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Union Calendar No. 580 

115TH CONGRESS 

2D SESSION H. R. 5590 

[Report No. 115–746, Part I] 

To require the Secretary of Health and Human Services to provide for 

an action plan on recommendations for changes under Medicare and 

Medicaid to prevent opioids addictions and enhance access to medicationassisted treatment, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2018 

Mr. KINZINGER (for himself, Ms. CLARKE of New York, Mr. LAHOOD, and 

Mr. DANNY K. DAVIS of Illinois) introduced the following bill; which was 

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

the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

JUNE 12, 2018 

Additional sponsors: Mrs. BLACKBURN, Mr. WALDEN, and Mr. MITCHELL

JUNE 12, 2018 

Reported from the Committee on Energy and Commerce with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JUNE 12, 2018 

The Committee on Ways and Means discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 24, 2018] 


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•HR 5590 RH

A BILL 

To require the Secretary of Health and Human Services 

to provide for an action plan on recommendations for 

changes under Medicare and Medicaid to prevent opioids 

addictions and enhance access to medication-assisted 

treatment, and for other purposes. 


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•HR 5590 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Opioid Addiction Action 

5 Plan Act’’. 

6 SEC. 2. ACTION PLAN ON RECOMMENDATIONS FOR 

7 CHANGES UNDER MEDICARE AND MEDICAID 

8 TO PREVENT OPIOIDS ADDICTIONS AND EN9 HANCE ACCESS TO MEDICATION-ASSISTED 

10 TREATMENT. 

11 (a) IN GENERAL.—Not later than January 1, 2019, 

12 the Secretary of Health and Human Services (in this sec13 tion referred to as the ‘‘Secretary’’), in collaboration with 

14 the Pain Management Best Practices Inter-Agency Task 

15 Force convened under section 101(b) of the Comprehensive 

16 Addiction and Recovery Act of 2016 (Public Law 114–198), 

17 shall develop an action plan that provides recommendations 

18 described in subsection (b). 

19 (b) ACTION PLAN COMPONENTS.—Recommendations 

20 described in this subsection are, based on an examination 

21 by the Secretary of potential obstacles to an effective re22 sponse to the opioid crisis, recommendations, as determined 

23 appropriate by the Secretary, on the following: 

24 (1) Recommendations on changes to the Medicare 

25 program under title XVIII of the Social Security Act 


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1 and the Medicaid program under title XIX of such 

2 Act that would enhance coverage and payment under 

3 such programs of all medication-assisted treatment 

4 approved by the Food and Drug Administration for 

5 the treatment of opioid addiction and other therapies 

6 that manage chronic and acute pain and treat and 

7 minimize risk of opioid addiction, including rec8 ommendations on changes to the Medicare prospective 

9 payment system for hospital inpatient department 

10 services under section 1886(d) of such Act (42 U.S.C. 

11 1395ww(d)) and the Medicare prospective payment 

12 system for hospital outpatient department services 

13 under section 1833(t) of such Act (42 U.S.C. 1395l(t)) 

14 that would allow for separate payment for such thera15 pies, if medically appropriate and if necessary to en16 courage development and adoption of such therapies. 

17 (2) Recommendations for payment and service 

18 delivery models to be tested by the Center for Medicare 

19 and Medicaid Innovation and other federally author20 ized demonstration projects, including value-based 

21 models, that may encourage the use of appropriate 

22 medication-assisted treatment approved by the Food 

23 and Drug Administration for the treatment of opioid 

24 addiction and other therapies that manage chronic 


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1 and acute pain and treat and minimize risk of opioid 

2 addiction. 

3 (3) Recommendations for data collection that 

4 could facilitate research and policy making regarding 

5 prevention of opioid addiction and coverage and pay6 ment under the Medicare and Medicaid programs of 

7 appropriate opioid addiction treatments. 

8 (4) Recommendations for policies under the 

9 Medicare program and under the Medicaid program 

10 that can expand access for rural, or medically under11 served communities to the full range of medication-as12 sisted treatment approved by the Food and Drug Ad13 ministration for the treatment of opioid addiction 

14 and other therapies that manage chronic and acute 

15 pain and treatment and minimize risk of opioid ad16 diction. 

17 (5) Recommendations on changes to the Medicare 

18 program and the Medicaid program to address cov19 erage or payment barriers to patient access to med20 ical devices that are non-opioid based treatments ap21 proved by the Food and Drug Administration for the 

22 management of acute pain and chronic pain, for 

23 monitoring substance use withdrawal and preventing 

24 overdoses of controlled substances, and for treating 

25 substance use disorder. 


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1 (c) STAKEHOLDER MEETINGS.— 

2 (1) IN GENERAL.—Beginning not later than 3 

3 months after the date of the enactment of this Act, the 

4 Secretary shall convene a public stakeholder meeting 

5 to solicit public comment on the components of the ac6 tion plan recommendations described in subsection 

7 (b). 

8 (2) PARTICIPANTS.—Participants of meetings de9 scribed in paragraph (1) shall include representatives 

10 from the Food and Drug Administration and Na11 tional Institutes of Health, biopharmaceutical indus12 try members, medical researchers, health care pro13 viders, the medical device industry, the Medicare pro14 gram, the Medicaid program, and patient advocates. 

15 (d) REQUEST FOR INFORMATION.—Not later than 3 

16 months after the date of the enactment of this section, the 

17 Secretary shall issue a request for information seeking pub18 lic feedback regarding ways in which the Centers for Medi19 care & Medicaid Services can help address the opioid crisis 

20 through the development of and application of the action 

21 plan. 

22 (e) REPORT TO CONGRESS.—Not later than June 1, 

23 2019, the Secretary shall submit to Congress, and make 

24 public, a report that includes— 


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1 (1) a summary of recommendations that have 

2 emerged under the action plan; 

3 (2) the Secretary’s planned next steps with re4 spect to the action plan; and 

5 (3) an evaluation of price trends for drugs used 

6 to reverse opioid overdoses (such as naloxone), includ7 ing recommendations on ways to lower such prices for 

8 consumers. 

9 (f) DEFINITION OF MEDICATION-ASSISTED TREAT10 MENT.—In this section, the term ‘‘medication-assisted treat11 ment’’ includes opioid treatment programs, behavioral ther12 apy, and medications to treat substance abuse disorder. 


pbinns on DSK79D2C42PROD with BILLS
Union Calendar No. 580 

115TH CONGRESS 

2D SESSION H. R. 5590 

[Report No. 115–746, Part I] 

A BILL 

To require the Secretary of Health and Human 

and for other purposes. hance access to medication-assisted treatment, Medicaid to prevent opioids addictions and enommendations for changes under Medicare and Services to provide for an action plan on recJUNE 12, 2018 

Reported from the Committee on Energy and Commerce 

with an amendment 

JUNE 12, 2018 

The Committee on Ways and Means discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


pbinns on DSK79D2C42PROD with BILLS