move is a result of the Protecting Jessica Grubb’s Legacy Act (Legacy Act), which passed Congress in 2020 to help prevent medical providers from giving opioids to individuals in recovery, a fate suffered by Grubb, a Charleston native who died of an overdose.

The U.S. Health and Human Services Department, through the Office for Civil Rights and the Substance Abuse and Mental Health Services Administration, announced this week the proposed rule changes improve coordination of care for patients receiving treatment while strengthening critical privacy protections to help ensure individuals do not forego life-saving care due to concerns about records disclosure.

Grubb, known as Jessie by her loved ones, was a Charleston native who was sober and focused on her future in Michigan. While training to run a marathon, Grubb was injured and underwent surgery.

While her parents went to Michigan for her surgery and warned doctors and hospital personnel she was recovering from substance use disorder, she was still sent home with a prescription for 50 oxycodone pills.

David Grubb, Jessica Grubb’s father, said the announcement comes six years after his daughter’s avoidable overdose death.

“The Legacy Act proposed rule, coupled with Jessie’s Law, are crucial steps that will prevent needless deaths in the future,” he said. “While nothing can ever replace Jessie in our lives, it is comforting to know that other families will not have to endure similar pain.” Manchin said the announcement is another step in securing Grubb’s legacy and saving countless lives. “While it has taken more than two years since Congress passed the Legacy Act to get this critical change implemented, I am pleased HHS is taking action to help Americans and West Virginians who are in recovery from substance use disorder,” he said. 

Capito said Grubb’s story shows how tragic the epidemic is and the impact it has on families across the state.

“Today’s announcement is welcome news as it will help to ensure that all members of a patient’s treatment team have access to a person’s history of addiction, which will help improve care coordination,” she said. “This change, which we’ve been working to implement for several years, will also help remove the stigma behind opioid addiction and continue Jessie’s legacy by helping prevent senseless substance use disorder deaths in our state.”

A public comment period on the proposed change will take place for 60 days before any changes are implemented.