I 

116TH CONGRESS 

2D SESSION H. R. 7701 

To establish programs related to prevention of prescription opioid misuse, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 21, 2020 

Mr. CARTWRIGHT introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committees 

on the Judiciary, Education and Labor, and 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 

A BILL 

To establish programs related to prevention of prescription 

opioid misuse, 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 ‘‘Addiction Prevention 

5 and Responsible Opioid Practices Act’’. 


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1 SEC. 2. FEDERAL LICENSURE OF PHARMACEUTICAL REP2 RESENTATIVES WHO PROMOTE CERTAIN 

3 OPIOIDS. 

4 Subchapter E of chapter V of the Federal Food, 

5 Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.) is 

6 amended by adding at the end the following: 

7 ‘‘SEC. 569E. FEDERAL LICENSURE OF PHARMACEUTICAL 

8 REPRESENTATIVES WHO PROMOTE CERTAIN 

9 OPIOIDS. 

10 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

11 with the Attorney General, shall establish a licensure pro12 gram for pharmaceutical representatives described in sub13 section (b). 

14 ‘‘(b) LICENSURE PROGRAM.— 

15 ‘‘(1) REQUIREMENT.—Beginning on July 1, 

16 2021, no individual described in paragraph (2) may 

17 engage in the marketing or promoting of opioid 

18 drugs unless such individual is licensed under this 

19 section. 

20 ‘‘(2) INDIVIDUALS REQUIRED TO OBTAIN LI21 CENSURE.—An individual required to obtain a li22 cense under this section is any individual who, on 

23 behalf of a drug manufacturer, engaged, on more 

24 than 15 days in a calendar year, in the marketing 

25 or promotion to health care professionals, including 

26 educational or sales communications, meetings or 


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1 paid events, and the provision of goods, gifts, and 

2 samples, of any opioid drug (other than methadone) 

3 that is listed in schedule II of section 202(c) of the 

4 Controlled Substances Act. 

5 ‘‘(3) LICENSURE PERIOD.—Each license issued 

6 under this section shall be valid for 3 years, and 

7 may be renewed for additional 3-year periods. 

8 ‘‘(c) REQUIREMENTS.—An individual required to ob9 tain a license under this section shall— 

10 ‘‘(1) submit to the Secretary, at such time and 

11 in such manner as the Secretary may require— 

12 ‘‘(A) such information as the Secretary 

13 may require; and 

14 ‘‘(B) a registration fee in the amount of 

15 $3,000; 

16 ‘‘(2) certify that such individual has completed 

17 training on ethics, pharmaceutical marketing regula18 tions, the ‘CDC Guidelines for Prescribing Opioids 

19 for Chronic Pain’, published by the Centers for Dis20 ease Control and Prevention in 2016 (or any suc21 cessor document) or the ‘FDA Blueprint for Pre22 scriber Education for Extended-Release and Long23 Acting Opioid Analgesics’, and applicable Federal 

24 laws pertaining to drug marketing, labeling, and 

25 clinical trials, as the Secretary may require; 


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1 ‘‘(3) certify that such individual will not engage 

2 in any illegal, fraudulent, misleading, or other decep3 tive marketing of schedule II opioid drugs; and 

4 ‘‘(4) file with the Secretary annual reports dis5 closing the names of providers visited and any drug 

6 samples or gifts such individual gives any such pro7 vider. 

8 ‘‘(d) MANUFACTURER REPORTING REQUIRE9 MENTS.—The manufacturer who employs or contracts 

10 with any individual required to obtain a license under this 

11 section shall include in reports required under section 

12 1128G of the Social Security Act the name of each such 

13 licensed individual that provides payments or other trans14 fers of value required to be reported under such section 

15 1128G that relates to an opioid drug that is listed in 

16 schedule II of the Controlled Substances Act.’’. 

17 SEC. 3. WITHDRAWAL OF APPROVAL OF CERTAIN OPIOIDS. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, any ultra-high-dose opioid shall be considered 

20 a drug that presents an imminent hazard to the public 

21 health within the meaning of section 505(e) of the Federal 

22 Food, Drug, and Cosmetic Act (21 U.S.C. 355(e)), and 

23 the Secretary of Health and Human Services shall sus24 pend the approval of such drug, in accordance with such 

25 section 505(e). 


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1 (b) DEFINITION.—In this section, the term ‘‘ultra2 high-dose opioid’’ means an opioid drug for which the 

3 daily dosage provided for in the approved label exceeds 

4 the morphine milligram equivalents per day outlined in the 

5 report entitled ‘‘CDC Guidelines for Prescribing Opioids 

6 for Chronic Pain’’, published by the Centers for Disease 

7 Control and Prevention in 2016 (or any successor docu8 ment). 

9 SEC. 4. CONTINUING MEDICAL EDUCATION AND PRESCRIP10 TION DRUG MONITORING PROGRAM REG11 ISTRATION FOR PRESCRIBERS. 

12 Section 303 of the Controlled Substances Act (21 

13 U.S.C. 823) is amended— 

14 (1) by redesignating subsection (k) as sub15 section (l); and 

16 (2) by inserting after subsection (j) the fol17 lowing: 

18 ‘‘(k)(1) The Attorney General shall not register, or 

19 renew the registration of, a practitioner under subsection 

20 (f) who is licensed under State law to prescribe controlled 

21 substances in schedule II, III, or IV, unless the practi22 tioner submits to the Attorney General, for each such reg23 istration or renewal request, a written certification that— 

24 ‘‘(A)(i) the practitioner has, during the 1-year 

25 period preceding the registration or renewal request, 


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1 completed a training program described in para2 graph (2); or 

3 ‘‘(ii) the practitioner, during the applicable reg4 istration period, will not prescribe such controlled 

5 substances in amounts in excess of a 72-hour supply 

6 (for which no refill is available); and 

7 ‘‘(B) the practitioner has registered with the 

8 prescription drug monitoring program of the State 

9 in which the practitioner practices, if the State has 

10 such program. 

11 ‘‘(2) A training program described in this paragraph 

12 is a training program that— 

13 ‘‘(A) follows the best practices for pain manage14 ment, as described in the ‘Guideline for Prescribing 

15 Opioids for Chronic Pain’ as published by the Cen16 ters for Disease Control and Prevention in 2016, or 

17 any successor thereto, or the ‘FDA Blueprint for 

18 Prescriber Education for Extended-Release and 

19 Long-Acting Opioid Analgesics’ as published by the 

20 Food and Drug Administration in 2017, or any suc21 cessor thereto; 

22 ‘‘(B) includes information on— 

23 ‘‘(i) recommending non-opioid and non24 pharmacological therapy; 


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1 ‘‘(ii) establishing treatment goals and eval2 uating patient risks; 

3 ‘‘(iii) prescribing the lowest dose and few4 est number of pills considered effective; 

5 ‘‘(iv) addictive and overdose risks of 

6 opioids; 

7 ‘‘(v) diagnosing and managing substance 

8 use disorders, including linking patients to evi9 dence-based treatment; 

10 ‘‘(vi) identifying narcotics-seeking behav11 iors; and 

12 ‘‘(vii) using prescription drug monitoring 

13 programs; and 

14 ‘‘(C) is approved by the Secretary.’’. 

