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But the federal government is still stuck on whether to remove the plant from Schedule I of the federal drug code — a category reserved for highly addictive substances with no medical benefit.
Congress has a track record of stepping in to cancel cuts made by CMS, doing so for the last few years for physicians paid under the Medicare Physician Fee Schedule.
legislation to address growing mental health and substance use needs this year as deadlines approach, but the issue is competing for attention with other national priorities in a compressed election-year schedule
The bill would extend fentanyl’s status as a so-called “Schedule 1” drug until Jan. 28, 2022. Under current law, the drug would lose its status as a drug with a high risk for abuse on Oct. 22.
One factor that could drive change is that Congress scheduled specific year-by-year volumes for the RFS, but that schedule only runs through 2022.