[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5932 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5932

To amend titles XVIII and XIX of the Social Security Act to provide for 
the improvement of patient safety and to reduce the incidence of injury 
and death from opioid-induced respiratory depression under the Medicare 
                         and Medicaid programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 2021

 Ms. Kuster (for herself and Mr. Emmer) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
    addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To amend titles XVIII and XIX of the Social Security Act to provide for 
the improvement of patient safety and to reduce the incidence of injury 
and death from opioid-induced respiratory depression under the Medicare 
                         and Medicaid programs.

    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 ``Inpatient Opioid Safety Act of 
2021''.

SEC. 2. PREVENTING OPIOID-INDUCED RESPIRATORY DEPRESSION AND DEATHS 
              UNDER THE MEDICARE AND MEDICAID PROGRAMS THROUGH REQUIRED 
              MONITORING.

    (a) Medicare.--Section 1866(a)(1) of the Social Security Act (42 
U.S.C. 1395cc(a)(1)) is amended--
            (1) in subparagraph (X), by striking ``and'' at the end;
            (2) in subparagraph (Y)(ii)(V), by striking the period and 
        inserting ``; and''; and
            (3) by inserting after subparagraph (Y) the following new 
        subparagraph:
            ``(Z) in the case of a hospital or critical access hospital 
        and with respect to an individual who is furnished, on or after 
        July 1, 2022, any opioid (regardless of route of 
        administration) while an inpatient of such hospital or critical 
        access hospital, to furnish to such individual, during the 
        period beginning at the time such opioid is furnished and 
        ending 12 hours later (or, if earlier, the time such individual 
        is discharged), continuous physiologic electronic monitoring 
        through a monitor that--
                    ``(i) measures the adequacy of the respiration of 
                such individual to detect opioid-induced respiratory 
                depression needing intervention;
                    ``(ii) can be configured to manage excess false 
                alarms; and
                    ``(iii) records and transmits information on blood 
                oxygenation or ventilation of such individual,
        unless, before furnishing such opioid, a physician or 
        practitioner (as defined in section 1842(b)(18)(C)) treating 
        such individual determines that such monitoring is 
        contraindicated and records such determination in the treatment 
        records of such individual.''.
    (b) Medicaid.--Section 1902(a) of the Social Security Act (42 
U.S.C. 1396a(a))--
            (1) in paragraph (86), by striking ``and'' at the end;
            (2) in paragraph (87), by striking the period and inserting 
        ``; and''; and
            (3) by inserting after paragraph (87) the following new 
        paragraph:
            ``(88) provide that no hospital is eligible to receive 
        payments under such plan unless such hospital furnishes 
        continuous physiologic electronic monitoring in accordance with 
        the provisions of section 1866(a)(1)(Z).''.
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