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H.R. 5809 (115th): Postoperative Opioid Prevention Act of 2018

The text of the bill below is as of May 15, 2018 (Introduced).



2d Session

H. R. 5809


May 15, 2018

(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


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.


Short title

This Act may be cited as the Postoperative Opioid Prevention Act of 2018.


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—


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


by adding at the end the following new subparagraph:


Eligible non-opioid analgesic defined

In this paragraph, the term eligible non-opioid analgesic means a drug or biological—


that is an analgesic that is not an opioid;


that demonstrated substantial clinical improvement; and


for which payment—


as an outpatient hospital service under this part was not being made as of the date of the enactment of this subparagraph; or


was being made under this paragraph as of such date.