[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8908 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8908

 To amend title XI of the Social Security Act to require the Inspector 
General of the Department of Health and Human Services to review a safe 
    harbor under the anti-kickback statute for certain contingency 
           management interventions, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2022

Mr. Estes (for himself and Mr. Panetta) 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

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                                 A BILL


 
 To amend title XI of the Social Security Act to require the Inspector 
General of the Department of Health and Human Services to review a safe 
    harbor under the anti-kickback statute for certain contingency 
           management interventions, 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 ``Fighting Stimulant and other 
Substance Use Disorders Act''.

SEC. 2. REVIEW OF SAFE HARBOR UNDER THE ANTI-KICKBACK STATUTE FOR 
              CERTAIN CONTINGENCY MANAGEMENT INTERVENTIONS.

    (a) In General.--Section 1128D(a) of the Social Security Act (42 
U.S.C. 1320a-7d(a)) is amended by adding at the end the following new 
paragraph:
            ``(3) Review of safe harbor for certain contingency 
        management interventions.--
                    ``(A) In general.--Pursuant to the final rule 
                titled `Medicare and State Health Care Programs: Fraud 
                and Abuse; Revisions to Safe Harbors Under the Anti-
                Kickback Statute, and Civil Monetary Penalty Rules 
                Regarding Beneficiary Inducements' and published in the 
                Federal Register on December 2, 2020 (85 Fed. Reg. 
                77684), not later than one year after the date of the 
                enactment of this paragraph, the Inspector General of 
                the Department of Health and Human Services shall 
                conduct a review on whether to establish a safe harbor 
                described in paragraph (1)(A)(ii) for evidence-based 
                contingency management incentives and the parameters 
                for such a safe harbor. In conducting the review under 
                the previous sentence, the Secretary shall consider the 
                extent to which providing such a safe harbor for 
                evidence-based contingency management incentives may 
                result in any of the factors described in paragraph 
                (2).
                    ``(i) Report.--Not later than two years after the 
                date of the enactment of this paragraph, the Secretary 
                and the Inspector General of the Department of Health 
                and Human Services shall submit to Congress 
                recommendations, including based on the review 
                conducted under subparagraph (A), for improving access 
                to evidence-based contingency management interventions 
                while ensuring quality of care, ensuring fidelity to 
                evidence-based practices, and including strong program 
                integrity safeguards that prevent increased waste, 
                fraud, and abuse and prevent medically unnecessary or 
                inappropriate items or services reimbursed in whole or 
                in part by a Federal health care program.''.
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