15 SEC. 5. REPORT ON PRESCRIBER EDUCATION COURSES 

16 FOR MEDICAL AND DENTAL STUDENTS. 

17 Each school of medicine, school of osteopathic medi18 cine, and school of dentistry participating in a program 

19 under title IV of the Higher Education Act of 1965 (20 

20 U.S.C. 1070a et seq.), as a condition for such participa21 tion, shall submit an annual report to the Secretary of 

22 Education and the Secretary of Health and Human Serv23 ices on any prescriber education courses focused specifi24 cally on pain management and responsible opioid pre25 scribing practices that such school requires students to 


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1 take, and whether such courses are consistent with the 

2 most recently published version of the ‘‘Guideline for Pre3 scribing Opioids for Chronic Pain’’ of the Centers for Dis4 ease Control and Prevention or the ‘‘FDA Blueprint for 

5 Prescriber Education for Extended-Release and Long-Act6 ing Opioid Analgesics’’, as published by the Food and 

7 Drug Administration in 2017. The Secretary of Education 

8 and the Secretary of Health and Human Services shall 

9 compile the reports submitted by such schools and submit 

10 an annual summary of such reports to Congress. 

11 SEC. 6. REQUIREMENTS UNDER PRESCRIPTION DRUG MON12 ITORING PROGRAMS. 

13 (a) IN GENERAL.—Beginning 1 year after the date 

14 of enactment of this Act, each State that receives funding 

15 under any of the programs described in subsection (c) 

16 shall— 

17 (1) require practitioners, or their designees, in 

18 the State to consult the database of the prescription 

19 drug monitoring program before writing prescrip20 tions for controlled substances (as such term is de21 fined in section 102 of the Controlled Substances 

22 Act (21 U.S.C. 802)) in schedule II, III, or IV 

23 under section 202 of such Act (21 U.S.C. 812); 

24 (2) require dispensers of controlled substances 

25 in schedule II, III, or IV, or their designees, to input 


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1 data into the database of the prescription drug mon2 itoring program within 24 hours of filling a quali3 fying prescription, as required by the Attorney Gen4 eral and the Secretary of Health and Human Serv5 ices, including patient identifier information, the na6 tional drug code of the dispensed drug, date of dis7 pensing the drug, quantity and dosage of the drug 

8 dispensed, form of payment, Drug Enforcement Ad9 ministration registration number of the practitioner, 

10 Drug Enforcement Administration registration num11 ber of the dispenser; 

12 (3) allow practitioners and dispensers to des13 ignate other appropriate individuals to act as agents 

14 of such practitioners and dispensers for purposes of 

15 obtaining and inputing data from the database for 

16 purposes of complying with paragraphs (1) and (2), 

17 as applicable; 

18 (4) provide informational materials for practi19 tioners and dispensers to identify and refer patients 

20 with possible substance use disorders to professional 

21 treatment specialists; 

22 (5) establish formal data sharing agreements to 

23 foster electronic connectivity with the prescription 

24 drug monitoring programs of each State (if such 

25 State has such a program) with which the State 


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1 shares a border, to facilitate the exchange of infor2 mation through an established technology architec3 ture that ensures common data standards, privacy 

4 protection, and secure and streamlined information 

5 sharing; 

6 (6) authorize direct access to the State’s data7 base of the prescription drug monitoring program to 

8 all State law enforcement agencies, State boards re9 sponsible for the licensure, regulation, or discipline 

10 of practitioners, pharmacists, or other persons au11 thorized to prescribe, administer, or dispense con12 trolled substances; and 

13 (7) in order to enhance accountability in pre14 scribing and dispensing patterns, not fewer than 4 

15 times per year, proactively provide informational re16 ports on aggregate trends and individual outliers, 

17 based on information available through the State 

18 prescription drug monitoring program to— 

19 (A) the State entities and persons de20 scribed in paragraph (6); and 

21 (B) the Medicaid agency and the depart22 ment of public health of the State. 

23 (b) TRANSPARENCY IN PRESCRIBING PRACTICES AND

24 INTERVENTION FOR HIGH PRESCRIBERS.— 


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1 (1) STATE REPORTING REQUIREMENT.—Each 

2 State that receives funding under any of the pro3 grams described in subsection (c) shall, twice per 

4 year, submit to the Secretary of Health and Human 

5 Services and the Administrator of the Drug Enforce6 ment Administration— 

7 (A) a list of all practitioners and dis8 pensers who, in the applicable reporting period, 

9 have prescribed or dispensed schedule II, III, or 

10 IV opioids in the State; 

11 (B) the amount of schedule II, III, or IV 

12 opioids that were prescribed and dispensed by 

13 each individual practitioner and dispenser de14 scribed in subparagraph (A); and 

15 (C) any additional information that the 

16 Secretary and Administrator may require to 

17 support surveillance and evaluation of trends in 

18 prescribing or dispensing of schedule II, III, or 

19 IV opioids, or to identify possible non-medical 

20 use and diversion of such substances. 

21 (2) ANNUAL REPORT.—Not later than 1 year 

22 after the date of enactment of this Act, and annually 

23 thereafter, the Secretary of Health and Human 

24 Services, in consultation with the Administrator of 

25 the Drug Enforcement Administration, the Secretary 


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1 of Defense, the Secretary of Veterans Affairs, and 

2 the Director of the Indian Health Service, shall sub3 mit to Congress, and make public, a report identi4 fying outliers among the medical specialties and geo5 graphic areas with the highest rates of opioid pre6 scribing in the Nation, by zip code. 

7 (3) DEVELOPMENT OF ACTION PLAN.— 

8 (A) INITIAL PLAN.—Not later than 1 year 

9 after the date of enactment of this Act, the Sec10 retary of Health and Human Services, in con11 sultation with the Administrator of the Drug 

12 Enforcement Administration, the Secretary of 

13 Defense, the Secretary of Veterans Affairs, and 

14 the Director of the Indian Health Service, shall 

15 submit to Congress a plan of action, including 

16 warning letters and enforcement mechanisms, 

17 for addressing outliers in opioid prescribing 

18 practices and ensuring an adequate Federal re19 sponse to protect the public health. 

20 (B) UPDATED PLAN.—The Secretary of 

21 Health and Human Services shall submit to 

22 Congress updates to the plan of action de23 scribed in subparagraph (A), as such Secretary, 

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1 scribed in such subparagraph, determines ap2 propriate. 

3 (c) PROGRAMS DESCRIBED.—The programs de4 scribed in this subsection are— 

5 (1) the Harold Rogers Prescription Drug Moni6 toring Program established under the Departments 

7 of Commerce, Justice, and State, the Judiciary, and 

8 Related Agencies Appropriations Act, 2002 (Public 

9 Law 107–77; 115 Stat. 748); 

10 (2) the controlled substance monitoring pro11 gram under section 399O of the Public Health Serv12 ice Act (42 U.S.C. 280g–3); 

13 (3) the Prescription Drug Overdose: Prevention 

14 for States program of the Centers for Disease Con15 trol and Prevention; 

16 (4) the Prescription Drug Overdose: Data-Driv17 en Prevention Initiative of Centers for Disease Con18 trol and Prevention; 

19 (5) the Enhanced State Opioid Overdose Sur20 veillance program of the Centers for Disease Control 

21 and Prevention; 

22 (6) the opioid grant program under section 

23 1003 of the 21st Century Cures Act (Public Law 

24 114–255); and 


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1 (7) the State Opioid Response Grant program 

2 described under the heading ‘‘SUBSTANCE ABUSE

3 TREATMENT’’ under the heading ‘‘SUBSTANCE

4 ABUSE AND MENTAL HEALTH SERVICES ADMINIS5 TRATION’’ of title II of division A of the Further 

6 Consolidated Appropriations Act, 2020 (Public Law 

7 116–94). 

8 (d) DEFINITIONS.—In this section, the terms ‘‘dis9 penser’’ and ‘‘practitioner’’ have the meanings given such 

10 terms in section 102 of the Controlled Substances Act (21 

11 U.S.C. 802). 

12 SEC. 7. INTEROPERABILITY OF CERTIFIED HEALTH INFOR13 MATION TECHNOLOGY. 

14 Section 3001(c)(5) of the Public Health Service Act 

15 (42 U.S.C. 300jj–11(c)(5)) is amended by adding at the 

16 end the following: 

17 ‘‘(F) INTEROPERABILITY.—Beginning on 

18 January 1, 2021, the National Coordinator 

19 shall not certify electronic health records as 

20 health information technology that is in compli21 ance with applicable certification criteria under 

22 this paragraph unless such technology is inter23 operable with the prescription drug monitoring 

24 programs of each State that, at the time of the 


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1 request for such certification, has such a pro2 gram.’’. 

3 SEC. 8. STUDIES RELATED TO OVERDOSE DISCHARGE AND 

4 FOLLOW-UP POLICIES. 

5 (a) STUDY.—Not later than January 1, 2021, the 

6 Secretary of Health and Human Services shall— 

7 (1) conduct a study on the scope and cir8 cumstances of non-fatal opioid overdoses, the policies 

9 and procedures that States, health care systems, and 

10 first responders have implemented; and 

11 (2) in partnership with stakeholder organiza12 tions with subject matter expertise, establish guide13 lines for hospital procedures following non-fatal 

14 opioid overdose and the administration of overdose 

15 reversal medication. 

16 (b) STUDY AND DEVELOPMENT OF QUALITY MEAS17 URES UNDER MEDICARE RELATED TO OPIOID ABUSE

18 AND SUBSTANCE USE DISORDER.—Section 1890A(e) of 

19 the Social Security Act (42 U.S.C. 1395aaa–1(e)) is 

20 amended— 

21 (1) by striking ‘‘MEASURES.—The Adminis22 trator’’ and inserting ‘‘MEASURES.— 

23 ‘‘(1) IN GENERAL.—The Administrator’’; and 

24 (2) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(2) STUDY AND DEVELOPMENT OF QUALITY

2 MEASURES RELATED TO OPIOID ABUSE AND SUB3 STANCE USE DISORDER.—Beginning not later than 

4 1 year after the date of enactment of this para5 graph, the Administrator of the Center for Medicare 

6 & Medicaid Services shall study, and through con7 tracts develop, in coordination with appropriate sub8 ject matter organizations (such as the entity with a 

9 contract under section 1890), for use under this Act, 

10 quality measures related to standards of care for 

11 treating individuals with non-fatal opioid overdose, 

12 discharge procedures, and linkages to appropriate 

13 substance use disorder treatment and community 

14 support services.’’. 

15 SEC. 9. MEDICAID OPIOID DRUG MAPPING TOOL. 

16 (a) IN GENERAL.—The Secretary of Health and 

17 Human Services shall create an interactive opioid drug 

18 mapping tool, which shall be made publicly available on 

19 the internet website of the Centers for Medicare & Med20 icaid Services, showing prescribing practices of providers 

21 that participate in State Medicaid programs and geo22 graphic comparisons, at the State, county, and ZIP code 

23 levels, of de-identified opioid prescription claims made 

24 under State Medicaid programs under title XIX of the So25 cial Security Act (42 U.S.C. 1396 et seq.). 


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1 (b) COLLECTION OF DATA FROM STATES.—The Sec2 retary of Health and Human Services may request from 

3 States such data as the Secretary determines necessary 

4 to create the opioid mapping tool described in subsection 

5 (a). 

6 SEC. 10. NATIONAL ACADEMIES STUDY. 

7 (a) STUDY.—The Secretary of Health and Human 

8 Services shall enter into a contract with the National 

9 Academies of Science, Engineering, and Medicine (re10 ferred to in this section as the ‘‘National Academies’’) to 

11 carry out a study on the addition of coverage under the 

12 Medicare program under title XVIII of the Social Security 

13 Act of alternative treatment modalities (such as integra14 tive medicine, including acupuncture and exercise therapy, 

15 neural stimulation, biofeedback, radiofrequency ablation, 

16 and trigger point injections) furnished to Medicare bene17 ficiaries who suffer from acute or chronic lower back pain. 

