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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5189 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 5189

                  To address the opioid abuse crisis.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2016

  Ms. Kuster introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
the Judiciary, Veterans' Affairs, Education and the Workforce, Ways and 
   Means, Armed Services, and Natural Resources, 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 address the opioid abuse crisis.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Opioid Abuse 
Crisis Act of 2016''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
                   TITLE I--PUBLIC HEALTH PROVISIONS

Sec. 101. Funding for opioid and heroin abuse prevention and treatment.
Sec. 102. Opioid overdose reversal drugs prescribing grant program.
Sec. 103. Partial fills of schedule II controlled substances.
Sec. 104. Opioid use disorder treatment modernization.
Sec. 105. Nurturing and supporting healthy babies.
Sec. 106. Improving treatment for pregnant and postpartum women.
Sec. 107. Assisting veterans with military emergency medical training 
                            to meet requirements for becoming civilian 
                            emergency medical technicians.
Sec. 108. Information materials and resources to prevent addiction 
                            related to youth sports injuries.
Sec. 109. Lali's Law.
Sec. 110. Opioid review modernization.
Sec. 111. Study on treatment infrastructure.
Sec. 112. National youth recovery initiative.
Sec. 113. Building communities of recovery.
             TITLE II--COMPREHENSIVE OPIOID ABUSE REDUCTION

Sec. 201. Comprehensive opioid abuse grant program.
Sec. 202. Audit and accountability of grantees.
Sec. 203. Veterans treatment courts.
Sec. 204. Emergency Federal law enforcement assistance.
Sec. 205. Opioid Program Evaluation Act.
Sec. 206. Good Samaritan Assessment Act.
 TITLE III--PROMOTING RESPONSIBLE OPIOID MANAGEMENT AND INCORPORATING 
                          SCIENTIFIC EXPERTISE

Sec. 301. Short title.
             Subtitle A--Opioid Therapy and Pain Management

Sec. 311. Guidelines on management of opioid therapy by Department of 
                            Veterans Affairs and Department of Defense 
                            and implementation of such guidelines by 
                            Department of Veterans Affairs.
Sec. 312. Improvement of opioid safety measures by Department of 
                            Veterans Affairs.
Sec. 313. Strengthening of joint working group on pain management of 
                            the Department of Veterans Affairs and the 
                            Department of Defense.
Sec. 314. Review, investigation, and report on use of opioids in 
                            treatment by Department of Veterans 
                            Affairs.
                      Subtitle B--Patient Advocacy

Sec. 321. Community meetings on improving care furnished by Department 
                            of Veterans Affairs.
Sec. 322. Improvement of awareness of patient advocacy program and 
                            patient bill of rights of Department of 
                            Veterans Affairs.
Sec. 323. Comptroller general report on patient advocacy program of 
                            Department of Veterans Affairs.
            Subtitle C--Complementary and Integrative Health

Sec. 331. Expansion of research and education on and delivery of 
                            complementary and integrative health to 
                            veterans.
Sec. 332. Pilot program on integration of complementary alternative 
                            medicines and related issues for veterans 
                            and family members of veterans.
              Subtitle D--Fitness of Health Care Providers

Sec. 341. Additional requirements for hiring of health care providers 
                            by Department of Veterans Affairs.
Sec. 342. Provision of information on health care providers of 
                            Department of Veterans Affairs to State 
                            Medical Boards.
Sec. 343. Report on compliance by Department of Veterans Affairs with 
                            reviews of health care providers leaving 
                            the Department or transferring to other 
                            facilities.
                   Subtitle E--Other Veterans Matters

Sec. 351. Audit of Veterans Health Administration programs of 
                            Department of Veterans Affairs.
 TITLE IV--IMPROVING SAFE CARE FOR PREVENTING INFANT ABUSE AND NEGLECT

Sec. 401. Short title.
Sec. 402. Best practices for development of plans of safe care.
Sec. 403. State plans.
Sec. 404. Data reports.
Sec. 405. Monitoring and oversight.
Sec. 406. Rule of construction.
                       TITLE V--OTHER PROVISIONS

Sec. 501. Programs to prevent prescription drug abuse under Medicare 
                            parts C and D.
Sec. 502. Exclusion of authorized generic drugs from calculation of 
                            average manufacturer price for brand name 
                            drugs.

                   TITLE I--PUBLIC HEALTH PROVISIONS

SEC. 101. FUNDING FOR OPIOID AND HEROIN ABUSE PREVENTION AND TREATMENT.

    (a) Funding.--There are authorized to be appropriated, and are 
appropriated, out of monies in the Treasury not otherwise obligated, 
$600,000,000 for fiscal year 2017, to improve opioid prescribing 
practices and expand access to substance use treatments to reduce 
opioid use disorders and overdose, to be made available in accordance 
with this Act.
    (b) State Targeted Response Cooperative Agreements.--Subpart 1 of 
part B of title V of the Public Health Service Act (42 U.S.C. 290bb et 
seq.) is amended by inserting after section 509 the following:

``SEC. 510. STATE TARGETED RESPONSE COOPERATIVE AGREEMENTS.

    ``(a) In General.--The Secretary shall enter into additional 
targeted response cooperative agreements with States under this title 
to expand opioid treatment capacity and make services more affordable 
to those who cannot afford such services.
    ``(b) Awarding of Funding.--The Secretary shall allocate funding to 
States under this section based on--
            ``(1) the severity of the opioid epidemic in the State; and
            ``(2) the strength of the strategy of the State to respond 
        to such epidemic.
    ``(c) Use of Funds.--Amounts received by a State under this section 
shall be used to expand treatment capacity and make services more 
affordable to those who cannot afford such services and to help 
individuals seek treatment, successfully complete treatment, and 
sustain recovery.
    ``(d) Funding.--Of the amounts appropriated under section 101(a) of 
the Opioid Use Disorder Treatment Expansion and Modernization Act for 
fiscal year 2017, $460,000,000 shall be made available to carry out 
this section, to remain available until expended.''.
    (c) Treatment for Prescription Drug Abuse and Heroin Use.--Section 
331(b) of the Public Health Service Act (42 U.S.C. 254d(b)) is amended 
by adding at the end the following:
            ``(3)(A) The Secretary shall use amounts made available 
        under subparagraph (B) to support enhanced loan repayment 
        awards to increase the number of clinicians in the Corps with 
        medication assisted treatment training to treat individuals 
        with opioid use disorders through loan repayments to 
        clinicians.
            ``(B) Of the amounts appropriated under section 101(a) of 
        the Opioid Use Disorder Treatment Expansion and Modernization 
        Act for fiscal year 2017, $25,000,000 shall be made available 
        to carry out this section, to remain available until 
        expended.''.
    (d) Evaluation of Medication-Assisted Treatment.--Subpart 1 of part 
B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) 
is amended by inserting after section 510, as added by subsection (b), 
the following:

``SEC. 511. EVALUATION OF MEDICATION-ASSISTED TREATMENT.

    ``(a) In General.--In order to assess the treatment outcomes of 
patients with opioid addiction receiving medication-assisted treatment, 
the Secretary shall evaluate the short, medium, and long-term outcomes 
of such substance abuse treatment programs in order to increase 
effectiveness in reducing opioid use disorders, overdose, and death.
    ``(b) Funding.--Of the amounts appropriated under section 101(a) of 
the Opioid Use Disorder Treatment Expansion and Modernization Act for 
fiscal year 2017, $15,000,000 shall be made available to carry out this 
section, to remain available until expended.''.

SEC. 102. OPIOID OVERDOSE REVERSAL DRUGS PRESCRIBING GRANT PROGRAM.

    (a) Establishment.--
            (1) In general.--Not later than six months after the date 
        of the enactment of this Act, the Secretary of Health and Human 
        Services may establish, in accordance with this section, a 
        five-year opioid overdose reversal drugs prescribing grant 
        program (in this section referred to as the ``grant program'').
            (2) Maximum grant amount.--A grant made under this section 
        may not be for more than $200,000 per grant year.
            (3) Eligible entity.--For purposes of this section, the 
        term ``eligible entity'' means a federally qualified health 
        center (as defined in section 1861(aa) of the Social Security 
        Act (42 U.S.C. 1395x(aa))), an opioid treatment program under 
        part 8 of title 42, Code of Federal Regulations, any 
        practitioner dispensing narcotic drugs pursuant to section 
        303(g) of the Controlled Substances Act (21 U.S.C. 823(g)), or 
        any other entity that the Secretary deems appropriate.
            (4) Prescribing.--For purposes of this section, the term 
        ``prescribing'' means, with respect to an opioid overdose 
        reversal drug, such as naloxone, the practice of prescribing 
        such drug--
                    (A) in conjunction with an opioid prescription for 
                patients at an elevated risk of overdose;
                    (B) in conjunction with an opioid agonist approved 
                under section 505 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 355) for the treatment of 
                opioid abuse disorder;
                    (C) to the caregiver or a close relative of 
                patients at an elevated risk of overdose from opioids; 
                or
                    (D) in other circumstances, as identified by the 
                Secretary, in which a provider identifies a patient is 
                at an elevated risk for an intentional or unintentional 
                drug overdose from heroin or prescription opioid 
                therapies.
    (b) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Secretary of Health and 
Human Services, in such form and manner as specified by the Secretary, 
an application that describes--
            (1) the extent to which the area to which the entity will 
        furnish services through use of the grant is experiencing 
        significant morbidity and mortality caused by opioid abuse;
            (2) the criteria that will be used to identify eligible 
        patients to participate in such program; and
            (3) how such program will work to try to identify State, 
        local, or private funding to continue the program after 
        expiration of the grant.
    (c) Use of Funds.--An eligible entity receiving a grant under this 
section may use the grant for any of the following activities, but may 
use not more than 20 percent of the grant funds for activities 
described in paragraphs (4) and (5):
            (1) To establish a program for prescribing opioid overdose 
        reversal drugs, such as naloxone.
            (2) To train and provide resources for health care 
        providers and pharmacists on the prescribing of opioid overdose 
        reversal drugs, such as naloxone.
            (3) To establish mechanisms and processes for tracking 
        patients participating in the program described in paragraph 
        (1) and the health outcomes of such patients.
            (4) To purchase opioid overdose reversal drugs, such as 
        naloxone, for distribution under the program described in 
        paragraph (1).
            (5) To offset the co-pays and other cost sharing associated 
        with opioid overdose reversal drugs, such as naloxone, to 
        ensure that cost is not a limiting factor for eligible 
        patients.
            (6) To conduct community outreach, in conjunction with 
        community-based organizations, designed to raise awareness of 
        prescribing practices, and the availability of opioid overdose 
        reversal drugs, such as naloxone.
            (7) To establish protocols to connect patients who have 
        experienced a drug overdose with appropriate treatment, 
        including medication assisted treatment and appropriate 
        counseling and behavioral therapies.
    (d) Evaluations by Recipients.--As a condition of receipt of a 
grant under this section, an eligible entity shall, for each year for 
which the grant is received, submit to the Secretary of Health and 
Human Services information on appropriate outcome measures specified by 
the Secretary to assess the outcomes of the program funded by the 
grant, including--
            (1) the number of prescribers trained;
            (2) the number of prescribers who have co-prescribed an 
        opioid overdose reversal drug, such as naloxone, to at least 
        one patient;
            (3) the total number of prescriptions written for opioid 
        overdose reversal drugs, such as naloxone;
            (4) the percentage of patients at elevated risk who 
        received a prescription for an opioid overdose reversal drug, 
        such as naloxone;
            (5) the number of patients reporting use of an opioid 
        overdose reversal drug, such as naloxone; and
            (6) any other outcome measures that the Secretary deems 
        appropriate.
    (e) Reports by Secretary.--For each year of the grant program under 
this section, the Secretary of Health and Human Services shall submit 
to the appropriate committees of the House of Representatives and the 
Senate a report aggregating the information received from the grant 
recipients for such year under subsection (d) and evaluating the 
outcomes achieved by the programs funded by grants made under this 
section.
    (f) Providing Information to Prescribers in Certain Federal Health 
Care and Medical Facilities on Best Practices for Prescribing Opioid 
Overdose Reversal Drugs.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services (in this subsection referred to as the ``Secretary'') 
        may, as appropriate, provide information to prescribers within 
        Federally qualified health centers (as defined in paragraph (4) 
        of section 1861(aa) of the Social Security Act (42 U.S.C. 
        1395x(aa))), and the health care facilities of the Indian 
        Health Service, on best practices for prescribing opioid 
        overdose reversal drugs, such as naloxone, for patients 
        receiving chronic opioid therapy, patients being treated for 
        opioid use disorders, and other patients that a provider 
        identifies as having an elevated risk of overdose from heroin 
        or prescription opioid therapies.
            (2) Not establishing a medical standard of care.--The 
        information on best practices provided under this section shall 
        not be construed as constituting or establishing a medical 
        standard of care for prescribing opioid overdose reversal 
        drugs, such as naloxone, for patients described in paragraph 
        (1).
            (3) No authorization of any additional appropriations.--The 
        Secretary shall carry out this subsection through funds 
        otherwise appropriated and nothing in this subsection shall be 
        construed as authorizing the appropriations of additional funds 
        to carry out this subsection.
            (4) Elevated risk of overdose defined.--In this subsection, 
        the term ``elevated risk of overdose'' has the meaning given 
        such term by the Secretary, which--
                    (A) may be based on the criteria provided in the 
                Opioid Overdose Toolkit published by the Substance 
                Abuse and Mental Health Services Administration 
                (SAMHSA); and
                    (B) may include patients on a first course opioid 
                treatment, patients using extended-release and long-
                acting opioid analgesics, and patients with a 
                respiratory disease or other co-morbidities.
    (g) Funding.--There is authorized to be appropriated $5,000,000 to 
carry out this section (other than subsection (f)) for the period of 
fiscal years 2017 through 2021, of which $5,000,000 shall be made 
available from amounts appropriated under section 101(a) of the Opioid 
Use Disorder Treatment Expansion and Modernization Act for fiscal year 
2017, to remain available until expended.

SEC. 103. PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES.

    (a) In General.--Section 309 of the Controlled Substances Act (21 
U.S.C. 829) is amended by adding at the end the following:
    ``(f) Partial Fills of Schedule II Controlled Substances.--
            ``(1) Partial fills.--
                    ``(A) In general.--A prescription for a controlled 
                substance in schedule II may be partially filled if--
                            ``(i) it is not prohibited by State law;
                            ``(ii) the prescription is written and 
                        filled in accordance with this Act, regulations 
                        prescribed by the Attorney General, and State 
                        law;
                            ``(iii) the partial fill is requested by 
                        the patient or the practitioner that wrote the 
                        prescription; and
                            ``(iv) the total quantity dispensed in all 
                        partial fillings does not exceed the total 
                        quantity prescribed.
                    ``(B) Other circumstances.--A prescription for a 
                controlled substance in schedule II may be partially 
                filled in accordance with section 1306.13 of title 21, 
                Code of Federal Regulations (as in effect on the date 
                of enactment of the Opioid Abuse Crisis Act of 2016).
            ``(2) Remaining portions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), remaining portions of a partially 
                filled prescription for a controlled substance in 
                schedule II--
                            ``(i) may be filled; and
                            ``(ii) shall be filled not later than 30 
                        days after the date on which the prescription 
                        is written.
                    ``(B) Emergency situations.--In emergency 
                situations, as described in subsection (a), the 
                remaining portions of a partially filled prescription 
                for a controlled substance in schedule II--
                            ``(i) may be filled; and
                            ``(ii) shall be filled not later than 72 
                        hours after the prescription is issued.''.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of the Attorney General to allow a 
prescription for a controlled substance in schedule III, IV, or V of 
section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) to 
be partially filled.

SEC. 104. OPIOID USE DISORDER TREATMENT MODERNIZATION.

