IB 

Union Calendar No. 586 

115TH CONGRESS 

2D SESSION H. R. 5809 

[Report No. 115–753, Part I] 

To amend title XVIII of the Social Security Act to encourage the use of 

non-opioid analgesics for the management of post-surgical pain under 

the Medicare program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2018 

Mr. PETERS (for himself and Mr. BUCSHON) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

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

provisions as fall within the jurisdiction of the committee concerned 

JUNE 13, 2018 

Additional sponsors: Ms. ESHOO, Mrs. BLACKBURN, and Mr. WALDEN

JUNE 13, 2018 

Reported from the Committee on Energy and Commerce 

JUNE 13, 2018 

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 


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•HR 5809 RH

A BILL 

To amend title XVIII of the Social Security Act to encourage 

the use of non-opioid analgesics for the management 

of post-surgical pain under the Medicare program, and 

for other purposes. 


daltland on DSKBBV9HB2PROD with BILLS
3 

•HR 5809 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 ‘‘Postoperative Opioid 

5 Prevention Act of 2018’’. 

6 SEC. 2. MEDICARE INCENTIVES FOR USE OF NON-OPIOID 

7 ANALGESICS IN HOSPITAL OUTPATIENT DE8 PARTMENTS AND AMBULATORY SURGICAL 

9 CENTERS. 

10 Section 1833(t)(6) of the Social Security Act (42 

11 U.S.C. 1395l(t)(6)) is amended— 

12 (1) in subparagraph (C)(i), by inserting ‘‘or, in 

13 the case of an eligible non-opioid analgesic (as de14 fined in subparagraph (J)), during a period of 5 

15 years,’’ after ‘‘3 years,’’; and 

16 (2) by adding at the end the following new sub17 paragraph: 

18 ‘‘(J) ELIGIBLE NON-OPIOID ANALGESIC

19 DEFINED.—In this paragraph, the term ‘eligible 

20 non-opioid analgesic’ means a drug or biologi21 cal— 

22 ‘‘(i) that is an analgesic that is not an 

23 opioid; 

24 ‘‘(ii) that demonstrated substantial 

25 clinical improvement; and 


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•HR 5809 RH

1 ‘‘(iii) for which payment— 

2 ‘‘(I) as an outpatient hospital 

3 service under this part was not being 

4 made as of the date of the enactment 

5 of this subparagraph; or 

6 ‘‘(II) was being made under this 

7 paragraph as of such date.’’. 


daltland on DSKBBV9HB2PROD with BILLS

daltland on DSKBBV9HB2PROD with BILLS
Union Calendar No. 586 

115TH CONGRESS 

2D SESSION H. R. 5809 

[Report No. 115–753, Part I] 

A BILL 

To amend title XVIII of the Social Security Act to 

Medicare program, and for other purposes. the management of post-surgical pain under the encourage the use of non-opioid analgesics for 

JUNE 13, 2018 

Reported from the Committee on Energy and Commerce 

JUNE 13, 2018 

Committee on Ways and Means discharged; committed to 

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


daltland on DSKBBV9HB2PROD with BILLS