18 Such study shall, pursuant to the contract under this 

19 paragraph, include an analysis of— 

20 (1) scientific research on the short-term and 

21 long-term impact of the addition of such coverage on 

22 clinical efficacy for pain management of such bene23 ficiaries; 


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1 (2) whether the lack of Medicare coverage for 

2 alternative treatment modalities impacts the volume 

3 of opioids prescribed for beneficiaries; and 

4 (3) the cost to the Medicare program of the ad5 dition of such coverage to treat pain and mitigate 

6 the progression of chronic pain, as weighed against 

7 the cost of opioid use disorder, overdose, readmis8 sion, subsequent surgeries, and utilization and ex9 penditures under parts B and D of such title. 

10 (b) REPORT.—Not later than 1 year after the date 

11 of enactment of this Act, pursuant to the contract under 

12 subsection (a), the National Academies shall submit to 

13 Congress a report on the study under subsection (a). 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry 

15 out this section, there are authorized to be appropriated 

16 such sums as may be necessary. 

17 SEC. 11. EXCISE TAX ON OPIOID PAIN RELIEVERS. 

18 (a) IN GENERAL.—Subchapter E of chapter 32 of the 

19 Internal Revenue Code of 1986 is amended by adding at 

20 the end the following new section: 

21 ‘‘SEC. 4192. OPIOID PAIN RELIEVERS. 

22 ‘‘(a) IN GENERAL.—There is hereby imposed on the 

23 manufacturer or producer of any taxable active opioid a 

24 tax equal to the amount determined under subsection (b). 


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1 ‘‘(b) AMOUNT DETERMINED.—The amount deter2 mined under this subsection with respect to a manufac3 turer or producer for a calendar year is 1 cent per milli4 gram of taxable active opioid in the production or manu5 facturing quota determined for such manufacturer or pro6 ducer for the calendar year under section 306 of the Con7 trolled Substances Act (21 U.S.C. 826). 

8 ‘‘(c) TAXABLE ACTIVE OPIOID.—For purposes of this 

9 section— 

10 ‘‘(1) IN GENERAL.—The term ‘taxable active 

11 opioid’ means any controlled substance (as defined 

12 in section 102 of the Controlled Substances Act (21 

13 U.S.C. 802), as in effect on the date of the enact14 ment of this section) manufactured in the United 

15 States which is opium, an opiate, or any derivative 

16 thereof. 

17 ‘‘(2) EXCLUSIONS.— 

18 ‘‘(A) OTHER INGREDIENTS.—In the case 

19 of a product that includes a taxable active 

20 opioid and another ingredient, subsection (a) 

21 shall apply only to the portion of such product 

22 that is a taxable active opioid. 

23 ‘‘(B) DRUGS USED IN ADDICTION TREAT24 MENT.—The term ‘taxable active opioid’ shall 

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1 fined) which is used exclusively for the treat2 ment of opioid addiction as part of a medica3 tion-assisted treatment.’’. 

4 (b) CLERICAL AMENDMENTS.— 

5 (1) The heading of subchapter E of chapter 32 

6 of the Internal Revenue Code of 1986 is amended by 

7 striking ‘‘Medical Devices’’ and inserting 

8 ‘‘Other Medical Products’’. 

9 (2) The table of subchapters for chapter 32 of 

10 such Code is amended by striking the item relating 

11 to subchapter E and inserting the following new 

12 item: 

‘‘SUBCHAPTER E. OTHER MEDICAL PRODUCTS’’. 

13 (3) The table of sections for subchapter E of 

14 chapter 32 of such Code is amended by adding at 

15 the end the following new item: 

‘‘Sec. 4192. Opioid pain relievers.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to calendar years beginning after 

18 the date of the enactment of this Act. 

