[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5775 Reported in House (RH)]
<DOC>
Union Calendar No. 594
115th CONGRESS
2d Session
H. R. 5775
[Report No. 115-763, Part I]
To amend title XVIII of the Social Security Act to require Medicare
Advantage plans and part D prescription drug plans to include
information on the risks associated with opioids, coverage of certain
nonopioid treatments used to treat pain, and on the safe disposal of
prescription drugs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2018
Mr. Paulsen (for himself, Mr. Poliquin, Mr. Kind, and Mr. Lamb)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committee on Energy and
Commerce, 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
June 19, 2018
Additional sponsors: Mr. Fitzpatrick and Mr. Sam Johnson of Texas
June 19, 2018
Reported from the Committee on Ways and Means with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
June 19, 2018
Committee on Energy and Commerce discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 11,
2018]
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to require Medicare
Advantage plans and part D prescription drug plans to include
information on the risks associated with opioids, coverage of certain
nonopioid treatments used to treat pain, and on the safe disposal of
prescription drugs, 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 ``Providing Reliable Options for
Patients and Educational Resources Act of 2018'' or the ``PROPER Act of
2018''.
SEC. 2. REQUIRING MEDICARE ADVANTAGE PLANS AND PART D PRESCRIPTION DRUG
PLANS TO INCLUDE INFORMATION ON RISKS ASSOCIATED WITH
OPIOIDS AND COVERAGE OF NONPHARMACOLOGICAL THERAPIES AND
NONOPIOID MEDICATIONS OR DEVICES USED TO TREAT PAIN.
Section 1860D-4(a)(1) of the Social Security Act (42 U.S.C. 1395w-
104(a)(1)) is amended--
(1) in subparagraph (A), by inserting ``, subject to
subparagraph (C),'' before ``including'';
(2) in subparagraph (B), by adding at the end the following
new clause:
``(vi) For plan year 2021 and each
subsequent plan year, subject to subparagraph
(C), with respect to the treatment of pain--
``(I) the risks associated with
prolonged opioid use; and
``(II) coverage of
nonpharmacological therapies, devices,
and nonopioid medications--
``(aa) in the case of an
MA-PD plan under part C, under
such plan; and
``(bb) in the case of a
prescription drug plan, under
such plan and under parts A and
B.''; and
(3) by adding at the end the following new subparagraph:
``(C) Targeted provision of information.--A PDP
sponsor of a prescription drug plan may, in lieu of
disclosing the information described in subparagraph
(B)(vi) to each enrollee under the plan, disclose such
information through mail or electronic communications
to a subset of enrollees under the plan, such as
enrollees who have been prescribed an opioid in the
previous two-year period.''.
SEC. 3. REQUIRING MEDICARE ADVANTAGE PLANS AND PRESCRIPTION DRUG PLANS
TO PROVIDE INFORMATION ON THE SAFE DISPOSAL OF
PRESCRIPTION DRUGS.
(a) Medicare Advantage.--Section 1852 of the Social Security Act
(42 U.S.C. 1395w-22) is amended by adding at the end the following new
subsection:
``(n) Provision of Information Relating to the Safe Disposal of
Certain Prescription Drugs.--
``(1) In general.--In the case of an individual enrolled
under an MA or MA-PD plan who is furnished an in-home health
risk assessment on or after January 1, 2021, such plan shall
ensure that such assessment includes information on the safe
disposal of prescription drugs that are controlled substances
that meets the criteria established under paragraph (2). Such
information shall include information on drug takeback programs
that meet such requirements determined appropriate by the
Secretary and information on in-home disposal.
``(2) Criteria.--The Secretary shall, through rulemaking,
establish criteria the Secretary determines appropriate with
respect to information provided to an individual to ensure that
such information sufficiently educates such individual on the
safe disposal of prescription drugs that are controlled
substances.''.
(b) Prescription Drug Plans.--Section 1860D-4(c)(2)(B) of the
Social Security Act (42 U.S.C. 1395w-104(c)(2)(B)) is amended--
(1) by striking ``may include elements that promote'';
(2) by redesignating clauses (i) through (iii) as
subclauses (I) through (III) and adjusting the margins
accordingly;
(3) by inserting before subclause (I), as so redesignated,
the following new clause:
``(i) may include elements that promote--
'';
(4) in subclause (III), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(5) by adding at the end the following new clause:
``(ii) with respect to plan years beginning
on or after January 1, 2021, shall provide
for--
``(I) the provision of information
to the enrollee on the safe disposal of
prescription drugs that are controlled
substances that meets the criteria
established under section 1852(n)(2),
including information on drug takeback
programs that meet such requirements
determined appropriate by the Secretary
and information on in-home disposal;
and
``(II) cost-effective means by
which an enrollee may so safely dispose
of such drugs.''.
SEC. 4. REVISING MEASURES USED UNDER THE HOSPITAL CONSUMER ASSESSMENT
OF HEALTHCARE PROVIDERS AND SYSTEMS SURVEY RELATING TO
PAIN MANAGEMENT.
(a) Restriction on the Use of Pain Questions in HCAHPS.--Section
1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(viii)) is amended by adding at the end the following
new subclause:
``(XII)(aa) With respect to a Hospital Consumer Assessment of
Healthcare Providers and Systems survey (or a successor survey)
conducted on or after January 1, 2019, such survey may not include
questions about communication by hospital staff with an individual
about such individual's pain unless such questions take into account,
as applicable, whether an individual experiencing pain was informed
about risks associated with the use of opioids and about non-opioid
alternatives for the treatment of pain.
``(bb) The Secretary shall not include on the Hospital Compare
Internet website any measures based on the questions appearing on the
Hospital Consumer Assessment of Healthcare Providers and Systems survey
in 2018 about communication by hospital staff with an individual about
such individual's pain.''.
(b) Restriction on Use of 2018 Pain Questions in the Hospital
Value-based Purchasing Program.--Section 1886(o)(2)(B) of the Social
Security Act (42 U.S.C. 1395ww(o)(2)(B)) is amended by adding at the
end the following new clause:
``(iii) HCAHPS pain questions.--The
Secretary may not include under subparagraph
(A) a measure that is based on the questions
appearing on the Hospital Consumer Assessment
of Healthcare Providers and Systems survey in
2018 about communication by hospital staff with
an individual about the individual's pain.''.
Union Calendar No. 594
115th CONGRESS
2d Session
H. R. 5775
[Report No. 115-763, Part I]
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to require Medicare
Advantage plans and part D prescription drug plans to include
information on the risks associated with opioids, coverage of certain
nonopioid treatments used to treat pain, and on the safe disposal of
prescription drugs, and for other purposes.
_______________________________________________________________________
June 19, 2018
Reported from the Committee on Ways and Means with an amendment
June 19, 2018
Committee on Energy and Commerce discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed