[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5590 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5590


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2018

     Received; read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 AN ACT


 
To require the Secretary of Health and Human Services to provide for an 
action plan on recommendations for changes under Medicare and Medicaid 
to prevent opioids addictions and enhance access to medication-assisted 
                   treatment, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Opioid Addiction Action Plan Act''.

SEC. 2. ACTION PLAN ON RECOMMENDATIONS FOR CHANGES UNDER MEDICARE AND 
              MEDICAID TO PREVENT OPIOIDS ADDICTIONS AND ENHANCE ACCESS 
              TO MEDICATION-ASSISTED TREATMENT.

    (a) In General.--Not later than January 1, 2019, the Secretary of 
Health and Human Services (in this section referred to as the 
``Secretary''), in collaboration with the Pain Management Best 
Practices Inter-Agency Task Force convened under section 101(b) of the 
Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198), 
shall develop an action plan that provides recommendations described in 
subsection (b).
    (b) Action Plan Components.--Recommendations described in this 
subsection are, based on an examination by the Secretary of potential 
obstacles to an effective response to the opioid crisis, 
recommendations, as determined appropriate by the Secretary, on the 
following:
            (1) Recommendations on changes to the Medicare program 
        under title XVIII of the Social Security Act and the Medicaid 
        program under title XIX of such Act that would enhance coverage 
        and payment under such programs of all medication-assisted 
        treatment approved by the Food and Drug Administration for the 
        treatment of opioid addiction and other therapies that manage 
        chronic and acute pain and treat and minimize risk of opioid 
        addiction, including recommendations on changes to the Medicare 
        prospective payment system for hospital inpatient department 
        services under section 1886(d) of such Act (42 U.S.C. 
        1395ww(d)) and the Medicare prospective payment system for 
        hospital outpatient department services under section 1833(t) 
        of such Act (42 U.S.C. 1395l(t)) that would allow for separate 
        payment for such therapies, if medically appropriate and if 
        necessary to encourage development and adoption of such 
        therapies.
            (2) Recommendations for payment and service delivery models 
        to be tested by the Center for Medicare and Medicaid Innovation 
        and other federally authorized demonstration projects, 
        including value-based models, that may encourage the use of 
        appropriate medication-assisted treatment approved by the Food 
        and Drug Administration for the treatment of opioid addiction 
        and other therapies that manage chronic and acute pain and 
        treat and minimize risk of opioid addiction.
            (3) Recommendations for data collection that could 
        facilitate research and policy making regarding prevention of 
        opioid addiction and coverage and payment under the Medicare 
        and Medicaid programs of appropriate opioid addiction 
        treatments.
            (4) Recommendations for policies under the Medicare program 
        and under the Medicaid program that can expand access for 
        rural, or medically underserved communities to the full range 
        of medication-assisted treatment approved by the Food and Drug 
        Administration for the treatment of opioid addiction and other 
        therapies that manage chronic and acute pain and treatment and 
        minimize risk of opioid addiction.
            (5) Recommendations on changes to the Medicare program and 
        the Medicaid program to address coverage or payment barriers to 
        patient access to medical devices that are non-opioid based 
        treatments approved by the Food and Drug Administration for the 
        management of acute pain and chronic pain, for monitoring 
        substance use withdrawal and preventing overdoses of controlled 
        substances, and for treating substance use disorder.
    (c) Stakeholder Meetings.--
            (1) In general.--Beginning not later than 3 months after 
        the date of the enactment of this Act, the Secretary shall 
        convene a public stakeholder meeting to solicit public comment 
        on the components of the action plan recommendations described 
        in subsection (b).
            (2) Participants.--Participants of meetings described in 
        paragraph (1) shall include representatives from the Food and 
        Drug Administration and National Institutes of Health, 
        biopharmaceutical industry members, medical researchers, health 
        care providers, the medical device industry, the Medicare 
        program, the Medicaid program, and patient advocates.
    (d) Request for Information.--Not later than 3 months after the 
date of the enactment of this section, the Secretary shall issue a 
request for information seeking public feedback regarding ways in which 
the Centers for Medicare & Medicaid Services can help address the 
opioid crisis through the development of and application of the action 
plan.
    (e) Report to Congress.--Not later than June 1, 2019, the Secretary 
shall submit to Congress, and make public, a report that includes--
            (1) a summary of recommendations that have emerged under 
        the action plan;
            (2) the Secretary's planned next steps with respect to the 
        action plan; and
            (3) an evaluation of price trends for drugs used to reverse 
        opioid overdoses (such as naloxone), including recommendations 
        on ways to lower such prices for consumers.
    (f) Definition of Medication-Assisted Treatment.--In this section, 
the term ``medication-assisted treatment'' includes opioid treatment 
programs, behavioral therapy, and medications to treat substance abuse 
disorder.

            Passed the House of Representatives June 19, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.