19 SEC. 12. OPIOID CONSUMER ABUSE REDUCTION PROGRAM. 

20 (a) OPIOID TAKE-BACK PROGRAM.—Section 302 of 

21 the Controlled Substances Act (21 U.S.C. 822) is amend22 ed by adding at the end the following: 


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1 ‘‘(h)(1) The Attorney General shall establish a na2 tional take-back program for the safe and environmentally 

3 responsible disposal of controlled substances. 

4 ‘‘(2) In establishing the take-back program required 

5 under paragraph (1), the Attorney General— 

6 ‘‘(A) shall consult with the Secretary and the 

7 Administrator of the Environmental Protection 

8 Agency; and 

9 ‘‘(B) may coordinate with States, law enforce10 ment agencies, water resource management agencies, 

11 manufacturers, practitioners, pharmacists, public 

12 health entities, transportation and incineration serv13 ice contractors, and other entities and individuals, as 

14 appropriate. 

15 ‘‘(3) The take-back program established under para16 graph (1)— 

17 ‘‘(A) shall— 

18 ‘‘(i) ensure appropriate geographic dis19 tribution so as to provide— 

20 ‘‘(I) reasonably convenient and equi21 table access to permanent take-back loca22 tions, including not less than 1 disposal 

23 site for every 25,000 residents and not less 

24 than 1 physical disposal site per town, city, 


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1 county, or other unit of local government, 

2 where possible; and 

3 ‘‘(II) periodic collection events and 

4 mail-back programs, including public no5 tice of such events and programs, as a sup6 plement to the permanent take-back loca7 tions described in subclause (I), particu8 larly in areas in which the provision of ac9 cess to such locations at the level described 

10 in that subclause is not possible; 

11 ‘‘(ii) establish a process for the accurate 

12 cataloguing and reporting of the quantities of 

13 controlled substances collected; and 

14 ‘‘(iii) include a public awareness campaign 

15 and education of practitioners and pharmacists; 

16 and 

17 ‘‘(B) may work in coordination with State and 

18 locally implemented public and private take-back 

19 programs. 

20 ‘‘(4) From time to time, beginning in the second cal21 endar year that begins after the date of enactment of this 

22 subsection, the Secretary of the Treasury shall transfer 

23 from the general fund of the Treasury an amount equal 

24 to one-half of the total amount of taxes collected under 

25 section 4192 of the Internal Revenue Code of 1986 to the 


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1 Attorney General to carry out this subsection. Amounts 

2 transferred under this subparagraph shall remain avail3 able until expended.’’. 

4 (b) FUNDING OF SUBSTANCE ABUSE PROGRAMS.— 

5 From time to time, beginning in the second calendar year 

6 that begins after the date of enactment of this Act, the 

7 Secretary of the Treasury shall transfer from the general 

8 fund of the Treasury an amount equal to one-half of the 

9 total amount of taxes collected under section 4192 of the 

10 Internal Revenue Code of 1986, as added by this Act, to 

11 the Director of the Center for Substance Abuse Treatment 

12 of the Substance Abuse and Mental Health Services Ad13 ministration for programs of the Center, including the 

14 Block Grants for Prevention and Treatment of Substance 

15 Abuse program under subpart II of part B of title XIX 

16 of the Public Health Service Act (42 U.S.C. 300x–21 et 

17 seq.) and Programs of Regional and National Significance. 

18 Amounts transferred under this subsection shall remain 

19 available until expended. 

