[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5809 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5809

To amend title XVIII of the Social Security Act to encourage the use of 
 non-opioid analgesics for the management of post-surgical pain under 
             the Medicare program, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2018

Mr. Peters (for himself and Mr. Bucshon) 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 XVIII of the Social Security Act to encourage the use of 
 non-opioid analgesics for the management of post-surgical pain under 
             the Medicare program, 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 ``Postoperative Opioid Prevention Act 
of 2018''.

SEC. 2. MEDICARE INCENTIVES FOR USE OF NON-OPIOID ANALGESICS IN 
              HOSPITAL OUTPATIENT DEPARTMENTS AND AMBULATORY SURGICAL 
              CENTERS.

    Section 1833(t)(6) of the Social Security Act (42 U.S.C. 
1395l(t)(6)) is amended--
            (1) in subparagraph (C)(i), by inserting ``or, in the case 
        of an eligible non-opioid analgesic (as defined in subparagraph 
        (J)), during a period of 5 years,'' after ``3 years,''; and
            (2) by adding at the end the following new subparagraph:
                    ``(J) Eligible non-opioid analgesic defined.--In 
                this paragraph, the term `eligible non-opioid 
                analgesic' means a drug or biological--
                            ``(i) that is an analgesic that is not an 
                        opioid;
                            ``(ii) that demonstrated substantial 
                        clinical improvement; and
                            ``(iii) for which payment--
                                    ``(I) as an outpatient hospital 
                                service under this part was not being 
                                made as of the date of the enactment of 
                                this subparagraph; or
                                    ``(II) was being made under this 
                                paragraph as of such date.''.
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