    (a) In General.--Section 303(g)(2) of the Controlled Substances Act 
(21 U.S.C. 823(g)(2)) is amended--
            (1) in subparagraph (B), by striking clauses (i), (ii), and 
        (iii) and inserting the following:
            ``(i) The practitioner is a qualifying practitioner (as 
        defined in subparagraph (G)).
            ``(ii) With respect to patients to whom the practitioner 
        will provide such drugs or combinations of drugs, the 
        practitioner has the capacity to provide directly, by referral, 
        or in such other manner as determined by the Secretary--
                    ``(I) all schedule III, IV, and V drugs, as well as 
                unscheduled medications approved by the Food and Drug 
                Administration, for the treatment of opioid use 
                disorder, including such drugs and medications for 
                maintenance, detoxification, overdose reversal, and 
                relapse prevention, as available; and
                    ``(II) appropriate counseling and other appropriate 
                ancillary services.
            ``(iii)(I) The total number of such patients of the 
        practitioner at any one time will not exceed the applicable 
        number. Except as provided in subclauses (II) and (III), the 
        applicable number is 30.
            ``(II) The applicable number is 100 if, not sooner than 1 
        year after the date on which the practitioner submitted the 
        initial notification, the practitioner submits a second 
        notification to the Secretary of the need and intent of the 
        practitioner to treat up to 100 patients.
            ``(III) The applicable number is 300 if the practitioner is 
        a qualifying physician meeting the requirement of subclause 
        (VI) and, not sooner than 1 year after the date on which the 
        physician submitted a second notification under subclause (II), 
        the practitioner submits a third notification to the Secretary 
        of the need and intent of the physician to treat up to 300 
        patients.
            ``(IV) The Secretary may by regulation change such total 
        number.
            ``(V) The Secretary may exclude from the applicable number 
        patients to whom such drugs or combinations of drugs are 
        directly administered by the qualifying practitioner in the 
        office setting.
            ``(VI) For purposes of subclause (III), a qualifying 
        physician meets the requirement of this subclause if the 
        physician--
                    ``(aa) holds a special certification in addiction 
                psychiatry or addiction medicine as described in clause 
                (ii) from the American Board of Medical Specialties, 
                the American Board of Addiction Medicine, the American 
                Osteopathic Association, the American Society of 
                Addiction Medicine, or such other organization as the 
                Secretary determines to be appropriate for purposes of 
                this subclause; or
                    ``(bb) has completed not fewer than 24 hours of 
                training, with respect to the treatment and management 
                of opiate-dependent patients, addressing the topics 
                listed in subparagraph (G)(ii)(IV).
        The Secretary may review and update the requirements of this 
        subclause.
            ``(iv) In the case of a third notification under clause 
        (iii)(III), the qualifying physician maintains and implements a 
        diversion control plan that contains specific measures to 
        reduce the likelihood of the diversion of controlled substances 
        prescribed by the physician for the treatment of opioid use 
        disorder.
            ``(v) In the case of a third notification under clause 
        (iii)(III), the qualifying physician obtains a written 
        agreement from each patient, including the patient's signature, 
        that the patient--
                    ``(I) will receive an initial assessment and 
                treatment plan and periodic assessments and treatment 
                plans thereafter;
                    ``(II) will be subject to medication adherence and 
                substance use monitoring;
                    ``(III) understands available treatment options, 
                including all drugs approved by the Food and Drug 
                Administration for the treatment of opioid use 
                disorder, including their potential risks and benefits; 
                and
                    ``(IV) understands that receiving regular 
                counseling services is critical to recovery.
            ``(vi) The practitioner will comply with the reporting 
        requirements of subparagraph (D)(i)(IV).'';
            (2) in subparagraph (D)--
                    (A) in clause (i), by adding at the end the 
                following:
            ``(IV) The practitioner reports to the Secretary, at such 
        times and in such manner as specified by the Secretary, such 
        information and assurances as the Secretary determines 
        necessary to assess whether the practitioner continues to meet 
        the requirements for a waiver under this paragraph.'';
                    (B) in clause (ii), by striking ``Upon receiving a 
                notification under subparagraph (B)'' and inserting 
                ``Upon receiving a determination from the Secretary 
                under clause (iii) finding that a practitioner meets 
                all requirements for a waiver under subparagraph (B)''; 
                and
                    (C) in clause (iii)--
                            (i) by inserting ``and shall forward such 
                        determination to the Attorney General'' before 
                        the period at the end of the first sentence; 
                        and
                            (ii) by striking ``physician'' and 
                        inserting ``practitioner'';
            (3) in subparagraph (G)--
                    (A) by amending clause (ii)(IV) to read as follows:
                    ``(IV) The physician has, with respect to the 
                treatment and management of opiate-dependent patients, 
                completed not less than eight hours of training 
                (through classroom situations, seminars at professional 
                society meetings, electronic communications, or 
                otherwise) that is provided by the American Society of 
                Addiction Medicine, the American Academy of Addiction 
                Psychiatry, the American Medical Association, the 
                American Osteopathic Association, the American 
                Psychiatric Association, or any other organization that 
                the Secretary determines is appropriate for purposes of 
                this subclause. Such training shall address--
                            ``(aa) opioid maintenance and 
                        detoxification;
                            ``(bb) appropriate clinical use of all 
                        drugs approved by the Food and Drug 
                        Administration for the treatment of opioid use 
                        disorder;
                            ``(cc) initial and periodic patient 
                        assessments (including substance use 
                        monitoring);
                            ``(dd) individualized treatment planning; 
                        overdose reversal; relapse prevention;
                            ``(ee) counseling and recovery support 
                        services;
                            ``(ff) staffing roles and considerations;
                            ``(gg) diversion control; and
                            ``(hh) other best practices, as identified 
                        by the Secretary.''; and
                    (B) by adding at the end the following:
            ``(iii) The term `qualifying practitioner' means--
                    ``(I) a qualifying physician, as defined in clause 
                (ii); or
                    ``(II) a qualifying other practitioner, as defined 
                in clause (iv).
            ``(iv) The term `qualifying other practitioner' means a 
        nurse practitioner or physician assistant who satisfies each of 
        the following:
                    ``(I) The nurse practitioner or physician assistant 
                is licensed under State law to prescribe schedule III, 
                IV, or V medications for the treatment of pain.
                    ``(II) The nurse practitioner or physician 
                assistant satisfies 1 or more of the following:
                            ``(aa) Has completed not fewer than 24 
                        hours of initial training addressing each of 
                        the topics listed in clause (ii)(IV) (through 
                        classroom situations, seminars at professional 
                        society meetings, electronic communications, or 
                        otherwise) provided by the American Society of 
                        Addiction Medicine, the American Academy of 
                        Addiction Psychiatry, the American Medical 
                        Association, the American Osteopathic 
                        Association, the American Nurses Credentialing 
                        Center, the American Psychiatric Association, 
                        the American Association of Nurse 
                        Practitioners, the American Academy of 
                        Physician Assistants, or any other organization 
                        that the Secretary determines is appropriate 
                        for purposes of this subclause.
                            ``(bb) Has such other training or 
                        experience as the Secretary determines will 
                        demonstrate the ability of the nurse 
                        practitioner or physician assistant to treat 
                        and manage opiate-dependent patients.
                    ``(III) The nurse practitioner or physician 
                assistant is supervised by or works in collaboration 
                with a qualifying physician, if the nurse practitioner 
                or physician assistant is required by State law to 
                prescribe medications for the treatment of opioid use 
                disorder in collaboration with or under the supervision 
                of a physician.
        The Secretary may review and update the requirements for being 
        a qualifying other practitioner under this clause.''; and
            (4) in subparagraph (H)--
                    (A) in clause (i), by inserting after subclause 
                (II) the following:
            ``(III) Such other elements of the requirements under this 
        paragraph as the Secretary determines necessary for purposes of 
        implementing such requirements.''; and
                    (B) by amending clause (ii) to read as follows:
    ``(ii) Not later than one year after the date of enactment of the 
Opioid Use Disorder Treatment Expansion and Modernization Act, the 
Secretary shall update the treatment improvement protocol containing 
best practice guidelines for the treatment of opioid-dependent patients 
in office-based settings. The Secretary shall update such protocol in 
consultation with experts in opioid use disorder research and 
treatment.''.
    (b) Recommendation of Revocation or Suspension of Registration in 
Case of Substantial Noncompliance.--The Secretary of Health and Human 
Services may recommend to the Attorney General that the registration of 
a practitioner be revoked or suspended if the Secretary determines, 
according to such criteria as the Secretary establishes by regulation, 
that a practitioner who is registered under section 303(g)(2) of the 
Controlled Substances Act (21 U.S.C. 823(g)(2)) is not in substantial 
compliance with the requirements of such section, as amended by this 
Act.
    (c) Opioid Defined.--Section 102(18) of the Controlled Substances 
Act (21 U.S.C. 802(18)) is amended by inserting ``or `opioid''' after 
``The term `opiate'''.
    (d) Reports to Congress.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act and not less than over every 5 years 
        thereafter, the Secretary of Health and Human Services, in 
        consultation with the Drug Enforcement Administration and 
        experts in opioid use disorder research and treatment, shall--
                    (A) perform a thorough review of the provision of 
                opioid use disorder treatment services in the United 
                States, including services provided in opioid treatment 
                programs and other specialty and nonspecialty settings; 
                and
                    (B) submit a report to the Congress on the findings 
                and conclusions of such review.
            (2) Contents.--Each report under paragraph (1) shall 
        include an assessment of--
                    (A) compliance with the requirements of section 
                303(g)(2) of the Controlled Substances Act (21 U.S.C. 
                823(g)(2)), as amended by this Act;
                    (B) the measures taken by the Secretary of Health 
                and Human Services to ensure such compliance;
                    (C) whether there is further need to increase or 
                decrease the number of patients a waivered practitioner 
                is permitted to treat, as provided for by the amendment 
                made by subsection (a)(1);
                    (D) the extent to which, and proportions with 
                which, the full range of Food and Drug Administration-
                approved treatments for opioid use disorder are used in 
                routine health care settings and specialty substance 
                use disorder treatment settings;
                    (E) access to, and use of, counseling and recovery 
                support services, including the percentage of patients 
                receiving such services;
                    (F) changes in State or local policies and 
                legislation relating to opioid use disorder treatment;
                    (G) the use of prescription drug monitoring 
                programs by practitioners who are permitted to dispense 
                narcotic drugs to individuals pursuant to a waiver 
                under section 303(g)(2) of the Controlled Substances 
                Act (21 U.S.C. 823(g)(2));
                    (H) the findings resulting from inspections by the 
                Drug Enforcement Administration of practitioners 
                described in subparagraph (G); and
                    (I) the effectiveness of cross-agency collaboration 
                between the Department of Health and Human Services and 
                the Drug Enforcement Administration for expanding 
                effective opioid use disorder treatment.

SEC. 105. NURTURING AND SUPPORTING HEALTHY BABIES.

    (a) GAO Report on Neonatal Abstinence Syndrome (NAS).--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall submit to the Committee on Energy and 
        Commerce of the House of Representatives and the Committee on 
        Finance and the Committee on Health, Education, Labor, and 
        Pensions of the Senate a report on neonatal abstinence syndrome 
        (in this section referred to as ``NAS'') in the United States.
            (2) Information to be included in report.--Such report 
        shall include information on the following:
                    (A) The prevalence of NAS in the United States, 
                including the proportion of children born in the United 
                States with NAS who are eligible for medical assistance 
                under State Medicaid programs under title XIX of the 
                Social Security Act at birth and the costs associated 
                with NAS through such programs.
                    (B) The services for which coverage is available 
                under State Medicaid programs for treatment of infants 
                with NAS.
                    (C) The settings (including inpatient, outpatient, 
                hospital-based, and other settings) for the treatment 
                of infants with NAS and the reimbursement methodologies 
                and costs associated with such treatment in such 
                settings.
                    (D) The prevalence of utilization of various care 
                settings under State Medicaid programs for treatment of 
                infants with NAS and any Federal barriers to treating 
                such infants under such programs, particularly in non-
                hospital-based settings.
            (3) Recommendations.--Such report also shall include such 
        recommendations as the Comptroller General determines 
        appropriate for improvements that will ensure access to 
        treatment for infants with NAS under State Medicaid programs.
    (b) Excluding Abuse-Deterrent Formulations of Prescription Drugs 
From the Medicaid Additional Rebate Requirement for New Formulations of 
Prescription Drugs.--
            (1) In general.--The last sentence of section 1927(c)(2)(C) 
        of the Social Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is 
        amended by inserting before the period at the end the 
        following: ``, but does not include an abuse-deterrent 
        formulation of the drug (as determined by the Secretary), 
        regardless of whether such abuse-deterrent formulation is an 
        extended release formulation''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to drugs that are paid for by a State in calendar 
        quarters beginning on or after the date of the enactment of 
        this Act.
    (c) Limiting Disclosure of Predictive Modeling and Other Analytics 
Technologies To Identify and Prevent Waste, Fraud, and Abuse.--
            (1) In general.--Title XI of the Social Security Act is 
        amended by inserting after section 1128J (42 U.S.C. 1320a-7k) 
        the following new section:

``SEC. 1128K. DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS 
              TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND 
              ABUSE.

    ``(a) Reference to Predictive Modeling Technologies Requirements.--
For provisions relating to the use of predictive modeling and other 
analytics technologies to identify and prevent waste, fraud, and abuse 
with respect to the Medicare program under title XVIII, the Medicaid 
program under title XIX, and the Children's Health Insurance Program 
under title XXI, see section 4241 of the Small Business Jobs Act of 
2010 (42 U.S.C. 1320a-7m).
    ``(b) Limiting Disclosure of Predictive Modeling Technologies.--In 
implementing such provisions under such section 4241 with respect to 
covered algorithms (as defined in subsection (c)), the following shall 
apply:
            ``(1) Nonapplication of foia.--The covered algorithms used 
        or developed for purposes of such section (including by the 
        Secretary or a State (or an entity operating under a contract 
        with a State)) shall be exempt from disclosure under section 
        552(b)(3) of title 5, United States Code.
            ``(2) Limitation with respect to use and disclosure of 
        information by state agencies.--
                    ``(A) In general.--A State agency may not use or 
                disclose covered algorithms used or developed for 
                purposes of such section except for purposes of 
                administering the State plan (or a waiver of the plan) 
                under the Medicaid program under title XIX or the State 
                child health plan (or a waiver of the plan) under the 
                Children's Health Insurance Program under title XXI, 
                including by enabling an entity operating under a 
                contract with a State to assist the State to identify 
                or prevent waste, fraud and abuse with respect to such 
                programs.
                    ``(B) Information security.--A State agency shall 
                have in effect data security and control policies that 
                the Secretary finds adequate to ensure the security of 
                covered algorithms used or developed for purposes of 
                such section 4241 and to ensure that access to such 
                information is restricted to authorized persons for 
                purposes of authorized uses and disclosures described 
                in subparagraph (A).
                    ``(C) Procedural requirements.--State agencies to 
                which information is disclosed pursuant to such section 
                4241 shall adhere to uniform procedures established by 
                the Secretary.
    ``(c) Covered Algorithm Defined.--In this section, the term 
`covered algorithm'--
            ``(1) means a predictive modeling or other analytics 
        technology, as used for purposes of section 4241(a) of the 
        Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m(a)) to 
        identify and prevent waste, fraud, and abuse with respect to 
        the Medicare program under title XVIII, the Medicaid program 
        under title XIX, and the Children's Health Insurance Program 
        under title XXI; and
            ``(2) includes the mathematical expressions utilized in the 
        application of such technology and the means by which such 
        technology is developed.''.
            (2) Conforming amendments.--
                    (A) Medicaid state plan requirement.--Section 
                1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) 
                is amended--
                            (i) in paragraph (80), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (81), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by inserting after paragraph (81) the 
                        following new paragraph:
            ``(82) provide that the State agency responsible for 
        administering the State plan under this title provides 
        assurances to the Secretary that the State agency is in 
        compliance with subparagraphs (A), (B), and (C) of section 
        1128K(b)(2).''.
                    (B) State child health plan requirement.--Section 
                2102(a)(7) of the Social Security Act (42 U.S.C. 
                1397bb(a)(7)) is amended--
                            (i) in subparagraph (A), by striking ``, 
                        and'' at the end and inserting a semicolon;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(C) to ensure that the State agency involved is 
                in compliance with subparagraphs (A), (B), and (C) of 
                section 1128K(b)(2).''.
    (d) Medicaid Improvement Fund.--Section 1941(b)(1) of the Social 
Security Act (42 U.S.C. 1396w-1(b)(1)) is amended to read as follows:
            ``(1) In general.--There shall be available to the Fund, 
        for expenditures from the Fund for fiscal year 2021 and 
        thereafter, $5,000,000.''.

SEC. 106. IMPROVING TREATMENT FOR PREGNANT AND POSTPARTUM WOMEN.

    (a) Reauthorization of Residential Treatment Programs for Pregnant 
and Postpartum Women.--Section 508 of the Public Health Service Act (42 
U.S.C. 290bb-1) is amended--
            (1) in subsection (p), in the first sentence, by inserting 
        ``(other than subsection (r))'' after ``section''; and
            (2) in subsection (r), by striking ``such sums'' and all 
        that follows through ``2003'' and inserting ``$16,900,000 for 
        each of fiscal years 2017 through 2021''.
    (b) Pilot Program Grants for State Substance Abuse Agencies.--
            (1) In general.--Section 508 of the Public Health Service 
        Act (42 U.S.C. 290bb-1) is amended--
                    (A) by redesignating subsection (r), as amended by 
                subsection (a), as subsection (s); and
                    (B) by inserting after subsection (q) the following 
                new subsection:
    ``(r) Pilot Program for State Substance Abuse Agencies.--
            ``(1) In general.--From amounts made available under 
        subsection (s), the Director of the Center for Substance Abuse 
        Treatment shall carry out a pilot program under which 
        competitive grants are made by the Director to State substance 
        abuse agencies to--
                    ``(A) enhance flexibility in the use of funds 
                designed to support family-based services for pregnant 
                and postpartum women with a primary diagnosis of a 
                substance use disorder, including opioid use disorders;
                    ``(B) help State substance abuse agencies address 
                identified gaps in services furnished to such women 
                along the continuum of care, including services 
                provided to women in nonresidential based settings; and
                    ``(C) promote a coordinated, effective, and 
                efficient State system managed by State substance abuse 
                agencies by encouraging new approaches and models of 
                service delivery.
            ``(2) Requirements.--In carrying out the pilot program 
        under this subsection, the Director shall--
                    ``(A) require State substance abuse agencies to 
                submit to the Director applications, in such form and 
                manner and containing such information as specified by 
                the Director, to be eligible to receive a grant under 
                the program;
                    ``(B) identify, based on such submitted 
                applications, State substance abuse agencies that are 
                eligible for such grants;
                    ``(C) require services proposed to be furnished 
                through such a grant to support family-based treatment 
                and other services for pregnant and postpartum women 
                with a primary diagnosis of a substance use disorder, 
                including opioid use disorders;
                    ``(D) not require that services furnished through 
                such a grant be provided solely to women that reside in 
                facilities;
                    ``(E) not require that grant recipients under the 
                program make available through use of the grant all 
                services described in subsection (d); and
                    ``(F) consider not applying requirements described 
                in paragraphs (1) and (2) of subsection (f) to 
                applicants, depending on the circumstances of the 
                applicant.
            ``(3) Required services.--
                    ``(A) In general.--The Director shall specify a 
                minimum set of services required to be made available 
                to eligible women through a grant awarded under the 
                pilot program under this subsection. Such minimum set--
                            ``(i) shall include requirements described 
                        in subsection (c) and be based on the 
                        recommendations submitted under subparagraph 
                        (B); and
                            ``(ii) may be selected from among the 
                        services described in subsection (d) and 
                        include other services as appropriate.
                    ``(B) Stakeholder input.--The Director shall 
                convene and solicit recommendations from stakeholders, 
                including State substance abuse agencies, health care 
                providers, persons in recovery from substance abuse, 
                and other appropriate individuals, for the minimum set 
                of services described in subparagraph (A).
            ``(4) Duration.--The pilot program under this subsection 
        shall not exceed 5 years.
            ``(5) Evaluation and report to congress.--The Director of 
        the Center for Behavioral Health Statistics and Quality shall 
        fund an evaluation of the pilot program at the conclusion of 
        the first grant cycle funded by the pilot program. The Director 
        of the Center for Behavioral Health Statistics and Quality, in 
        coordination with the Director of the Center for Substance 
        Abuse Treatment shall submit to the relevant committees of 
        jurisdiction of the House of Representatives and the Senate a 
        report on such evaluation. The report shall include at a 
        minimum outcomes information from the pilot program, including 
        any resulting reductions in the use of alcohol and other drugs; 
        engagement in treatment services; retention in the appropriate 
        level and duration of services; increased access to the use of 
        medications approved by the Food and Drug Administration for 
        the treatment of substance use disorders in combination with 
        counseling; and other appropriate measures.
            ``(6) State substance abuse agencies defined.--For purposes 
        of this subsection, the term `State substance abuse agency' 
        means, with respect to a State, the agency in such State that 
        manages the Substance Abuse Prevention and Treatment Block 
        Grant under part B of title XIX.''.
            (2) Funding.--Subsection (s) of section 508 of the Public 
        Health Service Act (42 U.S.C. 290bb-1), as amended by 
        subsection (a) and redesignated by paragraph (1), is further 
        amended by adding at the end the following new sentence: ``Of 
        the amounts made available for a year pursuant to the previous 
        sentence to carry out this section, not more than 25 percent of 
        such amounts shall be made available for such year to carry out 
        subsection (r), other than paragraph (5) of such subsection. 
        Notwithstanding the preceding sentence, no funds shall be made 
        available to carry out subsection (r) for a fiscal year unless 
        the amount made available to carry out this section for such 
        fiscal year is more than the amount made available to carry out 
        this section for fiscal year 2016.''.
    (c) Cut-Go Compliance.--Subsection (f) of section 319D of the 
Public Health Service Act (42 U.S.C. 247d-4) is amended by striking 
``through 2018'' and inserting ``through 2016, $133,300,000 for fiscal 
year 2017, and $138,300,000 for fiscal year 2018''.

SEC. 107. ASSISTING VETERANS WITH MILITARY EMERGENCY MEDICAL TRAINING 
              TO MEET REQUIREMENTS FOR BECOMING CIVILIAN EMERGENCY 
              MEDICAL TECHNICIANS.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by inserting after section 314 the following:

``SEC. 315. ASSISTING VETERANS WITH MILITARY EMERGENCY MEDICAL TRAINING 
              TO MEET REQUIREMENTS FOR BECOMING CIVILIAN EMERGENCY 
              MEDICAL TECHNICIANS.

    ``(a) Program.--The Secretary shall establish a program consisting 
of awarding demonstration grants to States to streamline State 
requirements and procedures in order to assist veterans who completed 
military emergency medical technician training while serving in the 
Armed Forces of the United States to meet certification, licensure, and 
other requirements applicable to becoming an emergency medical 
technician in the State.
    ``(b) Use of Funds.--Amounts received as a demonstration grant 
under this section shall be used to prepare and implement a plan to 
streamline State requirements and procedures as described in subsection 
(a), including by--
            ``(1) determining the extent to which the requirements for 
        the education, training, and skill level of emergency medical 
        technicians in the State are equivalent to requirements for the 
        education, training, and skill level of military emergency 
        medical technicians; and
            ``(2) identifying methods, such as waivers, for military 
        emergency medical technicians to forgo or meet any such 
        equivalent State requirements.
    ``(c) Eligibility.--To be eligible for a grant under this section, 
a State shall demonstrate that the State has a shortage of emergency 
medical technicians.
    ``(d) Report.--The Secretary shall submit to the Congress an annual 
report on the program under this section.
    ``(e) Funding.--No additional funds are authorized to be 
appropriated for the purpose of carrying out this section. This section 
shall be carried out using amounts otherwise available for such 
purpose.''.

SEC. 108. INFORMATION MATERIALS AND RESOURCES TO PREVENT ADDICTION 
              RELATED TO YOUTH SPORTS INJURIES.

    (a) Technical Clarification.--Effective as if included in the 
enactment of the Children's Health Act of 2000 (Public Law 106-310), 
section 3405(a) of such Act (114 Stat. 1221) is amended by striking 
``Part E of title III'' and inserting ``Part E of title III of the 
Public Health Service Act''.
    (b) Amendment.--Title III of the Public Health Service Act is 
amended by inserting after part D of such title (42 U.S.C. 254b et 
seq.) the following new part E:

                     ``PART E--OPIOID USE DISORDER

``SEC. 341. INFORMATION MATERIALS AND RESOURCES TO PREVENT ADDICTION 
              RELATED TO YOUTH SPORTS INJURIES.

    ``(a) Report.--The Secretary shall--
            ``(1) not later than 24 months after the date of the 
        enactment of this section, make publicly available a report 
        determining the extent to which informational materials and 
        resources described in subsection (b) are available to 
        teenagers and adolescents who play youth sports, families of 
        such teenagers and adolescents, nurses, youth sports groups, 
        and relevant health care provider groups; and
            ``(2) for purposes of educating and preventing addiction in 
        teenagers and adolescents who are injured playing youth sports 
        and are subsequently prescribed an opioid, not later than 12 
        months after such report is made publicly available and taking 
        into consideration the findings of such report, develop and, in 
        coordination with youth sports groups, disseminate 
        informational materials and resources described in subsection 
        (b) for teenagers and adolescents who play youth sports, 
        families of such teenagers and adolescents, nurses, youth 
        sports groups, and relevant health care provider groups.
    ``(b) Materials and Resources Described.--For purposes of this 
section, the informational materials and resources described in this 
subsection are informational materials and resources with respect to 
youth sports injuries for which opioids are potentially prescribed and 
subsequently potentially lead to addiction, including materials and 
resources focused on the dangers of opioid use and misuse, treatment 
options for such injuries that do not involve the use of opioids, and 
how to seek treatment for addiction.
    ``(c) No Additional Funds.--No additional funds are authorized to 
be appropriated for the purpose of carrying out this section. This 
section shall be carried out using amounts otherwise available for such 
purpose.''.

SEC. 109. LALI'S LAW.

    (a) Opioid Overdose Reversal Medication Access and Education Grant 
Program.--Part E of title III of the Public Health Service Act, as 
added by section 109, is amended by adding at the end the following

``SEC. 342. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND EDUCATION 
              GRANT PROGRAMS.

    ``(a) Grants to States.--The Secretary may make grants to States 
for--
            ``(1) developing standing orders for pharmacies regarding 
        opioid overdose reversal medication;
            ``(2) encouraging pharmacies to dispense opioid overdose 
        reversal medication pursuant to a standing order;
            ``(3) implementing best practices for persons authorized to 
        prescribe medication regarding--
                    ``(A) prescribing opioids for the treatment of 
                chronic pain;
                    ``(B) co-prescribing opioid overdose reversal 
                medication with opioids; and
                    ``(C) discussing the purpose and administration of 
                opioid overdose reversal medication with patients;
            ``(4) developing or adapting training materials and methods 
        for persons authorized to prescribe or dispense medication to 
        use in educating the public regarding--
                    ``(A) when and how to administer opioid overdose 
                reversal medication; and
                    ``(B) steps to be taken after administering opioid 
                overdose reversal medication; and
            ``(5) educating the public regarding--
                    ``(A) the public health benefits of opioid overdose 
                reversal medication; and
                    ``(B) the availability of opioid overdose reversal 
                medication without a person-specific prescription.
    ``(b) Certain Requirement.--A grant may be made under this section 
only if the State involved has authorized standing orders regarding 
opioid overdose reversal medication.
    ``(c) Preference in Making Grants.--In making grants under this 
section, the Secretary shall give preference to States that--
            ``(1) have not issued standing orders regarding opioid 
        overdose reversal medication;
            ``(2) authorize standing orders that permit community-based 
        organizations, substance abuse programs, or other nonprofit 
        entities to acquire, dispense, or administer opioid overdose 
        reversal medication;
            ``(3) authorize standing orders that permit police, fire, 
        or emergency medical services agencies to acquire and 
        administer opioid overdose reversal medication;
            ``(4) have a higher per capita rate of opioid overdoses 
        than other applicant States; or
            ``(5) meet any other criteria deemed appropriate by the 
        Secretary.
    ``(d) Grant Terms.--
            ``(1) Number.--A State may not receive more than 1 grant 
        under this section.
            ``(2) Period.--A grant under this section shall be for a 
        period of 3 years.
            ``(3) Amount.--A grant under this section may not exceed 
        $500,000.
            ``(4) Limitation.--A State may use not more than 20 percent 
        of a grant under this section for educating the public pursuant 
        to subsection (a)(5).
    ``(e) Applications.--To be eligible to receive a grant under this 
section, a State shall submit an application to the Secretary in such 
form and manner and containing such information as the Secretary may 
require, including detailed proposed expenditures of grant funds.
    ``(f) Reporting.--Not later than 3 months after the Secretary 
disburses the first grant payment to any State under this section and 
every 6 months thereafter for 3 years, such State shall submit a report 
to the Secretary that includes the following:
            ``(1) The name and ZIP Code of each pharmacy in the State 
        that dispenses opioid overdose reversal medication under a 
        standing order.
            ``(2) The total number of opioid overdose reversal 
        medication doses dispensed by each such pharmacy, specifying 
        how many were dispensed with or without a person-specific 
        prescription.
            ``(3) The number of pharmacists in the State who have 
        participated in training pursuant to subsection (a)(4).
    ``(g) Definitions.--In this section:
            ``(1) Opioid overdose reversal medication.--The term 
        `opioid overdose reversal medication' means any drug, including 
        naloxone, that--
                    ``(A) blocks opioids from attaching to, but does 
                not itself activate, opioid receptors; or
                    ``(B) inhibits the effects of opioids on opioid 
                receptors.
            ``(2) Standing order.--The term `standing order' means a 
        document prepared by a person authorized to prescribe 
        medication that permits another person to acquire, dispense, or 
        administer medication without a person-specific prescription.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--To carry out this section, there is 
        authorized to be appropriated $5,000,000 for the period of 
        fiscal years 2017 through 2019.
            ``(2) Administrative costs.--Not more than 3 percent of the 
        amounts made available to carry out this section may be used by 
        the Secretary for administrative expenses of carrying out this 
        section.''.
    (b) Cut-Go Compliance.--Subsection (f) of section 319D of the 
Public Health Service Act (42 U.S.C. 247d-4) is amended by inserting 
before the period at the end the following: ``(except such dollar 
amount shall be reduced by $5,000,000 for fiscal year 2017)''.

SEC. 110. OPIOID REVIEW MODERNIZATION.

    (a) FDA Opioid Action Plan.--Chapter V of the Federal Food, Drug, 
and Cosmetic Act is amended by inserting after section 569 of such Act 
(21 U.S.C. 350bbb-8) the following:

``SEC. 569-1. OPIOID ACTION PLAN.

    ``(a) New Drug Application.--
            ``(1) In general.--Subject to paragraph (2), prior to the 
        approval pursuant to an application under section 505(b) of a 
        new drug that is an opioid and does not have abuse-deterrent 
        properties, the Secretary shall refer the application to an 
        advisory committee of the Food and Drug Administration to seek 
        recommendations from such advisory committee.
            ``(2) Public health exemption.--A referral to an advisory 
        committee under paragraph (1) is not required with respect to a 
        new drug if the Secretary--
                    ``(A) finds that such a referral is not in the 
                interest of protecting and promoting public health;
                    ``(B) finds that such a referral is not necessary 
                based on a review of the relevant scientific 
                information; and
                    ``(C) submits a notice containing the rationale for 
                such findings to the Committee on Health, Education, 
                Labor, and Pensions of the Senate and the Committee on 
                Energy and Commerce of the House of Representatives.
    ``(b) Pediatric Opioid Labeling.--The Secretary shall convene the 
Pediatric Advisory Committee of the Food and Drug Administration to 
seek recommendations from such Committee regarding a framework for the 
inclusion of information in the labeling of drugs that are opioids 
relating to the use of such drugs in pediatric populations before the 
Secretary approves any labeling or change to labeling for any drug that 
is an opioid intended for use in a pediatric population.
    ``(c) Sunset.--The requirements of subsections (a) and (b) shall 
cease to be effective on October 1, 2022.''.
    (b) Prescriber Education.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Health and Human Services, 
acting through the Commissioner of Food and Drugs, as part of the Food 
and Drug Administration's evaluation of the Extended-Release/Long-
Acting Opioid Analgesics Risk Evaluation and Mitigation Strategy, and 
in consultation with relevant stakeholders, shall develop 
recommendations regarding education programs for prescribers of opioids 
pursuant to section 505-1 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 355-1), including recommendations on--
            (1) which prescribers should participate in such programs; 
        and
            (2) how often participation in such programs is necessary.
    (c) Guidance on Evaluating the Abuse Deterrence of Generic Solid 
Oral Opioid Drug Products.--Not later than 2 years after the end of the 
period for public comment on the draft guidance entitled ``General 
Principals for Evaluating the Abuse Deterrence of Generic Solid Oral 
Opioid Drug Products'' issued by the Center for Drug Evaluation and 
Research of the Food and Drug Administration in March 2016, the 
Commissioner of Food and Drugs shall publish in the Federal Register a 
final version of such guidance.

SEC. 111. STUDY ON TREATMENT INFRASTRUCTURE.

    Not later than 24 months after the date of enactment of this Act, 
the Comptroller General of the United States shall initiate an 
evaluation, and submit to Congress a report, of the inpatient and 
outpatient treatment capacity, availability, and needs of the United 
States, which shall include, to the extent data are available--
            (1) the capacity of acute residential or inpatient 
        detoxification programs;
            (2) the capacity of inpatient clinical stabilization 
        programs, transitional residential support services, and 
        residential rehabilitation programs;
            (3) the capacity of demographic specific residential or 
        inpatient treatment programs, such as those designed for 
        pregnant women or adolescents;
            (4) geographical differences of the availability of 
        residential and outpatient treatment and recovery options for 
        substance use disorders across the continuum of care;
            (5) the availability of residential and outpatient 
        treatment programs that offer treatment options based on 
        reliable scientific evidence of efficacy for the treatment of 
        substance use disorders, including the use of Food and Drug 
        Administration-approved medicines and evidence-based 
        nonpharmacological therapies;
            (6) the number of patients in residential and specialty 
        outpatient treatment services for substance use disorders;
            (7) an assessment of the need for residential and 
        outpatient treatment for substance use disorders across the 
        continuum of care;
            (8) the availability of residential and outpatient 
        treatment programs to American Indians and Alaska Natives 
        through an Indian health program (as defined by section 4 of 
        the Indian Health Care Improvement Act (25 U.S.C. 1603)); and
            (9) the barriers (including technological barriers) at the 
        Federal, State, and local levels to real-time reporting of de-
        identified information on drug overdoses and ways to overcome 
        such barriers.

SEC. 112. NATIONAL YOUTH RECOVERY INITIATIVE.

    Part II of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797cc et seq.) is amended by adding at the end 
the following:

``SEC. 2999A. NATIONAL YOUTH RECOVERY INITIATIVE.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a high school that has been accredited as a 
                recovery high school by the Association of Recovery 
                Schools;
                    ``(B) an accredited high school that is seeking to 
                establish or expand recovery support services;
                    ``(C) an institution of higher education;
                    ``(D) a recovery program at a nonprofit collegiate 
                institution; or
                    ``(E) a nonprofit organization.
            ``(2) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(3) Recovery program.--The term `recovery program'--
                    ``(A) means a program to help individuals who are 
                recovering from substance use disorders to initiate, 
                stabilize, and maintain healthy and productive lives in 
                the community; and
                    ``(B) includes peer-to-peer support and communal 
                activities to build recovery skills and supportive 
                social networks.
    ``(b) Grants Authorized.--The Secretary of Health and Human 
Services, in coordination with the Secretary of Education, may award 
grants to eligible entities to enable the entities to--
            ``(1) provide substance use disorder recovery support 
        services to young people in high school and enrolled in 
        institutions of higher education;
            ``(2) help build communities of support for young people in 
        recovery through a spectrum of activities such as counseling 
        and health- and wellness-oriented social activities; and
            ``(3) encourage initiatives designed to help young people 
        achieve and sustain recovery from substance use disorders.
    ``(c) Use of Funds.--Grants awarded under subsection (b) may be 
used for activities to develop, support, and maintain youth recovery 
support services, including--
            ``(1) the development and maintenance of a dedicated 
        physical space for recovery programs;
            ``(2) dedicated staff for the provision of recovery 
        programs;
            ``(3) health- and wellness-oriented social activities and 
        community engagement;
            ``(4) establishment of recovery high schools;
            ``(5) coordination of recovery programs with--
                    ``(A) substance use disorder treatment programs and 
                systems;
                    ``(B) providers of mental health services;
                    ``(C) primary care providers and physicians;
                    ``(D) the criminal justice system, including the 
                juvenile justice system;
                    ``(E) employers;
                    ``(F) housing services;
                    ``(G) child welfare services;
                    ``(H) high schools and institutions of higher 
                education; and
                    ``(I) other programs or services related to the 
                welfare of an individual in recovery from a substance 
                use disorder;
            ``(6) the development of peer-to-peer support programs or 
        services; and
            ``(7) additional activities that help youths and young 
        adults to achieve recovery from substance use disorders.
    ``(d) Funding.--There is authorized to be appropriated $5,000,000 
to carry out this section for each of fiscal years 2017 through 2021, 
of which $5,000,000 shall be made available from amounts appropriated 
under section 101(a) of the Opioid Use Disorder Treatment Expansion and 
Modernization Act for fiscal year 2017, to remain available until 
expended.''.

SEC. 113. BUILDING COMMUNITIES OF RECOVERY.

    Part II of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by section 113, is 
amended by adding at the end the following:

``SEC. 2999B. BUILDING COMMUNITIES OF RECOVERY.

    ``(a) Definition.--In this section, the term `recovery community 
organization' means an independent nonprofit organization that--
            ``(1) mobilizes resources within and outside of the 
        recovery community to increase the prevalence and quality of 
        long-term recovery from substance use disorders; and
            ``(2) is wholly or principally governed by people in 
        recovery for substance use disorders who reflect the community 
        served.
    ``(b) Grants Authorized.--The Secretary of Health and Human 
Services may award grants to recovery community organizations to enable 
such organizations to develop, expand, and enhance recovery services.
    ``(c) Federal Share.--The Federal share of the costs of a program 
funded by a grant under this section may not exceed 50 percent.
    ``(d) Use of Funds.--Grants awarded under subsection (b)--
            ``(1) shall be used to develop, expand, and enhance 
        community and statewide recovery support services; and
            ``(2) may be used to--
                    ``(A) advocate for individuals in recovery from 
                substance use disorders;
                    ``(B) build connections between recovery networks, 
                between recovery community organizations, and with 
                other recovery support services, including--
                            ``(i) substance use disorder treatment 
                        programs and systems;
                            ``(ii) providers of mental health services;
                            ``(iii) primary care providers and 
                        physicians;
                            ``(iv) the criminal justice system;
                            ``(v) employers;
                            ``(vi) housing services;
                            ``(vii) child welfare agencies; and
                            ``(viii) other recovery support services 
                        that facilitate recovery from substance use 
                        disorders;
                    ``(C) reduce the stigma associated with substance 
                use disorders;
                    ``(D) conduct public education and outreach on 
                issues relating to substance use disorders and 
                recovery, including--
                            ``(i) how to identify the signs of 
                        addiction;
                            ``(ii) the resources that are available to 
                        individuals struggling with addiction and 
                        families who have a family member struggling 
                        with or being treated for addiction, including 
                        programs that mentor and provide support 
                        services to children;
                            ``(iii) the resources that are available to 
                        help support individuals in recovery; and
                            ``(iv) information on the medical 
                        consequences of substance use disorders, 
                        including neonatal abstinence syndrome and 
                        potential infection with human immunodeficiency 
                        virus and viral hepatitis; and
                    ``(E) carry out other activities that strengthen 
                the network of community support for individuals in 
                recovery.
    ``(e) Funding.--Of the amounts appropriated under section 101(a) of 
the Opioid Use Disorder Treatment Expansion and Modernization Act for 
fiscal year 2017, $25,000,000 shall be made available to carry out this 
section, to remain available until expended''.

             TITLE II--COMPREHENSIVE OPIOID ABUSE REDUCTION

SEC. 201. COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at 
the end the following:

          ``PART LL--COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM

``SEC. 3021. DESCRIPTION.

    ``(a) Grants Authorized.--From amounts made available to carry out 
this part, the Attorney General may make grants to States, units of 
local government, and Indian tribes, for use by the State, unit of 
local government, or Indian tribe to provide services primarily 
relating to opioid abuse, including for any one or more of the 
following:
            ``(1) Developing, implementing, or expanding a treatment 
        alternative to incarceration program, which may include--
                    ``(A) pre-booking or post-booking components, which 
                may include the activities described in part HH of this 
                title;
                    ``(B) training for criminal justice agency 
                personnel on substance use disorders and co-occurring 
                mental illness and substance use disorders;
                    ``(C) a mental health court, including the 
                activities described in part V of this title;
                    ``(D) a drug court, including the activities 
                described in part EE of this title; and
                    ``(E) a veterans treatment court program, including 
                the activities described in subsection (i) of section 
                2991 of this title.
            ``(2) In the case of a State, facilitating or enhancing 
        planning and collaboration between State criminal justice 
        agencies and State substance abuse systems in order to more 
        efficiently and effectively carry out programs described in 
        paragraph (1) that address problems related to opioid abuse.
            ``(3) Providing training and resources for first responders 
        on carrying and administering an opioid overdose reversal drug 
        or device approved by the Food and Drug Administration, and 
        purchasing such a drug or device for first responders who have 
        received such training to carry and administer.
            ``(4) Investigative purposes to locate or investigate 
        illicit activities related to the unlawful distribution of 
        opioids.
            ``(5) Developing, implementing, or expanding a medication-
        assisted treatment program used or operated by a criminal 
        justice agency, which may include training criminal justice 
        agency personnel on medication-assisted treatment, and carrying 
        out the activities described in part S of this title.
            ``(6) In the case of a State, developing, implementing, or 
        expanding a prescription drug monitoring program to collect and 
        analyze data related to the prescribing of schedule II, III, 
        and IV controlled substances through a centralized database 
        administered by an authorized State agency, which includes 
        tracking the dispensation of such substances, and providing for 
        data sharing with other States.
            ``(7) Developing, implementing, or expanding a program to 
        prevent and address opioid abuse by juveniles.
            ``(8) Developing, implementing, or expanding an integrated 
        and comprehensive opioid abuse response program.
    ``(b) Contracts and Subawards.--A State, unit of local government, 
or Indian tribe may, in using a grant under this subpart for purposes 
authorized by subsection (a), use all or a portion of that grant to 
contract with or make one or more subawards to one or more--
            ``(1) local or regional organizations that are private and 
        nonprofit, including faith-based organizations;
            ``(2) units of local government; or
            ``(3) tribal organizations.
    ``(c) Program Assessment Component; Waiver.--
            ``(1) Program assessment component.--Each program funded 
        under this subpart shall contain a program assessment 
        component, developed pursuant to guidelines established by the 
        Attorney General, in coordination with the National Institute 
        of Justice.
            ``(2) Waiver.--The Attorney General may waive the 
        requirement of paragraph (1) with respect to a program if, in 
        the opinion of the Attorney General, the program is not of 
        sufficient size to justify a full program assessment.
    ``(d) Administrative Costs.--Not more than 10 percent of a grant 
made under this subpart may be used for costs incurred to administer 
such grant.
    ``(e) Period.--The period of a grant made under this part may not 
be longer than 4 years, except that renewals and extensions beyond that 
period may be granted at the discretion of the Attorney General.

``SEC. 3022. APPLICATIONS.

    ``To request a grant under this part, the chief executive officer 
of a State, unit of local government, or Indian tribe shall submit an 
application to the Attorney General at such time and in such form as 
the Attorney General may require. Such application shall include the 
following:
            ``(1) A certification that Federal funds made available 
        under this subpart will not be used to supplant State, local, 
        or tribal funds, but will be used to increase the amounts of 
        such funds that would, in the absence of Federal funds, be made 
        available for the activities described in section 3021(a).
            ``(2) An assurance that, for each fiscal year covered by an 
        application, the applicant shall maintain and report such data, 
        records, and information (programmatic and financial) as the 
        Attorney General may reasonably require.
            ``(3) A certification, made in a form acceptable to the 
        Attorney General and executed by the chief executive officer of 
        the applicant (or by another officer of the applicant, if 
        qualified under regulations promulgated by the Attorney 
        General), that--
                    ``(A) the programs to be funded by the grant meet 
                all the requirements of this part;
                    ``(B) all the information contained in the 
                application is correct;
                    ``(C) there has been appropriate coordination with 
                affected agencies; and
                    ``(D) the applicant will comply with all provisions 
                of this part and all other applicable Federal laws.
            ``(4) An assurance that the applicant will work with the 
        Drug Enforcement Administration to develop an integrated and 
        comprehensive strategy to address opioid abuse.

``SEC. 3023. REVIEW OF APPLICATIONS.

    ``The Attorney General shall not finally disapprove any application 
(or any amendment to that application) submitted under this part 
without first affording the applicant reasonable notice of any 
deficiencies in the application and opportunity for correction and 
reconsideration.

``SEC. 3024. GEOGRAPHIC DIVERSITY.

    ``The Attorney General shall ensure equitable geographic 
distribution of grants under this part and take into consideration the 
needs of underserved populations, including rural and tribal 
communities.

``SEC. 3025. DEFINITIONS.

    ``In this part:
            ``(1) The term `first responder' includes a firefighter, 
        law enforcement officer, paramedic, emergency medical 
        technician, or other individual (including an employee of a 
        legally organized and recognized volunteer organization, 
        whether compensated or not), who, in the course of professional 
        duties, responds to fire, medical, hazardous material, or other 
        similar emergencies.
            ``(2) The term `medication-assisted treatment' means the 
        use of medications approved by the Food and Drug Administration 
        for the treatment of opioid abuse.
            ``(3) The term `opioid' means any drug, including heroin, 
        having an addiction-forming or addiction-sustaining liability 
        similar to morphine or being capable of conversion into a drug 
        having such addiction-forming or addiction-sustaining 
        liability.
            ``(4) The term `schedule II, III, or IV controlled 
        substance' means a controlled substance that is listed on 
        schedule II, schedule III, or schedule IV of section 202(c) of 
        the Controlled Substances Act (21 U.S.C. 812(c)).
            ``(5) The terms `drug' and `device' have the meanings given 
        those terms in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321).
            ``(6) The term `criminal justice agency' means a State, 
        local, or tribal--
                    ``(A) court;
                    ``(B) prison;
                    ``(C) jail;
                    ``(D) law enforcement agency; or
                    ``(E) other agency that performs the administration 
                of criminal justice, including prosecution, pretrial 
                services, and community supervision.
            ``(7) The term `tribal organization' has the meaning given 
        that term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).''.
    (b) Funding.--There is authorized to be appropriated $65,000,000 to 
carry out this section, section 203, and section 204 (including the 
amendments made by such sections) for the period of fiscal years 2017 
through 2021, of which $65,000,000 shall be made available from amounts 
appropriated under section 101(a) of the Opioid Use Disorder Treatment 
Expansion and Modernization Act for fiscal year 2017, to remain 
available until expended.

SEC. 202. AUDIT AND ACCOUNTABILITY OF GRANTEES.

    (a) Definitions.--In this section--
            (1) the term ``covered grant program'' means a grant 
        program operated by the Department of Justice;
            (2) the term ``covered grantee'' means a recipient of a 
        grant from a covered grant program;
            (3) the term ``nonprofit'', when used with respect to an 
        organization, means an organization that is described in 
        section 501(c)(3) of the Internal Revenue Code of 1986, and is 
        exempt from taxation under section 501(a) of such Code; and
            (4) the term ``unresolved audit finding'' means an audit 
        report finding in a final audit report of the Inspector General 
        of the Department of Justice that a covered grantee has used 
        grant funds awarded to that grantee under a covered grant 
        program for an unauthorized expenditure or otherwise 
        unallowable cost that is not closed or resolved during a 12-
        month period prior to the date on which the final audit report 
        is issued.
    (b) Audit Requirement.--Beginning in fiscal year 2016, and annually 
thereafter, the Inspector General of the Department of Justice shall 
conduct audits of covered grantees to prevent waste, fraud, and abuse 
of funds awarded under covered grant programs. The Inspector General 
shall determine the appropriate number of covered grantees to be 
audited each year.
    (c) Mandatory Exclusion.--A grantee that is found to have an 
unresolved audit finding under an audit conducted under subsection (b) 
may not receive grant funds under a covered grant program in the fiscal 
year following the fiscal year to which the finding relates.
    (d) Reimbursement.--If a covered grantee is awarded funds under the 
covered grant program from which it received a grant award during the 
1-fiscal-year period during which the covered grantee is ineligible for 
an allocation of grant funds under subsection (c), the Attorney General 
shall--
            (1) deposit into the General Fund of the Treasury an amount 
        that is equal to the amount of the grant funds that were 
        improperly awarded to the covered grantee; and
            (2) seek to recoup the costs of the repayment to the Fund 
        from the covered grantee that was improperly awarded the grant 
        funds.
    (e) Priority of Grant Awards.--The Attorney General, in awarding 
grants under a covered grant program shall give priority to eligible 
entities that during the 2-year period preceding the application for a 
grant have not been found to have an unresolved audit finding.
    (f) Nonprofit Requirements.--
            (1) Prohibition.--A nonprofit organization that holds money 
        in offshore accounts for the purpose of avoiding the tax 
        described in section 511(a) of the Internal Revenue Code of 
        1986, shall not be eligible to receive, directly or indirectly, 
        any funds from a covered grant program.
            (2) Disclosure.--Each nonprofit organization that is a 
        covered grantee shall disclose in its application for such a 
        grant, as a condition of receipt of such a grant, the 
        compensation of its officers, directors, and trustees. Such 
        disclosure shall include a description of the criteria relied 
        on to determine such compensation.

SEC. 203. VETERANS TREATMENT COURTS.

    Section 2991 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797aa) is amended--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following:
    ``(i) Assisting Veterans.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Peer to peer services or programs.--The term 
                `peer to peer services or programs' means services or 
                programs that connect qualified veterans with other 
                veterans for the purpose of providing support and 
                mentorship to assist qualified veterans in obtaining 
                treatment, recovery, stabilization, or rehabilitation.
                    ``(B) Qualified veteran.--The term `qualified 
                veteran' means a preliminarily qualified offender who--
                            ``(i) served on active duty in any branch 
                        of the Armed Forces, including the National 
                        Guard or Reserves; and
                            ``(ii) was discharged or released from such 
                        service under conditions other than 
                        dishonorable.
                    ``(C) Veterans treatment court program.--The term 
                `veterans treatment court program' means a court 
                program involving collaboration among criminal justice, 
                veterans, and mental health and substance abuse 
                agencies that provides qualified veterans with--
                            ``(i) intensive judicial supervision and 
                        case management, which may include random and 
                        frequent drug testing where appropriate;
                            ``(ii) a full continuum of treatment 
                        services, including mental health services, 
                        substance abuse services, medical services, and 
                        services to address trauma;
                            ``(iii) alternatives to incarceration; or
                            ``(iv) other appropriate services, 
                        including housing, transportation, mentoring, 
                        employment, job training, education, or 
                        assistance in applying for and obtaining 
                        available benefits.
            ``(2) Veterans assistance program.--
                    ``(A) In general.--The Attorney General, in 
                consultation with the Secretary of Veterans Affairs, 
                may award grants under this subsection to applicants to 
                establish or expand--
                            ``(i) veterans treatment court programs;
                            ``(ii) peer to peer services or programs 
                        for qualified veterans;
                            ``(iii) practices that identify and provide 
                        treatment, rehabilitation, legal, transitional, 
                        and other appropriate services to qualified 
                        veterans who have been incarcerated; or
                            ``(iv) training programs to teach criminal 
                        justice, law enforcement, corrections, mental 
                        health, and substance abuse personnel how to 
                        identify and appropriately respond to incidents 
                        involving qualified veterans.
                    ``(B) Priority.--In awarding grants under this 
                subsection, the Attorney General shall give priority to 
                applications that--
                            ``(i) demonstrate collaboration between and 
                        joint investments by criminal justice, mental 
                        health, substance abuse, and veterans service 
                        agencies;
                            ``(ii) promote effective strategies to 
                        identify and reduce the risk of harm to 
                        qualified veterans and public safety; and
                            ``(iii) propose interventions with 
                        empirical support to improve outcomes for 
                        qualified veterans.''.

SEC. 204. EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE.

    Section 609Y(a) of the Justice Assistance Act of 1984 (42 U.S.C. 
10513(a)) is amended by striking ``September 30, 1984'' and inserting 
``September 30, 2021''.

SEC. 205. OPIOID PROGRAM EVALUATION ACT.

    (a) Short Title.--This section may be cited as the ``Opioid Program 
Evaluation Act'' or the ``OPEN Act''.
    (b) Evaluation of Performance of Department of Justice Program.--
            (1) Evaluation of justice department comprehensive opioid 
        abuse grant program.--Not later than 5 years after the date of 
        enactment of this Act, the Attorney General shall complete an 
        evaluation of the effectiveness of the Comprehensive Opioid 
        Abuse Grant Program under part LL of the Omnibus Crime Control 
        and Safe Streets Act of 1968 administered by the Department of 
        Justice based upon the information reported under paragraph (4) 
        of this subsection.
            (2) Interim evaluation.--Not later than 3 years after the 
        date of enactment of this Act, the Attorney General shall 
        complete an interim evaluation assessing the nature and extent 
        of the incidence of opioid abuse and illegal opioid 
        distribution in the United States.
            (3) Metrics and outcomes for evaluation.--Not later than 
        180 days after the date of enactment of this Act, the Attorney 
        General shall identify outcomes that are to be achieved by 
        activities funded by the Comprehensive Opioid Grant Abuse 
        Program and the metrics by which the achievement of such 
        outcomes shall be determined.
            (4) Metrics data collection.--The Attorney General shall 
        require grantees under the Comprehensive Opioid Abuse Grant 
        Program (and those receiving subawards under section 3021(b) of 
        part LL of the Omnibus Crime Control and Safe Streets Act of 
        1968) to collect and annually report to the Department of 
        Justice data based upon the metrics identified under paragraph 
        (3).
            (5) Publication of data and findings.--
                    (A) Publication of outcomes and metrics.--The 
                Attorney General shall, not later than 30 days after 
                completion of the requirement under paragraph (3), 
                publish the outcomes and metrics identified under that 
                paragraph.
                    (B) Publication of evaluation.--In the case of the 
                interim evaluation under paragraph (2), and the final 
                evaluation under paragraph (1), the Secretary shall 
                arrange for an independent, external evaluator to, not 
                later than 90 days after such an evaluation is 
                completed, publish the results of such evaluation and 
                issue a report on such evaluation to the Committee on 
                the Judiciary of the House of Representatives and the 
                Committee on the Judiciary of the Senate. Such report 
                shall also be published along with the data used to 
                make such evaluation.
            (6) Arrangement with the national academy of sciences.--For 
        purposes of paragraphs (1), (2), and (3), the Attorney General 
        shall enter into an arrangement with the National Academy of 
        Sciences.
    (c) Evaluation of Performance of Department of Health and Human 
Services Program.--
            (1) Evaluation of justice department comprehensive opioid 
        abuse grant program.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall complete an evaluation of any program 
        administered by the Secretary that provides grants for the 
        primary purpose of providing assistance in addressing problems 
        pertaining to opioid abuse based upon the information reported 
        under paragraph (4) of this subsection.
            (2) Interim evaluation.--Not later than 3 years after the 
        date of enactment of this Act, the Secretary shall complete an 
        interim evaluation assessing the nature and extent of the 
        incidence of opioid abuse and illegal opioid distribution in 
        the United States.
            (3) Metrics and outcomes for evaluation.--Not later than 
        180 days after the date of enactment of this Act, the Secretary 
        shall identify outcomes that are to be achieved by activities 
        funded by the programs described in paragraph (1) and the 
        metrics by which the achievement of such outcomes shall be 
        determined.
            (4) Metrics data collection.--The Secretary shall require 
        grantees under the programs described in paragraph (1) to 
        collect and annually report to the Department of Health and 
        Human Services data based upon the metrics identified under 
        paragraph (3).
            (5) Publication of data and findings.--
                    (A) Publication of outcomes and metrics.--The 
                Secretary shall, not later than 30 days after 
                completion of the requirement under paragraph (3), 
                publish the outcomes and metrics identified under that 
                paragraph.
                    (B) Publication of evaluation.--In the case of the 
                interim evaluation under subparagraph (B), and each 
                final evaluation under paragraph (1), the Secretary 
                shall arrange for an independent, external evaluator 
                to, not later than 90 days after such an evaluation is 
                completed, publish the results of such evaluation and 
                issue a report on such evaluation to the Committee on 
                Energy and Commerce of the House of Representatives and 
                the Committee on Health, Education, Labor, and Pensions 
                of the Senate. Such report shall also be published 
                along with the data used to make such evaluation.
            (6) Arrangement with an independent, external evaluator.--
        For purposes of paragraphs (1), (2), (3), and (5), the 
        Secretary shall enter into an arrangement with an independent, 
        external evaluator.
    (d) Definition.--In this section, the term ``opioid'' has the 
meaning given the term ``opiate'' in section 102 of the Controlled 
Substances Act (21 U.S.C. 802).
    (e) No Additional Funds Authorized.--No additional funds are 
authorized to be appropriated to carry out this Act.

SEC. 206. GOOD SAMARITAN ASSESSMENT ACT.

    (a) GAO Study on Good Samaritan Laws Pertaining to Treatment of 
Opioid Overdoses.--The Comptroller General of the United States shall 
submit to the Committee on the Judiciary of the House of 
Representatives, the Committee on Oversight and Government Reform of 
the House of Representatives, the Committee on the Judiciary of the 
Senate, and the Committee on Homeland Security and Governmental Affairs 
of the Senate a report on--
            (1) the extent to which the Director of National Drug 
        Control Policy has reviewed Good Samaritan laws, and any 
        findings from such a review, including findings related to the 
        potential effects of such laws, if available;
            (2) efforts by the Director to encourage the enactment of 
        Good Samaritan laws; and
            (3) a compilation of Good Samaritan laws in effect in the 
        States, the territories, and the District of Columbia.
    (b) Definitions.--In this section--
            (1) the term ``Good Samaritan law'' means a law of a State 
        or unit of local government that exempts from criminal or civil 
        liability any individual who administers an opioid overdose 
        reversal drug or device, or who contacts emergency services 
        providers in response to an overdose; and
            (2) the term ``opioid'' means any drug, including heroin, 
        having an addiction-forming or addiction-sustaining liability 
        similar to morphine or being capable of conversion into a drug 
        having such addiction-forming or addiction-sustaining 
        liability.

 TITLE III--PROMOTING RESPONSIBLE OPIOID MANAGEMENT AND INCORPORATING 
                          SCIENTIFIC EXPERTISE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Promoting Responsible Opioid 
Management and Incorporating Scientific Expertise Act'' or the ``Jason 
Simcakoski PROMISE Act''.

             Subtitle A--Opioid Therapy and Pain Management

SEC. 311. GUIDELINES ON MANAGEMENT OF OPIOID THERAPY BY DEPARTMENT OF 
              VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE AND 
              IMPLEMENTATION OF SUCH GUIDELINES BY DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs and the 
Secretary of Defense shall jointly update the VA/DOD Clinical Practice 
Guideline for Management of Opioid Therapy for Chronic Pain to include 
the following:
            (1) In accordance with subsection (b), common recommended 
        guidelines for safely prescribing opioids for the treatment of 
        chronic, non-cancer pain in outpatient settings as compiled by 
        the Director of the Centers for Disease Control and Prevention.
            (2) Enhanced guidance with respect to--
                    (A) the administration of two or more drugs that 
                may result in a life-limiting drug-to-drug interaction, 
                including benzodiazepines;
                    (B) the treatment of patients with current acute 
                psychiatric instability or substance use disorder or 
                patients at risk of suicide; and
                    (C) the use of opioid therapy to treat mental 
                health disorders other than opioid use disorder.
            (3) Enhanced guidance with respect to the treatment of 
        patients with behaviors or comorbidities, such as post-
        traumatic stress disorder, psychiatric disorders, or a history 
        of substance abuse or addiction, that requires a consultation 
        or comanagement of opioid therapy with one or more specialists 
        in pain management, mental health, or addictions.
            (4) Enhanced guidance with respect to the conduct by health 
        care providers of an effective assessment for patients 
        receiving opioid therapy, including patients on long-term 
        opioid therapy, to determine--
                    (A) whether opioid therapy is meeting the expected 
                goals of the patient and health care provider of 
                relieving pain, improving function, and providing 
                patient satisfaction; and
                    (B) whether opioid therapy should be continued.
            (5) Guidance that each health care provider of the 
        Department of Veterans Affairs and the Department of Defense, 
        before initiating opioid therapy to treat a patient as part of 
        the comprehensive assessment conducted by the health care 
        provider, use the Opioid Therapy Risk Report tool of the 
        Department of Veterans Affairs (or successor tool), which shall 
        include the ability to access the most recent patient 
        information from the prescription drug monitoring program of 
        each State that has such a program to assess the risk for 
        adverse outcomes of opioid therapy for the patient, including 
        with respect to the concurrent use of controlled substances, 
        including benzodiazepines.
            (6) Guidelines to govern the methodologies used by health 
        care providers of the Department of Veterans Affairs and the 
        Department of Defense to safely titrate and taper opioid 
        therapy when adjusting or discriminating the use of opioid 
        therapy, including with respect to--
                    (A) prescription of the lowest effective dose based 
                on patient need;
                    (B) use of opioid only for a limited period of 
                time; and
                    (C) augmentation of opioid therapy with other pain 
                management therapies and modalities.
            (7) Guidelines with respect to appropriate case management 
        for patients receiving opioid therapy who transition between 
        inpatient and outpatient health care settings, which may 
        include the use of care transition plans.
            (8) Guidelines with respect to appropriate transfer of case 
        management responsibility for patients receiving opioid therapy 
        who transition from receiving care furnished by the Secretary 
        of Defense to receiving care furnished by other health care 
        providers after the patient has been discharged or separated 
        from the Armed Forces.
            (9) Enhanced standards with respect to the use of routine 
        and random urine drug tests for all patients before and during 
        opioid therapy to help prevent substance abuse, dependence, and 
        diversion, including--
                    (A) that such tests occur not less frequently than 
                once each year; and
                    (B) that health care providers appropriately 
                interpret and respond to the results from such tests to 
                tailor pain therapy, safeguards, and risk management 
                strategies to each patient.
            (10) Guidance that health care providers discuss with 
        patients, before initiating opioid therapy, options for pain 
        management therapies without the use of opioids and options to 
        augment opioid therapy with other clinical and complementary 
        and integrative health services to minimize opioid dependence.
    (b) Treatment of Certain Guidelines Developed After Deadline.--If 
the Director of the Centers for Disease Control and Prevention issues 
the guidelines described in paragraph (1) of subsection (a) after the 
date on which the Secretary of Veterans Affairs and the Secretary of 
Defense jointly update the VA/DOD Clinical Practice Guideline for 
Management of Opioid Therapy for Chronic Pain pursuant to such 
subsection, the Secretaries shall jointly modify the VA/DOD Clinical 
Practice Guideline for Management of Opioid Therapy for Chronic Pain to 
incorporate such guidelines of the Director.
    (c) Consultation Before Update.--Before updating the guideline 
under subsection (a), the Secretary of Veterans Affairs and the 
Secretary of Defense shall jointly consult with the Pain Management 
Working Group of the Department of Veterans Affairs-Department of 
Defense Joint Executive Committee established by section 320 of title 
38, United States Code.
    (d) Definitions.--In this section:
            (1) The term ``controlled substance'' has the meaning given 
        that term in section 102 of the Controlled Substances Act (21 
        U.S.C. 802).
            (2) The term ``State'' means each of the several States, 
        territories, and possessions of the United States, the District 
        of Columbia, and the Commonwealth of Puerto Rico.

SEC. 312. IMPROVEMENT OF OPIOID SAFETY MEASURES BY DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) Expansion of Opioid Safety Initiative.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Veterans 
Affairs shall expand the Opioid Safety Initiative of the Department of 
Veterans Affairs to include all medical facilities of the Department.
    (b) Pain Management Education and Training.--
            (1) In general.--In carrying out the Opioid Safety 
        Initiative of the Department, the Secretary shall require all 
        employees of the Department responsible for prescribing opioids 
        to receive education and training described in paragraph (2).
            (2) Education and training.--Education and training 
        described in this paragraph is education and training on pain 
        management and safe opioid prescribing practices for purposes 
        of safely and effectively managing patients with chronic pain, 
        including education and training on the following:
                    (A) The implementation of and full compliance with 
                the VA/DOD Clinical Practice Guideline for Management 
                of Opioid Therapy for Chronic Pain, including any 
                update to such guideline.
                    (B) The use of evidence-based pain management 
                therapies, including cognitive-behavioral therapy, non-
                opioid alternatives, and non-drug methods and 
                procedures to managing pain and related health 
                conditions including complementary alternative 
                medicines.
                    (C) Screening and identification of patients with 
                substance use disorder, including drug-seeking 
                behavior, before prescribing opioids, assessment of 
                risk potential for patients developing an addiction, 
                and referral of patients to appropriate addiction 
                treatment professionals if addiction is identified or 
                strongly suspected.
                    (D) Communication with patients on the potential 
                harm associated with the use of opioids and other 
                controlled substances, including the need to safely 
                store and dispose of supplies relating to the use of 
                opioids and other controlled substances.
                    (E) Such other education and training as the 
                Secretary considers appropriate to ensure that veterans 
                receive safe and high-quality pain management care from 
                the Department.
            (3) Use of existing program.--In providing education and 
        training described in paragraph (2), the Secretary shall use 
        the Interdisciplinary Chronic Pain Management Training Team 
        Program of the Department (or success program).
    (c) Pain Management Teams.--
            (1) In general.--In carrying out the Opioid Safety 
        Initiative of the Department, the director of each medical 
        facility of the Department shall identify and designate a pain 
        management team of health care professionals, which may include 
        board certified pain medicine specialists, responsible for 
        coordinating and overseeing pain management therapy at such 
        facility for patients experiencing acute and chronic pain that 
        is non-cancer related.
            (2) Establishment of protocols.--
                    (A) In general.--In consultation with the Directors 
                of each Veterans Integrated Service Network, the 
                Secretary shall establish standard protocols for the 
                designation of pain management teams at each medical 
                facility within the Department.
                    (B) Consultation on prescription of opioids.--Each 
                protocol established under subparagraph (A) shall 
                ensure that any health care provider without expertise 
                in prescribing analgesics or who has not completed the 
                education and training under subsection (b), including 
                a mental health care provider, does not prescribe 
                opioids to a patient unless that health care provider--
                            (i) consults with a health care provider 
                        with pain management expertise or who is on the 
                        pain management team of the medical facility; 
                        and
                            (ii) refers the patient to the pain 
                        management team for any subsequent 
                        prescriptions and related therapy.
            (3) Report.--
                    (A) In general.--Not later than one year after the 
                date of enactment of this Act, the director of each 
                medical facility of the Department shall submit to the 
                Under Secretary for Health and the director of the 
                Veterans Integrated Service Network in which the 
                medical facility is located a report identifying the 
                health care professionals that have been designated as 
                members of the pain management team at the medical 
                facility pursuant to paragraph (1).
                    (B) Elements.--Each report submitted under 
                subparagraph (A) with respect to a medical facility of 
                the Department shall include--
                            (i) a certification as to whether all 
                        members of the pain management team at the 
                        medical facility have completed the education 
                        and training required under subsection (b); and
                            (ii) a plan for the management and referral 
                        of patients to such pain management team if 
                        health care providers without expertise in 
                        prescribing analgesics prescribe opioid 
                        medications to treat acute and chronic pain 
                        that is non-cancer related.
    (d) Tracking and Monitoring of Opioid Use.--
            (1) Prescription drug monitoring programs of states.--In 
        carrying out the Opioid Safety Initiative and the Opioid 
        Therapy Risk Report tool of the Department, the Secretary 
        shall--
                    (A) ensure access by health care providers of the 
                Department to information on controlled substances, 
                including opioids and benzodiazepines, prescribed to 
                veterans who receive care outside the Department 
                through the prescription drug monitoring program of 
                each State with such a program, including by seeking to 
                enter into memoranda of understanding with States to 
                allow shared access of such information between States 
                and the Department;
                    (B) include such information in the Opioid Therapy 
                Risk Report; and
                    (C) require health care providers of the Department 
                to submit to the prescription drug monitoring program 
                of each State information on prescriptions of 
                controlled substances received by veterans in that 
                State under the laws administered by the Secretary.
            (2) Report on tracking of data on opioid use.--Not later 
        than 18 months after the date of the enactment of this Act, the 
        Secretary shall submit to the Committee on Veterans' Affairs of 
        the Senate and the Committee on Veterans' Affairs of the House 
        of Representatives a report on the feasibility and advisability 
        of improving the Opioid Therapy Risk Report tool of the 
        Department to allow for more advanced real-time tracking of and 
        access to data on--
                    (A) the key clinical indicators with respect to the 
                totality of opioid use by veterans;
                    (B) concurrent prescribing by health care providers 
                of the Department of opioids in different health care 
                settings, including data on concurrent prescribing of 
                opioids to treat mental health disorders other than 
                opioid use disorder; and
                    (C) mail-order prescriptions of opioid prescribed 
                to veterans under the laws administered by the 
                Secretary.
    (e) Availability of Opioid Receptor Antagonists.--
            (1) Increased availability and use.--
                    (A) In general.--The Secretary shall maximize the 
                availability of opioid receptor antagonists approved by 
                the Food and Drug Administration, including naloxone, 
                to veterans.
                    (B) Availability, training, and distributing.--In 
                carrying out subparagraph (A), not later than 90 days 
                after the date of the enactment of this Act, the 
                Secretary shall--
                            (i) equip each pharmacy of the Department 
                        with opioid receptor antagonists approved by 
                        the Food and Drug Administration to be 
                        dispensed to outpatients as needed; and
                            (ii) expand the Overdose Education and 
                        Naloxone Distribution program of the Department 
                        to ensure that all veterans in receipt of 
                        health care under laws administered by the 
                        Secretary who are at risk of opioid overdose 
                        may access such opioid receptor antagonists and 
                        training on the proper administration of such 
                        opioid receptor antagonists.
                    (C) Veterans who are at risk.--For purposes of 
                subparagraph (B), veterans who are at risk of opioid 
                overdose include--
                            (i) veterans receiving long-term opioid 
                        therapy;
                            (ii) veterans receiving opioid therapy who 
                        have a history of substance use disorder or 
                        prior instances of overdose; and
                            (iii) veterans who are at risk as 
                        determined by a health care provider who is 
                        treating the veteran.
            (2) Report.--Not later than 120 days after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives a report 
        on carrying out paragraph (1), including an assessment of any 
        remaining steps to be carried out by the Secretary to carry out 
        such paragraph.
    (f) Inclusion of Certain Information and Capabilities in Opioid 
Therapy Risk Report Tool of the Department.--
            (1) Information.--The Secretary shall include in the Opioid 
        Therapy Risk Report tool of the Department--
                    (A) information on the most recent time the tool 
                was accessed by a health care provider of the 
                Department with respect to each veteran; and
                    (B) information on the results of the most recent 
                urine drug test for each veteran.
            (2) Capabilities.--The Secretary shall include in the 
        Opioid Therapy Risk Report tool the ability of the health care 
        providers of the Department to determine whether a health care 
        provider of the Department prescribed opioids to a veteran 
        without checking the information in the tool with respect to 
        the veteran.
    (g) Notifications of Risk in Computerized Health Record.--The 
Secretary shall modify the computerized patient record system of the 
Department to ensure that any health care provider that accesses the 
record of a veteran, regardless of the reason the veteran seeks care 
from the health care provider, will be immediately notified whether the 
veteran--
            (1) is receiving opioid therapy and has a history of 
        substance use disorder or prior instances of overdose;
            (2) has a history of opioid abuse; or
            (3) is at risk of becoming an opioid abuser as determined 
        by a health care provider who is treating the veteran.
    (h) Definitions.--In this section:
            (1) The term ``controlled substance'' has the meaning given 
        that term in section 102 of the Controlled Substances Act (21 
        U.S.C. 802).
            (2) The term ``State'' means each of the several States, 
        territories, and possessions of the United States, the District 
        of Columbia, and the Commonwealth of Puerto Rico.

SEC. 313. STRENGTHENING OF JOINT WORKING GROUP ON PAIN MANAGEMENT OF 
              THE DEPARTMENT OF VETERANS AFFAIRS AND THE DEPARTMENT OF 
              DEFENSE.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Veterans Affairs and the Secretary of 
Defense shall ensure that the Pain Management Working Group of the 
Health Executive Committee of the Department of Veterans Affairs-
Department of Defense Joint Executive Committee established under 
section 320 of title 38, United States Code, includes a focus on the 
following:
            (1) The opioid prescribing practices of health care 
        providers of each Department.
            (2) The ability of each Department to manage acute and 
        chronic pain among individuals receiving health care from the 
        Department, including training health care providers with 
        respect to pain management.
            (3) The use by each Department of complementary and 
        integrative health and complementary alternative medicines in 
        treating such individuals.
            (4) The concurrent use by health care providers of each 
        Department of opioids and prescription drugs to treat mental 
        health disorders, including benzodiazepines.
            (5) The practice by health care providers of each 
        Department of prescribing opioids to treat mental health 
        disorders.
            (6) The coordination in coverage of and consistent access 
        to medications prescribed for patients transitioning from 
        receiving health care from the Department of Defense to 
        receiving health care from the Department of Veterans Affairs.
            (7) The ability of each Department to identify and treat 
        substance use disorders among individuals receiving health care 
        from that Department.
    (b) Coordination and Consultation.--The Secretary of Veterans 
Affairs and the Secretary of Defense shall ensure that the working 
group described in subsection (a)--
            (1) coordinates the activities of the working group with 
        other relevant working groups established under section 320 of 
        title 38, United States Code, including the working groups on 
        evidence-based practice, patient safety, pharmacy, 
        psychological health, and psychological health;
            (2) consults with other relevant Federal agencies, 
        including the Centers for Disease Control and Prevention, with 
        respect to the activities of the working group; and
            (3) consults with the Department of Veterans Affairs and 
        the Department of Defense with respect to, reviews, and 
        comments on the VA/DOD Clinical Practice Guideline for 
        Management of Opioid Therapy for Chronic Pain, or any successor 
        guideline, before any update to the guideline is released.
    (c) Consultations.--The Secretary of Veterans Affairs and the 
Secretary of Defense shall ensure that the working group described in 
subsection (a) is able to meaningfully consult with respect to the 
updated guideline required under subsection (a) of section 311, as 
required by subsection (b) of such section, not later than 1 year after 
the date of enactment of this Act.

SEC. 314. REVIEW, INVESTIGATION, AND REPORT ON USE OF OPIOIDS IN 
              TREATMENT BY DEPARTMENT OF VETERANS AFFAIRS.

    (a) Comptroller General Report.--
            (1) In general.--Not later than two years after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall submit to the Committee on Veterans' 
        Affairs of the Senate and the Committee on Veterans' Affairs of 
        the House of Representatives a report on the Opioid Safety 
        Initiative of the Department of Veterans Affairs and the opioid 
        prescribing practices of health care providers of the 
        Department.
            (2) Elements.--The report submitted under paragraph (1) 
        shall include the following:
                    (A) Recommendations on such improvements to the 
                Opioid Safety Initiative of the Department as the 
                Comptroller General considers appropriate.
                    (B) Information with respect to--
                            (i) deaths resulting from sentinel events 
                        involving veterans prescribed opioids by a 
                        health care provider of the Department;
                            (ii) overall prescription rates and 
                        prescriptions indications of opioids to treat 
                        non-cancer, non-palliative, and non-hospice 
                        care patients;
                            (iii) the prescription rates and 
                        prescriptions indications of benzodiazepines 
                        and opioids concomitantly by health care 
                        providers of the Department;
                            (iv) the practice by health care providers 
                        of the Department of prescribing opioids to 
                        treat patients without any pain, including to 
                        treat patients with mental health disorders 
                        other than opioid use disorder; and
                            (v) the effectiveness of opioid therapy for 
                        patients receiving such therapy, including the 
                        effectiveness of long-term opioid therapy.
                    (C) An evaluation of processes of the Department in 
                place to oversee opioid use among veterans, including 
                procedures to identify and remedy potential over-
                prescribing of opioids by health care providers of the 
                Department.
                    (D) An assessment of the implementation by the 
                Secretary of the VA/DOD Clinical Practice Guideline for 
                Management of Opioid Therapy for Chronic Pain.
    (b) Quarterly Progress Report on Implementation of Comptroller 
General Recommendations.--Not later than two years after the date of 
the enactment of this Act, and not later than 30 days after the end of 
each quarter thereafter, the Secretary of Veterans Affairs shall submit 
to the Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives a progress report 
detailing the actions by the Secretary during the period covered by the 
report to address any outstanding findings and recommendations by the 
Comptroller General of the United States under subsection (a) with 
respect to the Veterans Health Administration.
    (c) Annual Review of Prescription Rates.--Not later than one year 
after the date of the enactment of this Act, and not less frequently 
than annually for the following five years, the Secretary shall submit 
to the Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives a report, with 
respect to each medical facility of the Department of Veterans Affairs, 
to collect and review information on opioids prescribed by health care 
providers at the facility to treat non-cancer, non-palliative, and non-
hospice care patients that contains, for the one-year period preceding 
the submission of the report, the following:
            (1) The number of patients and the percentage of the 
        patient population of the Department who were prescribed 
        benzodiazepines and opioids concurrently by a health care 
        provider of the Department.
            (2) The number of patients and the percentage of the 
        patient population of the Department without any pain who were 
        prescribed opioids by a health care provider of the Department, 
        including those who were prescribed benzodiazepines and opioids 
        concurrently.
            (3) The number of non-cancer, non-palliative, and non-
        hospice care patients and the percentage of such patients who 
        were treated with opioids by a health care provider of the 
        Department on an inpatient-basis and who also received 
        prescription opioids by mail from the Department while being 
        treated on an inpatient-basis.
            (4) The number of non-cancer, non-palliative, and non-
        hospice care patients and the percentage of such patients who 
        were prescribed opioids concurrently by a health care provider 
        of the Department and a health care provider that is not health 
        care provider of the Department.
            (5) With respect to each medical facility of the 
        Department, information on opioids prescribed by health care 
        providers at the facility to treat non-cancer, non-palliative, 
        and non-hospice care patients, including information on--
                    (A) the prescription rate at which each health care 
                provider at the facility prescribed benzodiazepines and 
                opioids concurrently to such patients and the aggregate 
                such prescription rate for all health care providers at 
                the facility;
                    (B) the prescription rate at which each health care 
                provider at the facility prescribed benzodiazepines or 
                opioids to such patients to treat conditions for which 
                benzodiazepines or opioids are not approved treatment 
                and the aggregate such prescription rate for all health 
                care providers at the facility;
                    (C) the prescription rate at which each health care 
                provider at the facility prescribed or dispensed mail-
                order prescriptions of opioids to such patients while 
                such patients were being treated with opioids on an 
                inpatient-basis and the aggregate of such prescription 
                rate for all health care providers at the facility; and
                    (D) the prescription rate at which each health care 
                provider at the facility prescribed opioids to such 
                patients who were also concurrently prescribed opioids 
                by a health care provider that is not a health care 
                provider of the Department and the aggregate of such 
                prescription rates for all health care providers at the 
                facility.
            (6) With respect to each medical facility of the 
        Department, the number of times a pharmacist at the facility 
        overrode a critical drug interaction warning with respect to an 
        interaction between opioids and another medication before 
        dispensing such medication to a veteran.
    (d) Investigation of Prescription Rates.--If the Secretary 
determines that a prescription rate with respect to a health care 
provider or medical facility of the Department conflicts with or is 
otherwise inconsistent with the standards of appropriate and safe care, 
the Secretary shall--
            (1) immediately notify the Committee on Veterans' Affairs 
        of the Senate and the Committee on Veterans' Affairs of the 
        House of Representatives of such determination, including 
        information relating to such determination, prescription rate, 
        and health care provider or medical facility, as the case may 
        be; and
            (2) through the Office of the Medical Inspector of the 
        Veterans Health Administration, conduct a full investigation of 
        the health care provider or medical facility, as the case may 
        be.
    (e) Prescription Rate Defined.--In this section, the term 
``prescription rate'' means, with respect to a health care provider or 
medical facility of the Department, each of the following:
            (1) The number of patients treated with opioids by the 
        health care provider or at the medical facility, as the case 
        may be, divided by the total number of pharmacy users of that 
        health care provider or medical facility.
            (2) The average number of morphine equivalents per day 
        prescribed by the health care provider or at the medical 
        facility, as the case may be, to patients being treated with 
        opioids.
            (3) Of the patients being treated with opioids by the 
        health care provider or at the medical facility, as the case 
        may be, the average number of prescriptions of opioids per 
        patient.

                      Subtitle B--Patient Advocacy

SEC. 321. COMMUNITY MEETINGS ON IMPROVING CARE FURNISHED BY DEPARTMENT 
              OF VETERANS AFFAIRS.

    (a) Community Meetings.--
            (1) Medical centers.--Not later than 90 days after the date 
        of the enactment of this Act, and not less frequently than once 
        every 90 days thereafter, the Secretary shall ensure that each 
        medical facility of the Department of Veterans Affairs hosts a 
        community meeting open to the public on improving health care 
        furnished by the Secretary.
            (2) Community based outpatient clinics.--Not later than one 
        year after the date of the enactment of this Act, and not less 
        frequently than annually thereafter, the Secretary shall ensure 
        that each community based outpatient clinic of the Department 
        hosts a community meeting open to the public on improving 
        health care furnished by the Secretary.
    (b) Attendance by Director of Veterans Integrated Service Network 
or Designee.--
            (1) In general.--Each community meeting hosted by a medical 
        facility or community based outpatient clinic under subsection 
        (a) shall be attended by the Director of the Veterans 
        Integrated Service Network in which the medical facility or 
        community based outpatient clinic, as the case may be, is 
        located. Subject to paragraph (2), the Director may delegate 
        such attendance only to an employee who works in the Office of 
        the Director.
            (2) Attendance by director.--Each Director of a Veterans 
        Integrated Service Network shall personally attend not less 
        than one community meeting under subsection (a) hosted by each 
        medical facility located in the Veterans Integrated Service 
        Network each year.
    (c) Notice.--The Secretary shall notify the Committee on Veterans' 
Affairs of the Senate, the Committee on Veterans' Affairs of the House 
of Representatives, and each Member of Congress (as defined in section 
314) who represents the area in which the medical facility is located 
of a community meeting under subsection (a) by not later than 10 days 
before such community meeting occurs.

SEC. 322. IMPROVEMENT OF AWARENESS OF PATIENT ADVOCACY PROGRAM AND 
              PATIENT BILL OF RIGHTS OF DEPARTMENT OF VETERANS AFFAIRS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Veterans Affairs shall, in as many prominent locations 
as the Secretary determines appropriate to be seen by the largest 
percentage of patients and family members of patients at each medical 
facility of the Department of Veterans Affairs--
            (1) display the purposes of the Patient Advocacy Program of 
        the Department and the contact information for the patient 
        advocate at such medical facility; and
            (2) display the rights and responsibilities of--
                    (A) patients and family members and patients at 
                such medical facility; and
                    (B) with respect to community living centers and 
                other residential facilities of the Department, 
                residents and family members of residents at such 
                medical facility.

SEC. 323. COMPTROLLER GENERAL REPORT ON PATIENT ADVOCACY PROGRAM OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Not later than two years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Veterans' Affairs of the Senate and 
the Committee on Veterans' Affairs of the House of Representatives a 
report on the Patient Advocacy Program of the Department of Veterans 
Affairs (in this section referred to as the ``Program'').
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of the Program, including--
                    (A) the purpose of the Program;
                    (B) the activities carried out under the Program; 
                and
                    (C) the sufficiency of the Program in achieving the 
                purpose of the Program.
            (2) An assessment of the sufficiency of staffing of 
        employees of the Department responsible for carrying out the 
        Program.
            (3) An assessment of the sufficiency of the training of 
        such employees.
            (4) An assessment of--
                    (A) the awareness of the Program among veterans and 
                family members of veterans; and
                    (B) the use of the Program by veterans and family 
                members of veterans.
            (5) Such recommendations and proposals for improving or 
        modifying the Program as the Comptroller General considers 
        appropriate.
            (6) Such other information with respect to the Program as 
        the Comptroller General considers appropriate.

            Subtitle C--Complementary and Integrative Health

SEC. 331. EXPANSION OF RESEARCH AND EDUCATION ON AND DELIVERY OF 
              COMPLEMENTARY AND INTEGRATIVE HEALTH TO VETERANS.

    (a) Establishment.--There is established a commission to be known 
as the ``Creating Options for Veterans' Expedited Recovery'' or the 
``COVER Commission'' (in this Act referred to as the ``Commission''). 
The Commission shall examine the evidence-based therapy treatment model 
used by the Secretary of Veterans Affairs for treating mental health 
conditions of veterans and the potential benefits of incorporating 
complementary alternative treatments available in non-Department 
facilities (as defined in section 1701 of title 38, United States 
Code).
    (b) Duties.--The Commission shall perform the following duties:
            (1) Examine the efficacy of the evidence-based therapy 
        model used by the Secretary for treating mental health 
        illnesses of veterans and identify areas to improve wellness-
        based outcomes.
            (2) Conduct a patient-centered survey within each of the 
        Veterans Integrated Service Networks to examine--
                    (A) the experience of veterans with the Department 
                of Veterans Affairs when seeking medical assistance for 
                mental health issues through the health care system of 
                the Department;
                    (B) the experience of veterans with non-Department 
                facilities and health professionals for treating mental 
                health issues;
                    (C) the preference of veterans regarding available 
                treatment for mental health issues and which methods 
                the veterans believe to be most effective;
                    (D) the experience, if any, of veterans with 
                respect to the complementary alternative treatment 
                therapies described in paragraph (3);
                    (E) the prevalence of prescribing prescription 
                medication among veterans seeking treatment through the 
                health care system of the Department as remedies for 
                addressing mental health issues; and
                    (F) the outreach efforts of the Secretary regarding 
                the availability of benefits and treatments for 
                veterans for addressing mental health issues, including 
                by identifying ways to reduce barriers to gaps in such 
                benefits and treatments.
            (3) Examine available research on complementary alternative 
        treatment therapies for mental health issues and identify what 
        benefits could be made with the inclusion of such treatments 
        for veterans, including with respect to--
                    (A) music therapy;
                    (B) equine therapy;
                    (C) training and caring for service dogs;
                    (D) yoga therapy;
                    (E) acupuncture therapy;
                    (F) meditation therapy;
                    (G) outdoor sports therapy;
                    (H) hyperbaric oxygen therapy;
                    (I) accelerated resolution therapy;
                    (J) art therapy;
                    (K) magnetic resonance therapy; and
                    (L) other therapies the Commission determines 
                appropriate.
            (4) Study the sufficiency of the resources of the 
        Department to ensure the delivery of quality health care for 
        mental health issues among veterans seeking treatment within 
        the Department.
            (5) Study the current treatments and resources available 
        within the Department and assess--
                    (A) the effectiveness of such treatments and 
                resources in decreasing the number of suicides per day 
                by veterans;
                    (B) the number of veterans who have been diagnosed 
                with mental health issues;
                    (C) the percentage of veterans using the resources 
                of the Department who have been diagnosed with mental 
                health issues;
                    (D) the percentage of veterans who have completed 
                counseling sessions offered by the Department; and
                    (E) the efforts of the Department to expand 
                complementary alternative treatments viable to the 
                recovery of veterans with mental health issues as 
                determined by the Secretary to improve the 
                effectiveness of treatments offered with the 
                Department.
    (c) Membership.--
            (1) In general.--The Commission shall be composed of 10 
        members, appointed as follows:
                    (A) Two members appointed by the Speaker of the 
                House of Representatives, at least one of whom shall be 
                a veteran.
                    (B) Two members appointed by the Minority Leader of 
                the House of Representatives, at least one of whom 
                shall be a veteran.
                    (C) Two members appointed by the Majority Leader of 
                the Senate, at least one of whom shall be a veteran.
                    (D) Two members appointed by the Minority Leader of 
                the Senate, at least one of whom shall be a veteran.
                    (E) Two members appointed by the President, at 
                least one of whom shall be a veteran.
            (2) Qualifications.--Members of the Commission shall be--
                    (A) individuals who are of recognized standing and 
                distinction within the medical community with a 
                background in treating mental health;
                    (B) individuals with experience working with the 
                military and veteran population; and
                    (C) individuals who do not have a financial 
                interest in any of the complementary alternative 
                treatments reviewed by the Commission.
            (3) Chairman.--The President shall designate a member of 
        the Commission to be the Chairman.
            (4) Period of appointment.--Members of the Commission shall 
        be appointed for the life of the Commission.
            (5) Vacancy.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made.
            (6) Appointment deadline.--The appointment of members of 
        the Commission in this section shall be made not later than 90 
        days after the date of the enactment of this Act.
    (d) Powers of Commission.--
            (1) Meetings.--
                    (A) Initial meeting.--The Commission shall hold its 
                first meeting not later than 30 days after a majority 
                of members are appointed to the Commission.
                    (B) Meeting.--The Commission shall regularly meet 
                at the call of the Chairman. Such meetings may be 
                carried out through the use of telephonic or other 
                appropriate telecommunication technology if the 
                Commission determines that such technology will allow 
                the members to communicate simultaneously.
            (2) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive evidence as the Commission considers advisable to carry 
        out the responsibilities of the Commission.
            (3) Information from federal agencies.--The Commission may 
        secure directly from any department or agency of the Federal 
        Government such information as the Commission considers 
        necessary to carry out the duties of the Commission.
            (4) Information from nongovernmental organizations.--In 
        carrying out its duties, the Commission may seek guidance 
        through consultation with foundations, veteran service 
        organizations, nonprofit groups, faith-based organizations, 
        private and public institutions of higher education, and other 
        organizations as the Commission determines appropriate.
            (5) Commission records.--The Commission shall keep an 
        accurate and complete record of the actions and meeting of the 
        Commission. Such record shall be made available for public 
        inspection and the Comptroller General of the United States may 
        audit and examine such record.
            (6) Personnel records.--The Commission shall keep an 
        accurate and complete record of the actions and meetings of the 
        Commission. Such record shall be made available for public 
        inspection and the Comptroller General of the United States may 
        audit and examine such records.
            (7) Compensation of members; travel expenses.--Each member 
        shall serve without pay but shall receive travel expenses to 
        perform the duties of the Commission, including per diem in 
        lieu of substances, at rates authorized under subchapter I of 
        chapter 57 of title 5, United States Code.
            (8) Staff.--The Chairman, in accordance with rules agreed 
        upon the Commission, may appoint fix the compensation of a 
        staff director and such other personnel as may be necessary to 
        enable the Commission to carry out its functions, without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, without 
        regard to the provision of chapter 51 and subchapter III of 
        chapter 53 of such title relating to classification and General 
        Schedule pay rates, except that no rate of pay fixed under this 
        paragraph may exceed the equivalent of that payable for a 
        position at a level IV of the Executive Schedule under section 
        5316 of title 5, United States Code.
            (9) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission are employees under section 
                2105 of title 5, United States Code, for purpose of 
                chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such 
                title.
                    (B) Members of the commission.--Subparagraph (A) 
                shall not be construed to apply to members of the 
                Commission.
            (10) Contracting.--The Commission may, to such extent and 
        in such amounts as are provided in appropriations Acts, enter 
        into contracts to enable the Commission to discharge the duties 
        of the Commission under this Act.
            (11) Expert and consultant service.--The Commission may 
        procure the services of experts and consultants in accordance 
        with section 3109 or title 5, United States Code, at rates not 
        to exceed the daily rate paid to a person occupying a position 
        at level IV of the Executive Schedule under section 3109 of 
        title 5, United States Code.
            (12) Postal service.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as departments and agencies of the United States.
            (13) Physical facilities and equipment.--Upon the request 
        of the Commission, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out its responsibilities under this Act. These 
        administrative services may include human resource management, 
        budget, leasing accounting, and payroll services.
    (e) Report.--
            (1) Interim reports.--
                    (A) In general.--Not later than 60 days after the 
                date on which the Commission first meets, and each 30-
                day period thereafter ending on the date on which the 
                Commission submits the final report under paragraph 
                (2), the Commission shall submit to the Committees on 
                Veterans' Affairs of the House of Representatives and 
                the Senate and the President a report detailing the 
                level of cooperation the Secretary of Veterans Affairs 
                (and the heads of other departments or agencies of the 
                Federal Government) has provided to the Commission.
                    (B) Other reports.--In carrying out its duties, at 
                times that the Commission determines appropriate, the 
                Commission shall submit to the Committee on Veterans' 
                Affairs of the House of Representatives and the Senate 
                and any other appropriate entities an interim report 
                with respect to the findings identified by the 
                Commission.
            (2) Final report.--Not later than 18 months after the first 
        meeting of the Commission, the Commission shall submit to the 
        Committee on Veterans' Affairs of the House of Representatives 
        and the Senate, the President, and the Secretary of Veterans 
        Affairs a final report on the findings of the Commission. Such 
        report shall include the following:
                    (A) Recommendations to implement in a feasible, 
                timely, and cost efficient manner the solutions and 
                remedies identified within the findings of the 
                Commission pursuant to subsection (b).
                    (B) An analysis of the evidence-based therapy model 
                used by the Secretary of Veterans Affairs for treating 
                veterans with mental health care issues, and an 
                examination of the prevalence and efficacy of 
                prescription drugs as a means for treatment.
                    (C) The findings of the patient-centered survey 
                conducted within each of the Veterans Integrated 
                Service Networks pursuant to subsection (b)(2).
                    (D) An examination of complementary alternative 
                treatments described in subsection (b)(3) and the 
                potential benefits of incorporating such treatments in 
                the therapy models used by the Secretary for treating 
                veterans with mental health issues.
            (3) Plan.--Not later than 90 days after the date on which 
        the Commission submits the final report under paragraph (2), 
        the Secretary of Veterans Affairs shall submit to the Committee 
        on Veterans' Affairs of the House of Representatives and the 
        Senate a report on the following:
                    (A) An action plan for implementing the 
                recommendations established by the Commission on such 
                solutions and remedies for improving wellness-based 
                outcomes for veterans with mental health care issues.
                    (B) A feasible timeframe on when the complementary 
                alternative treatments described in subsection (b)(3) 
                can be implemented Department-wide.
                    (C) With respect to each recommendation established 
                by the Commission, including any complementary 
                alternative treatment, that the Secretary determines is 
                not appropriate or feasible to implement, a 
                justification for such determination and an alternative 
                solution to improve the efficacy of the therapy models 
                used by the Secretary for treating veterans with mental 
                health issues.
    (f) Termination of Commission.--The Commission shall terminate 30 
days after the Commission submits the final report under subsection 
(e)(2).

SEC. 332. PILOT PROGRAM ON INTEGRATION OF COMPLEMENTARY ALTERNATIVE 
              MEDICINES AND RELATED ISSUES FOR VETERANS AND FAMILY 
              MEMBERS OF VETERANS.

    (a) Pilot Program.--
            (1) In general.--Not later than 180 days after the date on 
        which the Secretary of Veterans Affairs receives the final 
        report under section 331(e), the Secretary shall commence a 
        pilot program to assess the feasibility and advisability of 
        using wellness-based programs (as defined by the Secretary) to 
        complement the provision of pain management and related health 
        care services, including mental health care services, to 
        veterans.
            (2) Matters addressed.--In carrying out the pilot program, 
        the Secretary shall assess the following:
                    (A) Means of improving coordination between 
                Federal, State, local, and community providers of 
                health care in the provision of pain management and 
                related health care services to veterans.
                    (B) Means of enhancing outreach, and coordination 
                of outreach, by and among providers of health care 
                referred to in subparagraph (A) on the pain management 
                and related health care services available to veterans.
                    (C) Means of using wellness-based programs of 
                providers of health care referred to in subparagraph 
                (A) as complements to the provision by the Department 
                of pain management and related health care services to 
                veterans.
                    (D) Whether wellness-based programs described in 
                subparagraph (C)--
                            (i) are effective in enhancing the quality 
                        of life and well-being of veterans;
                            (ii) are effective in increasing the 
                        adherence of veterans to the primary pain 
                        management and related health care services 
                        provided such veterans by the Department;
                            (iii) have an effect on the sense of well-
                        being of veterans who receive primary pain 
                        management and related health care services 
                        from the Department; and
                            (iv) are effective in encouraging veterans 
                        receiving health care from the Department to 
                        adopt a more healthy lifestyle.
    (b) Duration.--The Secretary shall carry out the pilot program 
under subsection (a)(1) for a period of three years.
    (c) Locations.--
            (1) Facilities.--The Secretary shall carry out the pilot 
        program under subsection (a)(1) at facilities of the Department 
        providing pain management and related health care services, 
        including mental health care services, to veterans. In 
        selecting such facilities to carry out the pilot program, the 
        Secretary shall select not fewer than 15 medical centers of the 
        Department, of which not fewer than two shall be polytrauma 
        rehabilitation centers of the Department.
            (2) Medical centers with prescription rates of opioids that 
        conflict with care standards.--In selecting the medical centers 
        under paragraph (1), the Secretary shall give priority to 
        medical centers of the Department at which there is a 
        prescription rate of opioids that conflicts with or is 
        otherwise inconsistent with the standards of appropriate and 
        safe care.
    (d) Provision of Services.--Under the pilot program under 
subsection (a)(1), the Secretary shall provide covered services to 
covered veterans by integrating complementary and alternative medicines 
and integrative health services with other services provided by the 
Department at the medical centers selected under subsection (c).
    (e) Covered Veterans.--For purposes of the pilot program under 
subsection (a)(1), a covered veteran is any veteran who--
            (1) has a mental health condition diagnosed by a clinician 
        of the Department;
            (2) experiences chronic pain;
            (3) has a chronic condition being treated by a clinician of 
        the Department; or
            (4) is not described in paragraph (1), (2), or (3) and 
        requests to participate in the pilot program or is referred by 
        a clinician of the Department who is treating the veteran.
    (f) Covered Services.--
            (1) In general.--For purposes of the pilot program, covered 
        services are services consisting of complementary and 
        integrative health services as selected by the Secretary.
            (2) Administration of services.--Covered services shall be 
        administered under the pilot program as follows:
                    (A) Covered services shall be administered by 
                professionals or other instructors with appropriate 
                training and expertise in complementary and integrative 
                health services who are employees of the Department or 
                with whom the Department enters into an agreement to 
                provide such services.
                    (B) Covered services shall be included as part of 
                the Patient Aligned Care Teams initiative of the Office 
                of Patient Care Services, Primary Care Program Office, 
                in coordination with the Office of Patient Centered 
                Care and Cultural Transformation.
                    (C) Covered services shall be made available to--
                            (i) covered veterans who have received 
                        conventional treatments from the Department for 
                        the conditions for which the covered veteran 
                        seeks complementary and integrative health 
                        services under the pilot program; and
                            (ii) covered veterans who have not received 
                        conventional treatments from the Department for 
                        such conditions.
    (g) Reports.--
            (1) In general.--Not later than 30 months after the date on 
        which the Secretary commences the pilot program under 
        subsection (a)(1), the Secretary shall submit to the Committee 
        on Veterans' Affairs of the Senate and the Committee on 
        Veterans' Affairs of the House of Representatives a report on 
        the pilot program.
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) The findings and conclusions of the Secretary 
                with respect to the pilot program under subsection 
                (a)(1), including with respect to--
                            (i) the use and efficacy of the 
                        complementary and integrative health services 
                        established under the pilot program;
                            (ii) the outreach conducted by the 
                        Secretary to inform veterans and community 
                        organizations about the pilot program; and
                            (iii) an assessment of the benefit of the 
                        pilot program to covered veterans in mental 
                        health diagnoses, pain management, and 
                        treatment of chronic illness.
                    (B) Identification of any unresolved barriers that 
                impede the ability of the Secretary to incorporate 
                complementary and integrative health services with 
                other health care services provided by the Department.
                    (C) Such recommendations for the continuation or 
                expansion of the pilot program as the Secretary 
                considers appropriate.
    (h) Complementary and Integrative Health Defined.--In this section, 
the term ``complementary and integrative health'' shall have the 
meaning given that term by the National Institutes of Health.

              Subtitle D--Fitness of Health Care Providers

SEC. 341. ADDITIONAL REQUIREMENTS FOR HIRING OF HEALTH CARE PROVIDERS 
              BY DEPARTMENT OF VETERANS AFFAIRS.

    As part of the hiring process for each health care provider 
considered for a position at the Department of Veterans Affairs after 
the date of the enactment of the Act, the Secretary of Veterans Affairs 
shall require from the medical board of each State in which the health 
care provider has a medical license--
            (1) information on any violation of the requirements of the 
        medical license of the health care provider during the 20-year 
        period preceding the consideration of the health care provider 
        by the Department; and
            (2) information on whether the health care provider has 
        entered into any settlement agreement for the disciplinary 
        charge relating to the practice of medicine by the health care 
        provider.

SEC. 342. PROVISION OF INFORMATION ON HEALTH CARE PROVIDERS OF 
              DEPARTMENT OF VETERANS AFFAIRS TO STATE MEDICAL BOARDS.

    Notwithstanding section 552a of title 5, United States Code, with 
respect to each health care provider of the Department of Veterans 
Affairs who has violated a requirement of the medical license of the 
health care provider, the Secretary of Veterans Affairs shall provide 
to the medical board of each State in which the health care provider is 
licensed detailed information with respect to such violation, 
regardless of whether such board has formally requested such 
information.

SEC. 343. REPORT ON COMPLIANCE BY DEPARTMENT OF VETERANS AFFAIRS WITH 
              REVIEWS OF HEALTH CARE PROVIDERS LEAVING THE DEPARTMENT 
              OR TRANSFERRING TO OTHER FACILITIES.

    Not later than two years after the date of the enactment of this 
Act, the Secretary of Veterans Affairs shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a report on the compliance by the 
Department of Veterans Affairs with the policy of the Department--
            (1) to conduct a review of each health care provider of the 
        Department who transfers to another medical facility of the 
        Department, retires, or is terminated to determine whether 
        there are any concerns, complaints, or allegations of 
        violations relating to the medical practice of the health care 
        provider; and
            (2) to take appropriate action with respect to any such 
        concern, complaint, or allegation.

                   Subtitle E--Other Veterans Matters

SEC. 351. AUDIT OF VETERANS HEALTH ADMINISTRATION PROGRAMS OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) Audit.--The Secretary of Veterans Affairs shall seek to enter 
into a contract with a nongovernmental entity under which the entity 
shall conduct a audits of the programs of the Veterans Health 
Administration of the Department of Veterans Affairs to identify ways 
to improve the furnishing of benefits and health care administered by 
the Veterans Health Administration to veterans and families of 
veterans.
    (b) Audit Requirements.--In carrying out each audit under 
subsection (a), the entity shall perform the following:
            (1) Five-year risk assessments to identify the functions, 
        staff organizations, and staff offices of the Veterans Health 
        Administration that would lead towards the greatest improvement 
        in furnishing of benefits and health care to veterans and 
        families of veterans.
            (2) Development of plans that are informed by the risk 
        assessment under paragraph (1) to conduct audits of the 
        functions, staff organizations, and staff offices identified 
        under paragraph (1).
            (3) Conduct audits in accordance with the plans developed 
        pursuant to paragraph (2).
    (c) Reports.--Not later than 90 days after the date on which each 
audit is completed under subsection (a), the Secretary shall submit to 
the Committees on Veterans' Affairs of the House of Representatives and 
the Senate a report that includes--
            (1) a summary of the audit;
            (2) the findings of the entity that conducted the audit 
        with respect to the audit; and
            (3) such recommendations as the Secretary determines 
        appropriate for legislative or administrative action to improve 
        the furnishing of benefits and health care to veterans and 
        families of veterans.

 TITLE IV--IMPROVING SAFE CARE FOR PREVENTING INFANT ABUSE AND NEGLECT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Improving Safe Care for the 
Prevention of Infant Abuse and Neglect Act''.

SEC. 402. BEST PRACTICES FOR DEVELOPMENT OF PLANS OF SAFE CARE.

    Section 103(b) of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5104(b)) is amended--
            (1) by redesignating paragraphs (5) through (8) as 
        paragraphs (6) through (9), respectively; and
            (2) by inserting after paragraph (4), the following:
            ``(5) maintain and disseminate information about the best 
        practices relating to the development of plans of safe care as 
        described in section 106(b)(2)(B)(iii) for infants born and 
        identified as being affected by illegal substance abuse or 
        withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder;''.

SEC. 403. STATE PLANS.

    Section 106(b)(2)(B)(iii) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5106a(b)(2)(B)(iii)) is amended by inserting 
before the period at the end the following: ``to ensure the safety and 
well-being of such infant following release from the care of healthcare 
providers, including through addressing the health of the affected 
family or caregiver''.

SEC. 404. DATA REPORTS.

    (a) In General.--Section 106(d) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5106a(d)) is amended by adding at the end of 
the following:
            ``(17) The total number of infants--
                    ``(A) identified under subsection (b)(2)(B)(ii);
                    ``(B) for whom a plan of safe care was developed 
                under subsection (b)(2)(B)(iii); and
                    ``(C) for whom referrals are made for appropriate 
                services, including services for the affected family or 
                caregiver, as may be necessary under subsection 
                (b)(2)(B)(iii).''.
    (b) Redesignation.--Effective on May 29, 2017, section 106(d) of 
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is 
amended by redesignating paragraph (17) (as added by subsection (a)) as 
paragraph (18).

SEC. 405. MONITORING AND OVERSIGHT.

    (a) Amendment.--Title I of the Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5101 et seq.) is further amended by adding at the end 
the following:

``SEC. 114. MONITORING AND OVERSIGHT.

    ``The Secretary shall conduct monitoring to ensure that each State 
that receives a grant under section 106 is in compliance with the 
requirements of section 106(b), which--
            ``(1) shall--
                    ``(A) be in addition to the review of the State 
                plan upon its submission under section 106(b)(1)(A); 
                and
                    ``(B) include monitoring of State policies and 
                procedures required under clauses (ii) and (iii) of 
                section 106(b)(2)(B); and
            ``(2) may include--
                    ``(A) a comparison of activities carried out by the 
                State to comply with the requirements of section 106(b) 
                with the State plan most recently approved under 
                section 432 of the Social Security Act;
                    ``(B) information available on the Website of the 
                State relating to its compliance with the requirements 
                of section 106(b);
                    ``(C) site visits, as may be necessary to carry out 
                such monitoring; and
                    ``(D) information available in the State's Annual 
                Progress and Services Report most recently submitted 
                under section 1357.16 of title 45, Code of Federal 
                Regulations (or successor regulations).''.
    (b) Table of Contents.--The table of contents in section 1(b) of 
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is 
amended by inserting after the item relating to section 113, the 
following:

``Sec. 114. Monitoring and oversight.''.

SEC. 406. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to authorize the Secretary 
of Health and Human Services or any other officer of the Federal 
Government to add new requirements to section 106(b) of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5106a(b)), as amended by this 
Act.

                       TITLE V--OTHER PROVISIONS

SEC. 501. PROGRAMS TO PREVENT PRESCRIPTION DRUG ABUSE UNDER MEDICARE 
              PARTS C AND D.

    (a) Drug Management Program for At-Risk Beneficiaries.--
            (1) In general.--Section 1860D-4(c) of the Social Security 
        Act (42 U.S.C. 1395w-10(c)) is amended by adding at the end the 
        following:
            ``(5) Drug management program for at-risk beneficiaries.--
                    ``(A) Authority to establish.--A PDP sponsor may 
                establish a drug management program for at-risk 
                beneficiaries under which, subject to subparagraph (B), 
                the PDP sponsor may, in the case of an at-risk 
                beneficiary for prescription drug abuse who is an 
                enrollee in a prescription drug plan of such PDP 
                sponsor, limit such beneficiary's access to coverage 
                for frequently abused drugs under such plan to 
                frequently abused drugs that are prescribed for such 
                beneficiary by one or more prescribers selected under 
                subparagraph (D), and dispensed for such beneficiary by 
                one or more pharmacies selected under such 
                subparagraph.
                    ``(B) Requirement for notices.--
                            ``(i) In general.--A PDP sponsor may not 
                        limit the access of an at-risk beneficiary for 
                        prescription drug abuse to coverage for 
                        frequently abused drugs under a prescription 
                        drug plan until such sponsor--
                                    ``(I) provides to the beneficiary 
                                an initial notice described in clause 
                                (ii) and a second notice described in 
                                clause (iii); and
                                    ``(II) verifies with the providers 
                                of the beneficiary that the beneficiary 
                                is an at-risk beneficiary for 
                                prescription drug abuse.
                            ``(ii) Initial notice.--An initial notice 
                        described in this clause is a notice that 
                        provides to the beneficiary--
                                    ``(I) notice that the PDP sponsor 
                                has identified the beneficiary as 
                                potentially being an at-risk 
                                beneficiary for prescription drug 
                                abuse;
                                    ``(II) information describing all 
                                State and Federal public health 
                                resources that are designed to address 
                                prescription drug abuse to which the 
                                beneficiary has access, including 
                                mental health services and other 
                                counseling services;
                                    ``(III) notice of, and information 
                                about, the right of the beneficiary to 
                                appeal such identification under 
                                subsection (h) and the option of an 
                                automatic escalation to external 
                                review;
                                    ``(IV) a request for the 
                                beneficiary to submit to the PDP 
                                sponsor preferences for which 
                                prescribers and pharmacies the 
                                beneficiary would prefer the PDP 
                                sponsor to select under subparagraph 
                                (D) in the case that the beneficiary is 
                                identified as an at-risk beneficiary 
                                for prescription drug abuse as 
                                described in clause (iii)(I);
                                    ``(V) an explanation of the meaning 
                                and consequences of the identification 
                                of the beneficiary as potentially being 
                                an at-risk beneficiary for prescription 
                                drug abuse, including an explanation of 
                                the drug management program established 
                                by the PDP sponsor pursuant to 
                                subparagraph (A);
                                    ``(VI) clear instructions that 
                                explain how the beneficiary can contact 
                                the PDP sponsor in order to submit to 
                                the PDP sponsor the preferences 
                                described in subclause (IV) and any 
                                other communications relating to the 
                                drug management program for at-risk 
                                beneficiaries established by the PDP 
                                sponsor; and
                                    ``(VII) contact information for 
                                other organizations that can provide 
                                the beneficiary with assistance 
                                regarding such drug management program 
                                (similar to the information provided by 
                                the Secretary in other standardized 
                                notices provided to part D eligible 
                                individuals enrolled in prescription 
                                drug plans under this part).
                            ``(iii) Second notice.--A second notice 
                        described in this clause is a notice that 
                        provides to the beneficiary notice--
                                    ``(I) that the PDP sponsor has 
                                identified the beneficiary as an at-
                                risk beneficiary for prescription drug 
                                abuse;
                                    ``(II) that such beneficiary is 
                                subject to the requirements of the drug 
                                management program for at-risk 
                                beneficiaries established by such PDP 
                                sponsor for such plan;
                                    ``(III) of the prescriber (or 
                                prescribers) and pharmacy (or 
                                pharmacies) selected for such 
                                individual under subparagraph (D);
                                    ``(IV) of, and information about, 
                                the beneficiary's right to appeal such 
                                identification under subsection (h) and 
                                the option of an automatic escalation 
                                to external review;
                                    ``(V) that the beneficiary can, in 
                                the case that the beneficiary has not 
                                previously submitted to the PDP sponsor 
                                preferences for which prescribers and 
                                pharmacies the beneficiary would prefer 
                                the PDP sponsor select under 
                                subparagraph (D), submit such 
                                preferences to the PDP sponsor; and
                                    ``(VI) that includes clear 
                                instructions that explain how the 
                                beneficiary can contact the PDP 
                                sponsor.
                            ``(iv) Timing of notices.--
                                    ``(I) In general.--Subject to 
                                subclause (II), a second notice 
                                described in clause (iii) shall be 
                                provided to the beneficiary on a date 
                                that is not less than 60 days after an 
                                initial notice described in clause (ii) 
                                is provided to the beneficiary.
                                    ``(II) Exception.--In the case that 
                                the PDP sponsor, in conjunction with 
                                the Secretary, determines that concerns 
                                identified through rulemaking by the 
                                Secretary regarding the health or 
                                safety of the beneficiary or regarding 
                                significant drug diversion activities 
                                require the PDP sponsor to provide a 
                                second notice described in clause (iii) 
                                to the beneficiary on a date that is 
                                earlier than the date described in 
                                subclause (I), the PDP sponsor may 
                                provide such second notice on such 
                                earlier date.
                    ``(C) At-risk beneficiary for prescription drug 
                abuse.--
                            ``(i) In general.--For purposes of this 
                        paragraph, the term `at-risk beneficiary for 
                        prescription drug abuse' means a part D 
                        eligible individual who is not an exempted 
                        individual described in clause (ii) and--
                                    ``(I) who is identified as such an 
                                at-risk beneficiary through the use of 
                                clinical guidelines developed by the 
                                Secretary in consultation with PDP 
                                sponsors and other stakeholders 
                                described in section 3141(f)(2)(A) of 
                                the 21st Century Cures Act; or
                                    ``(II) with respect to whom the PDP 
                                sponsor of a prescription drug plan, 
                                upon enrolling such individual in such 
                                plan, received notice from the 
                                Secretary that such individual was 
                                identified under this paragraph to be 
                                an at-risk beneficiary for prescription 
                                drug abuse under the prescription drug 
                                plan in which such individual was most 
                                recently previously enrolled and such 
                                identification has not been terminated 
                                under subparagraph (F).
                            ``(ii) Exempted individual described.--An 
                        exempted individual described in this clause is 
                        an individual who--
                                    ``(I) receives hospice care under 
                                this title;
                                    ``(II) is a resident of a long-term 
                                care facility, of an intermediate care 
                                facility for the mentally retarded, or 
                                of another facility for which 
                                frequently abused drugs are dispensed 
                                for residents through a contract with a 
                                single pharmacy; or
                                    ``(III) the Secretary elects to 
                                treat as an exempted individual for 
                                purposes of clause (i).
                    ``(D) Selection of prescribers and pharmacies.--
                            ``(i) In general.--With respect to each at-
                        risk beneficiary for prescription drug abuse 
                        enrolled in a prescription drug plan offered by 
                        such sponsor, a PDP sponsor shall, based on the 
                        preferences submitted to the PDP sponsor by the 
                        beneficiary pursuant to clauses (ii)(IV) and 
                        (iii)(V) of subparagraph (B) (except as 
                        otherwise provided in this subparagraph), 
                        select--
                                    ``(I) one or more individuals who 
                                are authorized to prescribe frequently 
                                abused drugs (referred to in this 
                                paragraph as `prescribers') who may 
                                write prescriptions for such drugs for 
                                such beneficiary; and
                                    ``(II) one or more pharmacies that 
                                may dispense such drugs to such 
                                beneficiary.
                            ``(ii) Reasonable access.--In making the 
                        selections under this subparagraph--
                                    ``(I) a PDP sponsor shall ensure 
                                that the beneficiary continues to have 
                                reasonable access to frequently abused 
                                drugs (as defined in subparagraph (G)), 
                                taking into account geographic 
                                location, beneficiary preference, 
                                impact on cost-sharing, and reasonable 
                                travel time; and
                                    ``(II) a PDP sponsor shall ensure 
                                such access (including access to 
                                prescribers and pharmacies with respect 
                                to frequently abused drugs) in the case 
                                of individuals with multiple residences 
                                and in the case of natural disasters 
                                and similar emergency situations.
                            ``(iii) Beneficiary preferences.--If an at-
                        risk beneficiary for prescription drug abuse 
                        submits preferences for which in-network 
                        prescribers and pharmacies the beneficiary 
                        would prefer the PDP sponsor select in response 
                        to a notice under subparagraph (B), the PDP 
                        sponsor shall--
                                    ``(I) review such preferences;
                                    ``(II) select or change the 
                                selection of prescribers and pharmacies 
                                for the beneficiary based on such 
                                preferences; and
                                    ``(III) inform the beneficiary of 
                                such selection or change of selection.
                            ``(iv) Exception regarding beneficiary 
                        preferences.--In the case that the PDP sponsor 
                        determines that a change to the selection of 
                        prescriber or pharmacy under clause (iii)(II) 
                        by the PDP sponsor is contributing or would 
                        contribute to prescription drug abuse or drug 
                        diversion by the beneficiary, the PDP sponsor 
                        may change the selection of prescriber or 
                        pharmacy for the beneficiary without regard to 
                        the preferences of the beneficiary described in 
                        clause (iii).
                            ``(v) Confirmation.--Before selecting a 
                        prescriber (or prescribers) or pharmacy (or 
                        pharmacies) under this subparagraph, a PDP 
                        sponsor must request and receive confirmation 
                        from such a prescriber or pharmacy 
                        acknowledging and accepting that the 
                        beneficiary involved is in the drug management 
                        program for at-risk beneficiaries.
                    ``(E) Terminations and appeals.--The identification 
                of an individual as an at-risk beneficiary for 
                prescription drug abuse under this paragraph, a 
                coverage determination made under a drug management 
                program for at-risk beneficiaries, and the selection of 
                prescriber or pharmacy under subparagraph (D) with 
                respect to such individual shall be subject to 
                reconsideration and appeal under subsection (h) and the 
                option of an automatic escalation to external review to 
                the extent provided by the Secretary.
                    ``(F) Termination of identification.--
                            ``(i) In general.--The Secretary shall 
                        develop standards for the termination of 
                        identification of an individual as an at-risk 
                        beneficiary for prescription drug abuse under 
                        this paragraph. Under such standards such 
                        identification shall terminate as of the 
                        earlier of--
                                    ``(I) the date the individual 
                                demonstrates that the individual is no 
                                longer likely, in the absence of the 
                                restrictions under this paragraph, to 
                                be an at-risk beneficiary for 
                                prescription drug abuse described in 
                                subparagraph (C)(i); and
                                    ``(II) the end of such maximum 
                                period of identification as the 
                                Secretary may specify.
                            ``(ii) Rule of construction.--Nothing in 
                        clause (i) shall be construed as preventing a 
                        plan from identifying an individual as an at-
                        risk beneficiary for prescription drug abuse 
                        under subparagraph (C)(i) after such 
                        termination on the basis of additional 
                        information on drug use occurring after the 
                        date of notice of such termination.
                    ``(G) Frequently abused drug.--For purposes of this 
                subsection, the term `frequently abused drug' means a 
                drug that is a controlled substance that the Secretary 
                determines to be frequently abused or diverted.
                    ``(H) Data disclosure.--In the case of an at-risk 
                beneficiary for prescription drug abuse whose access to 
                coverage for frequently abused drugs under a 
                prescription drug plan has been limited by a PDP 
                sponsor under this paragraph, such PDP sponsor shall 
                disclose data, including any necessary individually 
                identifiable health information, in a form and manner 
                specified by the Secretary, about the decision to 
                impose such limitations and the limitations imposed by 
                the sponsor under this part to other PDP sponsors that 
                request such data.
                    ``(I) Education.--The Secretary shall provide 
                education to enrollees in prescription drug plans of 
                PDP sponsors and providers regarding the drug 
                management program for at-risk beneficiaries described 
                in this paragraph, including education--
                            ``(i) provided by Medicare administrative 
                        contractors through the improper payment 
                        outreach and education program described in 
                        section 1874A(h); and
                            ``(ii) through current education efforts 
                        (such as State health insurance assistance 
                        programs described in subsection (a)(1)(A) of 
                        section 119 of the Medicare Improvements for 
                        Patients and Providers Act of 2008 (42 U.S.C. 
                        1395b-3 note)) and materials directed toward 
                        such enrollees.
                    ``(J) Application under ma-pd plans.--Pursuant to 
                section 1860D-21(c)(1), the provisions of this 
                paragraph apply under part D to MA organizations 
                offering MA-PD plans to MA eligible individuals in the 
                same manner as such provisions apply under this part to 
                a PDP sponsor offering a prescription drug plan to a 
                part D eligible individual.''.
            (2) Information for consumers.--Section 1860D-4(a)(1)(B) of 
        the Social Security Act (42 U.S.C. 1395w-104(a)(1)(B)) is 
        amended by adding at the end the following:
                            ``(v) The drug management program for at-
                        risk beneficiaries under subsection (c)(5).''.
    (b) Utilization Management Programs.--Section 1860D-4(c) of the 
Social Security Act (42 U.S.C. 1395w-104(c)), as amended by subsection 
(a)(1), is further amended--
            (1) in paragraph (1), by inserting after subparagraph (D) 
        the following new subparagraph:
                    ``(E) A utilization management tool to prevent drug 
                abuse (as described in paragraph (6)(A)).''; and
            (2) by adding at the end the following new paragraph:
            ``(6) Utilization management tool to prevent drug abuse.--
                    ``(A) In general.--A tool described in this 
                paragraph is any of the following:
                            ``(i) A utilization tool designed to 
                        prevent the abuse of frequently abused drugs by 
                        individuals and to prevent the diversion of 
                        such drugs at pharmacies.
                            ``(ii) Retrospective utilization review to 
                        identify--
                                    ``(I) individuals that receive 
                                frequently abused drugs at a frequency 
                                or in amounts that are not clinically 
                                appropriate; and
                                    ``(II) providers of services or 
                                suppliers that may facilitate the abuse 
                                or diversion of frequently abused drugs 
                                by beneficiaries.
                            ``(iii) Consultation with the contractor 
                        described in subparagraph (B) to verify if an 
                        individual enrolling in a prescription drug 
                        plan offered by a PDP sponsor has been 
                        previously identified by another PDP sponsor as 
                        an individual described in clause (ii)(I).
                    ``(B) Reporting.--A PDP sponsor offering a 
                prescription drug plan (and an MA organization offering 
                an MA-PD plan) in a State shall submit to the Secretary 
                and the Medicare drug integrity contractor with which 
                the Secretary has entered into a contract under section 
                1893 with respect to such State a report, on a monthly 
                basis, containing information on--
                            ``(i) any provider of services or supplier 
                        described in subparagraph (A)(ii)(II) that is 
                        identified by such plan sponsor (or 
                        organization) during the 30-day period before 
                        such report is submitted; and
                            ``(ii) the name and prescription records of 
                        individuals described in paragraph (5)(C).''.
    (c) Expanding Activities of Medicare Drug Integrity Contractors 
(MEDICs).--
            (1) In general.--Section 1893 of the Social Security Act 
        (42 U.S.C. 1395ddd) is amended by adding at the end the 
        following new subsection:
    ``(j) Expanding Activities of Medicare Drug Integrity Contractors 
(MEDICs).--
            ``(1) Access to information.--Under contracts entered into 
        under this section with Medicare drug integrity contractors 
        (including any successor entity to a Medicare drug integrity 
        contractor), the Secretary shall authorize such contractors to 
        directly accept prescription and necessary medical records from 
        entities such as pharmacies, prescription drug plans, MA-PD 
        plans, and physicians with respect to an individual in order 
        for such contractors to provide information relevant to the 
        determination of whether such individual is an at-risk 
        beneficiary for prescription drug abuse, as defined in section 
        1860D-4(c)(5)(C).
            ``(2) Requirement for acknowledgment of referrals.--If a 
        PDP sponsor or MA organization refers information to a 
        contractor described in paragraph (1) in order for such 
        contractor to assist in the determination described in such 
        paragraph, the contractor shall--
                    ``(A) acknowledge to the sponsor or organization 
                receipt of the referral; and
                    ``(B) in the case that any PDP sponsor or MA 
                organization contacts the contractor requesting to know 
                the determination by the contractor of whether or not 
                an individual has been determined to be an individual 
                described such paragraph, shall inform such sponsor or 
                organization of such determination on a date that is 
                not later than 15 days after the date on which the 
                sponsor or organization contacts the contractor.
            ``(3) Making data available to other entities.--
                    ``(A) In general.--For purposes of carrying out 
                this subsection, subject to subparagraph (B), the 
                Secretary shall authorize MEDICs to respond to requests 
                for information from PDP sponsors and MA organizations, 
                State prescription drug monitoring programs, and other 
                entities delegated by such sponsors or organizations 
                using available programs and systems in the effort to 
                prevent fraud, waste, and abuse.
                    ``(B) HIPAA compliant information only.--
                Information may only be disclosed by a MEDIC under 
                subparagraph (A) if the disclosure of such information 
                is permitted under the Federal regulations (concerning 
                the privacy of individually identifiable health 
                information) promulgated under section 264(c) of the 
                Health Insurance Portability and Accountability Act of 
                1996 (42 U.S.C. 1320d-2 note).''.
            (2) OIG study and report on effectiveness of medics.--
                    (A) Study.--The Inspector General of the Department 
                of Health and Human Services shall conduct a study on 
                the effectiveness of Medicare drug integrity 
                contractors with which the Secretary of Health and 
                Human Services has entered into a contract under 
                section 1893 of the Social Security Act (42 U.S.C. 
                1395ddd) in identifying, combating, and preventing 
                fraud under the Medicare Program, including under the 
                authority provided under section 1893(j) of the Social 
                Security Act, added by paragraph (1).
                    (B) Report.--Not later than 1 year after the date 
                of the enactment of this Act, the Inspector General 
                shall submit to Congress a report on the study 
                conducted under subparagraph (A). Such report shall 
                include such recommendations for improvements in the 
                effectiveness of such contractors as the Inspector 
                General determines appropriate.
    (d) Treatment of Certain Complaints for Purposes of Quality or 
Performance Assessment.--Section 1860D-42 of the Social Security Act 
(42 U.S.C. 1395w-152) is amended by adding at the end the following new 
subsection:
    ``(d) Treatment of Certain Complaints for Purposes of Quality or 
Performance Assessment.--In conducting a quality or performance 
assessment of a PDP sponsor, the Secretary shall develop or utilize 
existing screening methods for reviewing and considering complaints 
that are received from enrollees in a prescription drug plan offered by 
such PDP sponsor and that are complaints regarding the lack of access 
by the individual to prescription drugs due to a drug management 
program for at-risk beneficiaries.''.
    (e) Sense of Congress Regarding Use of Technology Tools To Combat 
Fraud.--It is the sense of Congress that MA organizations and PDP 
sponsors should consider using e-prescribing and other health 
information technology tools to support combating fraud under MA-PD 
plans and prescription drug plans under parts C and D of the Medicare 
Program.
    (f) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to prescription drug plans (and MA-PD plans) for plan 
        years beginning more than 1 year after the date of the 
        enactment of this Act.
            (2) Stakeholder meetings prior to effective date.--
                    (A) In general.--Not later than January 1, 2016, 
                the Secretary of Health and Human Services shall 
                convene stakeholders, including individuals entitled to 
                benefits under part A of title XVIII of the Social 
                Security Act or enrolled under part B of such title of 
                such Act, advocacy groups representing such 
                individuals, physicians, pharmacists, and other 
                clinicians, retail pharmacies, plan sponsors, entities 
                delegated by plan sponsors, and biopharmaceutical 
                manufacturers for input regarding the topics described 
                in subparagraph (B).
                    (B) Topics described.--The topics described in this 
                subparagraph are the topics of--
                            (i) the anticipated impact of drug 
                        management programs for at-risk beneficiaries 
                        under paragraph (5) of section 1860D-4(c) of 
                        the Social Security Act (42 U.S.C. 1395w-
                        104(c)) on cost-sharing and ensuring 
                        accessibility to prescription drugs for 
                        enrollees in prescription drug plans of PDP 
                        sponsors, and enrollees in MA-PD plans, who are 
                        at-risk beneficiaries for prescription drug 
                        abuse (as defined in subparagraph (C) of such 
                        paragraph);
                            (ii) the use of an expedited appeals 
                        process under which such an enrollee may appeal 
                        an identification of such enrollee as an at-
                        risk beneficiary for prescription drug abuse 
                        under such paragraph (similar to the processes 
                        established under the Medicare Advantage 
                        program under part C of title XVIII of the 
                        Social Security Act that allow an automatic 
                        escalation to external review of claims 
                        submitted under such part);
                            (iii) the types of enrollees that should be 
                        treated as exempted individuals, as described 
                        in subparagraph (C)(ii) of such paragraph;
                            (iv) the manner in which terms and 
                        definitions in such paragraph should be 
                        applied, such as the use of clinical 
                        appropriateness in determining whether an 
                        enrollee is an at-risk beneficiary for 
                        prescription drug abuse as defined in 
                        subparagraph (C) of such paragraph;
                            (v) the information to be included in the 
                        notices described in subparagraph (B) of such 
                        paragraph and the standardization of such 
                        notices; and
                            (vi) with respect to a PDP sponsor (or 
                        Medicare Advantage organization) that 
                        establishes a drug management program for at-
                        risk beneficiaries under such paragraph, the 
                        responsibilities of such PDP sponsor (or 
                        organization) with respect to the 
                        implementation of such program.
    (g) Rulemaking.--The Secretary of Health and Human Services shall 
promulgate regulations based on the input gathered pursuant to 
subsection (f)(2)(A).

SEC. 502. EXCLUSION OF AUTHORIZED GENERIC DRUGS FROM CALCULATION OF 
              AVERAGE MANUFACTURER PRICE FOR BRAND NAME DRUGS.

    (a) In General.--Section 1927(k)(1)(C) of the Social Security Act 
(42 U.S.C. 1396r-8(k)(1)(C)) is amended--
            (1) in the subparagraph heading, by striking ``Inclusion'' 
        and inserting ``Exclusion'';
            (2) by striking ``a new drug application'' and inserting 
        ``the manufacturer's new drug application''; and
            (3) by striking ``inclusive'' and inserting ``exclusive''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect one year after the date of the enactment of this section.
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