I 

116TH CONGRESS 

1ST SESSION H. R. 5242 

To amend title XIX of the Social Security Act to prohibit the Secretary 

of Health and Human Services from treating any Medicaid-related funds 

recovered from one or more pharmaceutical companies or drug distributors with respect to opioid litigation as an overpayment under such 

title, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2019 

Mr. MCKINLEY (for himself and Ms. KAPTUR) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to prohibit 

the Secretary of Health and Human Services from treating any Medicaid-related funds recovered from one or 

more pharmaceutical companies or drug distributors with 

respect to opioid litigation as an overpayment under such 

title, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Opioid Settlement Ac5 countability Act’’. 


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1 SEC. 2. PROHIBITION ON TREATING ANY MEDICAID-RE2 LATED FUNDS RECOVERED FROM ONE OR 

3 MORE PHARMACEUTICAL COMPANIES OR 

4 DRUG DISTRIBUTORS WITH RESPECT TO 

5 OPIOID LITIGATION AS AN OVERPAYMENT. 

6 (a) IN GENERAL.—Section 1903(d)(3) of the Social 

7 Security Act (42 U.S.C. 1396(d)(3)) is amended by add8 ing at the end the following new subparagraph: 

9 ‘‘(C)(i) Subparagraph (A) and paragraph (2)(B) may 

10 not apply to any amount recovered or paid to a State on 

11 or after December 31, 2023, as a part of a comprehensive 

12 settlement of opioid litigation between pharmaceutical 

13 manufacturers (as defined in the second sentence of sec14 tion 102(15) of the Controlled Substances Act) or drug 

15 distributors (as defined in the second sentence of section 

16 102(12) of such Act) and State attorneys general, or as 

17 a part of any individual State settlement or judgement 

18 reached in such litigation initiated or pursued by a State 

19 against one or more such companies or distributors. 

20 ‘‘(ii) A State shall use amounts recovered or paid to 

21 the State as a part of comprehensive or individual settle22 ment, or a judgement, described in clause (i) for— 

23 ‘‘(I) supporting access to treatment (including 

24 medication assisted treatment) and health care serv25 ices (including services provided by Federally cer26 tified opioid treatment programs or other approVerDate Sep 11 2014 03:11 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5242.IH H5242

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1 priate health care providers to treat individuals with 

2 opioid use disorder and subsequent support and 

3 wrap around services that encourage employment 

4 and reintegration to society); 

5 ‘‘(II) education related to opioid use disorder; 

6 ‘‘(III) implementing prevention activities, in7 cluding the reduction of the furnishing of opioids by 

8 health care practitioners and introduction of non9 opioid pain management approaches; 

10 ‘‘(IV) training for health care practitioners with 

11 respect to best practices for prescribing opioids, pain 

12 management, educating patients of the risk of opioid 

13 use to treat chronic and acute conditions, recog14 nizing potential cases of substance abuse, referral of 

15 patients to treatment programs, and overdose pre16 vention; 

17 ‘‘(V) supporting State and Federal law enforce18 ment actions and first responder capital equipment 

19 relating to the illegal distribution of opioids and 

20 opioid analogues; and 

21 ‘‘(VI) any other public health-related activities 

22 and social support services (including housing, em23 ployment, child-well being, criminal justice, and 

24 emergency management) relating to addressing the 


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1 opioid abuse crisis within such State, as such State 

2 determines appropriate; and 

3 evaluating at least one of the activities described in this 

4 clause to identify effective strategies to prevent opioid 

5 abuse and substance abuse disorders.’’. 

6 (b) RETROACTIVE EFFECTIVE DATE.—The amend7 ment made by this section shall take effect as if enacted 

8 on January 1, 2019. 

Æ 


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