20 SEC. 13. GAO STUDY. 

21 Not later than 1 year after the date of enactment 

22 of this Act, the Comptroller General of the United States 

23 shall— 

24 (1) conduct a study examining the coverage of25 fered under commercial health insurance plans and 


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1 reimbursement rates under the Medicare program 

2 and State Medicaid plans with respect to— 

3 (A) substance use disorder treatment serv4 ices, as compared to other health services, and 

5 how any disparity identified under this para6 graph may contribute to differences in salary 

7 and turnover among substance abuse disorder 

8 providers; and 

9 (B) rates of coverage or reimbursement, as 

10 applicable, for substance abuse disorder services 

11 provided via telehealth, as compared to such 

12 services provided in-person; and 

13 (2) provide recommendations with respect to 

14 addressing any disparities identified under subpara15 graph (A) or (B) of paragraph (1) in order to bol16 ster retention of substance abuse disorder providers 

17 and the provision of substance abuse disorder serv18 ices. 

19 SEC. 14. EXPANDING ACCESS TO SUBSTANCE USE DIS20 ORDER AND MENTAL HEALTH SERVICES FUR21 NISHED THROUGH TELEHEALTH UNDER THE 

22 MEDICARE PROGRAM. 

23 Section 1834(m)(7) of the Social Security Act (42 

24 U.S.C. 1395m(m)(7)) is amended— 


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1 (1) in the paragraph heading, by inserting 

2 ‘‘AND MENTAL HEALTH SERVICES’’ after ‘‘SUB3 STANCE USE DISORDER SERVICES’’; 

4 (2) by inserting ‘‘or, on or after the first day 

5 after the end of the public health emergency de6 scribed in section 1135(g)(1)(B), to an eligible tele7 health individual for purposes of diagnosis of a sub8 stance use disorder or diagnosis or treatment of a 

9 mental health disorder, as determined by the Sec10 retary,’’ after ‘‘as determined by the Secretary,’’. 

11 SEC. 15. ENSURING PARITY FOR MENTAL HEALTH AND AD12 DICTION TREATMENT SERVICES. 

13 Title V of the Public Health Service Act (42 U.S.C. 

14 290ll et seq.) is amended— 

15 (1) in part K, by redesignating section 550 (42 

16 U.S.C. 290ee–10), relating to sobriety treatment 

17 and recovery teams, as section 553 and transferring 

18 such section to appear after section 552 in part D; 

19 and 

20 (2) by adding at the end of such part D the fol21 lowing: 

22 ‘‘SEC. 554. COMPLIANCE WITH MENTAL HEALTH AND AD23 DICTION TREATMENT PARITY. 

24 ‘‘(a) IN GENERAL.—The Secretary, in coordination 

25 with the Secretary of Labor, shall award grants to, or 


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•HR 7701 IH

1 enter into cooperative agreements with, States to ensure 

2 that health insurance issuers in the State comply with sec3 tion 2726. 

4 ‘‘(b) USE OF GRANT.—A State shall use amounts re5 ceived under a grant or cooperative agreement under this 

6 section to— 

7 ‘‘(1) establish clear guidelines for parity compli8 ance for mental health and substance use disorder 

9 benefits; 

10 ‘‘(2) ensure parity compliance during public 

11 health emergencies with best practices for delivering 

12 evidence-based mental health and substance use dis13 order treatment, including to ensure virtual, video, 

14 internet, telephonic, and other remote services are 

15 appropriately covered, including alignment with au16 thorities, flexibilities, and coverage promulgated by 

17 the Centers for Medicare & Medicaid Services; 

18 ‘‘(3) engage with health insurance issuers to en19 sure that they comply with the guidelines promul20 gated and other provisions of section 2726, including 

21 through audits, market conduct examinations, secret 

22 shopper programs, or other means; 

23 ‘‘(4) share information with other States who 

24 receive grants under this section; 


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1 ‘‘(5) submit a report to the Secretary and the 

2 Secretary of Labor on information, actions, rec3 ommendations, and such other information as such 

4 secretaries may require; and 

5 ‘‘(6) publicly post a summary of each report 

6 submitted under paragraph (5) on the websites of 

7 the Department of Health and Human Services and 

8 the Department of Labor. 

9 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this section 

11 $10,000,000 for each of fiscal years 2021 through 2025.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS