I 

115TH CONGRESS 

2D SESSION H. R. 5714 

To amend title XVIII of the Social Security Act to require Medicare Advantage plans offered under part C of the Medicare program and prescription 

drug plans offered under part D of such program to provide information 

relating to the safe disposal of prescription drugs that are controlled 

substances to certain individuals enrolled under such plans. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2018 

Mrs. BLACK (for herself, Mr. CROWLEY, Mr. RUIZ, and Mr. HUDSON) 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 

A BILL 

To amend title XVIII of the Social Security Act to require 

Medicare Advantage plans offered under part C of the 

Medicare program and prescription drug plans offered 

under part D of such program to provide information 

relating to the safe disposal of prescription drugs that 

are controlled substances to certain individuals enrolled 

under such plans. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Education for Disposal 

3 of Unused Opioids Act of 2018’’ or the ‘‘EDU Act of 

4 2018’’. 

5 SEC. 2. REQUIRING MEDICARE ADVANTAGE PLANS AND 

6 PRESCRIPTION DRUG PLANS TO PROVIDE IN7 FORMATION ON THE SAFE DISPOSAL OF PRE8 SCRIPTION DRUGS. 

9 (a) MEDICARE ADVANTAGE.—Section 1852 of the 

10 Social Security Act (42 U.S.C. 1395w–22) is amended by 

11 adding at the end the following new subsection: 

12 ‘‘(n) PROVISION OF INFORMATION RELATING TO THE

13 SAFE DISPOSAL OF CERTAIN PRESCRIPTION DRUGS.— 

14 ‘‘(1) IN GENERAL.—In the case of an individual 

15 enrolled under an MA or MA–PD plan who is fur16 nished an in-home health risk assessment on or after 

17 January 1, 2021, such plan shall ensure that such 

18 assessment includes information on the safe disposal 

19 of prescription drugs that are controlled substances 

20 that meets the criteria established under paragraph 

21 (2). Such information shall include information on 

22 drug takeback programs that meet such require23 ments determined appropriate by the Secretary and 

24 information on in-home disposal. 

25 ‘‘(2) CRITERIA.—The Secretary shall, through 

26 rulemaking, establish criteria the Secretary deterVerDate Sep 11 2014 01:25 May 16, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5714.IH H5714

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1 mines appropriate with respect to information pro2 vided to an individual to ensure that such informa3 tion sufficiently educates such individual on the safe 

4 disposal of prescription drugs that are controlled 

5 substances.’’. 

6 (b) PRESCRIPTION DRUG PLANS.—Section 1860D– 

7 4(c)(2)(B) of the Social Security Act (42 U.S.C. 1395w– 

8 104(c)(2)(B)) is amended— 

9 (1) by striking ‘‘may include elements that pro10 mote’’; 

11 (2) by redesignating clauses (i) through (iii) as 

12 subclauses (I) through (III) and adjusting the mar13 gins accordingly; 

14 (3) by inserting before subclause (I), as so re15 designated, the following new clause: 

16 ‘‘(i) may include elements that pro17 mote—’’; 

18 (4) in subclause (III), as so redesignated, by 

19 striking the period at the end and inserting ‘‘; and’’; 

20 and 

21 (5) by adding at the end the following new 

22 clause: 

23 ‘‘(ii) with respect to plan years begin24 ning on or after January 1, 2021, shall 

25 provide for— 


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1 ‘‘(I) the provision of information 

2 to the enrollee on the safe disposal of 

3 prescription drugs that are controlled 

4 substances that meets the criteria es5 tablished under section 1852(n)(2), 

6 including information on drug take7 back programs that meet such re8 quirements determined appropriate by 

9 the Secretary and information on in10 home disposal; and 

11 ‘‘(II) cost-effective means by 

12 which an enrollee may so safely dis13 pose of such drugs.’’. 

Æ 


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