[Congressional Record Volume 164, Number 97 (Tuesday, June 12, 2018)]
[House]
[Pages H5064-H5066]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              MEDICARE OPIOID SAFETY EDUCATION ACT OF 2018

  Mr. WALDEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5685) to amend title XVIII of the Social Security Act to 
provide educational resources regarding opioid use and pain management 
as part of the Medicare & You handbook.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5685

       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 ``Medicare Opioid Safety 
     Education Act of 2018''.

     SEC. 2. PROVISION OF INFORMATION REGARDING OPIOID USE AND 
                   PAIN MANAGEMENT AS PART OF MEDICARE & YOU 
                   HANDBOOK.

       (a) In General.--Section 1804 of the Social Security Act 
     (42 U.S.C. 1395b-2) is amended by adding at the end the 
     following new subsection:
       ``(d) The notice provided under subsection (a) shall 
     include--
       ``(1) educational resources, compiled by the Secretary, 
     regarding opioid use and pain management; and
       ``(2) a description of alternative, non-opioid pain 
     management treatments covered under this title.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to notices distributed prior to each Medicare 
     open enrollment period beginning after January 1, 2019.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. Walden) and the gentleman from New Jersey (Mr. Pallone) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. WALDEN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and insert 
extraneous materials in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I commend Representatives Faso, Welch, and Renacci. They 
all worked hard to develop this bipartisan bill, and I thank them for 
their work.
  The Medicare Opioid Safety Education Act directs the Centers for 
Medicare and Medicaid Services to include information about the risk of 
opioid use, potential nonopioid pain management treatments, and other 
relevant information in the Medicare & You handbook that is published 
annually.
  The Medicare programs provide healthcare coverage to over 58 million 
users. We want to empower every person on Medicare to be able to have a 
thoughtful conversation with his or her provider about their 
prescriptions and the possible alternatives. Education is a big part of 
what we are doing here.
  The Medicare & You handbook is provided to every beneficiary and 
represents an education point for those on opioids and those who may, 
in the future, need to have a discussion about pain treatment options 
with their physician.
  We are rightfully seizing upon this opportunity to inform as many 
people as possible and educate them about the long-term opioid use and 
misuse. It is always a good thing to do. It is another tool in the 
toolbox when it comes to beneficiary outreach and education.
  Mr. Speaker, I urge my colleagues to vote ``yes'' on H.R. 5685.


[[Page H5065]]


                                         House of Representatives,


                             Committee on Energy and Commerce,

                                     Washington, DC, June 7, 2018.
     Hon. Kevin Brady,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Chairman Brady: On May 9 and 17, 2018, the Committee 
     on Energy and Commerce ordered favorably reported over 50 
     bills to address the opioid epidemic facing communities 
     across our nation. Several of the bills were also referred to 
     the Committee on Ways and Means.
       I ask that the Committee on Ways and Means not insist on 
     its referral of the following bills so that they may be 
     scheduled for consideration by the Majority Leader:
       H.R. 1925, At-Risk Youth Medicaid Protection Act of 2017;
       H.R. 3331, To amend title XI of the Social Security Act to 
     promote testing of incentive payments for behavioral health 
     providers for adoption and use of certified electronic health 
     record technology;
       H.R. 3528, Every Prescription Conveyed Securely Act;
       H.R. 4841, Standardizing Electronic Prior Authorization for 
     Safe Prescribing Act of 2018;
       H.R. 5582, Abuse Deterrent Access Act of 2018;
       H.R. 5590, Opioid Addiction Action Plan Act;
       H.R. 5603, Access to Telehealth Services for Opioid Use 
     Disorder;
       H.R. 5605, Advancing High Quality Treatment for Opioid Use 
     Disorders in Medicare Act;
       H.R. 5675, To amend title XVIII of the Social Security Act 
     to require prescription drug plan sponsors under the Medicare 
     program to establish drug management programs for at-risk 
     beneficiaries;
       H.R. 5684, Protecting Seniors from Opioid Abuse Act;
       H.R. 5685, Medicare Opioid Safety Education Act;
       H.R. 5686, Medicare Clear Health Options in Care for 
     Enrollees (CHOICE) Act;
       H.R. 5715, Strengthening Partnerships to Prevent Opioid 
     Abuse Act;
       H.R. 5716, Commit to Opioid Medical Prescriber 
     Accountability and Safety for Seniors (COMPASS) Act;
       H.R. 5796, Responsible Education Achieves Care and Healthy 
     Outcomes for Users' Treatment (REACH OUT) Act of 2018;
       H.R. 5798, Opioid Screening and Chronic Pain Management 
     Alternatives for Seniors Act;
       H.R. 5804, Post-Surgical Injections as an Opioid 
     Alternative Act; and
       H.R. 5809, Postoperative Opioid Prevention Act of 2018.
       This concession in no way affects your jurisdiction over 
     the subject matter of these bills, and it will not serve as 
     precedent for future referrals. In addition, should a 
     conference on the bills be necessary, I would support your 
     request to have the Committee on Ways and Means on the 
     conference committee. Finally, I would be pleased to include 
     this letter and your response in the bill reports and the 
     Congressional Record.
       Thank you for your consideration of my request and for the 
     extraordinary cooperation shown by you and your staff over 
     matters of shared jurisdiction. I look forward to further 
     opportunities to work with you this Congress.
           Sincerely,
                                                      Greg Walden,
     Chairman.
                                  ____

                                         House of Representatives,


                                  Committee on Ways and Means,

                                     Washington, DC, June 8, 2018.
     Hon. Greg Walden,
     Chairman, Committee on Energy and Commerce,
     Washington, DC.
       Dear Chairman Walden: Thank you for your letter concerning 
     several bills favorably reported out of the Committee on 
     Energy and Commerce to address the opioid epidemic and which 
     the Committee on Ways and Means was granted an additional 
     referral.
       As a result of your having consulted with us on provisions 
     within these bills that fall within the Rule X jurisdiction 
     of the Committee on Ways and Means, I agree to waive formal 
     consideration of the following bills so that they may move 
     expeditiously to the floor:
       H.R. 1925, At-Risk Youth Medicaid Protection Act of 2017;
       H.R. 3331, To amend title XI of the Social Security Act to 
     promote testing of incentive payments for behavioral health 
     providers for adoption and use of certified electronic health 
     record technology;
       H.R. 3528, Every Prescription Conveyed Securely Act;
       H.R. 4841, Standardizing Electronic Prior Authorization for 
     Safe Prescribing Act of 2018;
       H.R. 5582, Abuse Deterrent Access Act of 2018;
       H.R. 5590, Opioid Addiction Action Plan Act;
       H.R. 5603, Access to Telehealth Services for Opioid Use 
     Disorder;
       H.R. 5605, Advancing High Quality Treatment for Opioid Use 
     Disorders in Medicare Act;
       H.R. 5675, To amend title XVIII of the Social Security Act 
     to require prescription drug plan sponsors under the Medicare 
     program to establish drug management programs for at-risk 
     beneficiaries;
       H.R. 5684, Protecting Seniors from Opioid Abuse Act;
       H.R. 5685, Medicare Opioid Safety Education Act;
       H.R. 5686, Medicare Clear Health Options in Care for 
     Enrollees (CHOICE) Act;
       H.R. 5715, Strengthening Partnerships to Prevent Opioid 
     Abuse Act;
       H.R. 5716, Commit to Opioid Medical Prescriber 
     Accountability and Safety for Seniors (COMPASS) Act;
       H.R. 5796, Responsible Education Achieves Care and Healthy 
     Outcomes for Users' Treatment (REACH OUT) Act of 2018;
       H.R. 5798, Opioid Screening and Chronic Pain Management 
     Alternatives for Seniors Act;
       H.R. 5804, Post-Surgical Injections as an Opioid 
     Alternative Act; and
       H.R. 5809, Postoperative Opioid Prevention Act of 2018.
       The Committee on Ways and Means takes this action with the 
     mutual understanding that we do not waive any jurisdiction 
     over the subject matter contained in this or similar 
     legislation, and the Committee will be appropriately 
     consulted and involved as the bill or similar legislation 
     moves forward so that we may address any remaining issues 
     that fall within our jurisdiction. The Committee also 
     reserves the right to seek appointment of an appropriate 
     number of conferees to any House-Senate conference involving 
     this or similar legislation and requests your support for 
     such a request.
       Finally, I would appreciate your commitment to include this 
     exchange of letters in the bill reports and the Congressional 
     Record.
           Sincerely,
                                                      Kevin Brady,
                                                         Chairman.
  Mr. WALDEN. Mr. Speaker, I yield as much time as he may consume to 
the gentleman from New York (Mr. Faso), a very capable and able 
legislator. This is his legislation, in part, and he has been a real 
leader in this overall effort, and certainly on this piece of 
legislation.
  Mr. FASO. Mr. Speaker, I thank Chairman Walden for all of his 
leadership and Ranking Member Pallone for the leadership, on a 
bipartisan basis, for bringing all these bills to the floor today.
  Mr. Speaker, I rise today in support of my legislation, H.R. 5685, 
the Medicare Opioid Safety Education Act. When enacted, this bill will 
help to combat the opioid crisis by improving efforts to educate 
seniors on alternatives to traditional opioid pain medication as they 
use it through the Medicare part D program.
  Nearly one-third of seniors on Medicare part D were prescribed an 
opioid in 2016--nearly one-third of seniors prescribed an opioid on 
Medicare part D in 2016. That statistic underlines just how pervasive 
opioid painkillers are among seniors who are often dealing with issues 
stemming from chronic pain.
  Seniors are given an informational booklet entitled ``Medicare & 
You'' prior to becoming Medicare eligible that details the services 
available to them upon enrollment. Currently, the word ``opioid'' 
actually only appears once in this booklet, and, given the national 
crisis that we are facing of opioid addiction among all segments of our 
society, that is really not enough. My bill would substantially improve 
Medicare opioid education by adding available opioid alternatives and 
additional education information to this handbook for every senior to 
see.
  Mr. Speaker, I thank Chairman Walden for all of his hard work on this 
important issue and for working with us on bringing this legislation to 
the floor today. I urge all of my colleagues to support this important 
legislation.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5685, sponsored by 
Representatives  John Faso and Peter Welch. I commend my colleagues for 
their work on this important bill.
  We know that opioid abuse and misuse is a significant and growing 
problem in the Medicare population. We know that we need to do more, 
not only to bring down opioid prescribing, but to make seniors aware of 
the dangers of opioid addiction and the existence of alternatives.

                              {time}  1730

  H.R. 5685 would add educational resources regarding opioid use and 
nonopioid pain management alternatives to the ``Medicare & You'' 
handbook, which is mailed to all Medicare households each fall.
  While this is an important bill, I want to underscore that it is 
incremental and it is limited. I want to reiterate my continuing 
concern that

[[Page H5066]]

while Democrats support working on a legislative package to address the 
opioid crisis, we must first assure that we do no harm.
  The Trump administration and Congressional Republicans' efforts to 
dismantle the Affordable Care Act would do serious harm to our 
healthcare system, and to individuals suffering from opioid use 
disorders specifically.
  For instance, the Trump administration continues to undermine the 
individual market by promoting junk insurance plans, such as short-term 
limited duration health plans. These plans, which would be medically 
underwritten and would exclude individuals with preexisting conditions, 
would make coverage in the Affordable Care Act compliant market much 
more expensive. This would make coverage for individuals who need 
comprehensive coverage, such as individuals with opioid use disorders, 
less affordable and accessible.
  The opioids package cannot be considered in a vacuum. Make no 
mistake, ongoing Republican efforts to sabotage the Affordable Care Act 
could not only reverse any gains we may make from these efforts today, 
but will inflict broad, lasting harm to our healthcare system and to 
our ability to fight the opioid crisis.
  Mr. Speaker, I have no additional speakers. I ask my colleagues to 
support this bill, and I yield back the balance of my time.
  Mr. WALDEN. Mr. Speaker, I urge my colleagues to support this very 
important and bipartisan legislation, and I yield back the balance of 
my time.
  The SPEAKER pro tempore (Mr. Carter of Georgia). The question is on 
the motion offered by the gentleman from Oregon (Mr. Walden) that the 
House suspend the rules and pass the bill, H.R. 5685.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________