I 

115TH CONGRESS 

2D SESSION H. R. 7369 

To amend title XVIII of the Social Security Act to require the Secretary 

of Health and Human Services to provide the Attorney General certain 

notifications in certain determinations made by the Secretary of improper 

prescribing of controlled substances, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 20, 2018 

Mr. BILIRAKIS (for himself and Mr. RUIZ) introduced the following bill; which 

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

to the Committees on Ways and Means, and the Judiciary, 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 

the Secretary of Health and Human Services to provide 

the Attorney General certain notifications in certain determinations made by the Secretary of improper prescribing of controlled substances, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DEA Notification Act 

5 of 2018’’. 


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1 SEC. 2. ESTABLISH RECIPROCITY WITH DRUG ENFORCE2 MENT ADMINISTRATION TO ADDRESS IM3 PROPER PRESCRIBING OF CONTROLLED SUB4 STANCES. 

5 (a) NOTIFICATION OF ATTORNEY GENERAL IN

6 CASES OF IMPROPER PRESCRIBING OF CONTROLLED

7 SUBSTANCES.—Section 1866(j) of the Social Security Act 

8 (42 U.S.C. 1395cc(j)) is amended by adding at the end 

9 the following new paragraph: 

10 ‘‘(10) NOTIFICATION OF ATTORNEY GEN11 ERAL.— 

12 ‘‘(A) IN GENERAL.—If the Secretary 

13 makes a determination described in subpara14 graph (B) with respect to improper prescribing 

15 of a controlled substance (as defined in section 

16 102(6) of the Controlled Substances Act), the 

17 Secretary shall notify the Attorney General in 

18 accordance with subparagraph (C). 

19 ‘‘(B) DETERMINATION BY SECRETARY.—A 

20 determination described in this subparagraph is 

21 a determination by the Secretary under 

22 which— 

23 ‘‘(i) the enrollment of a provider of 

24 services or supplier under this title is re25 voked, based in whole or in part on a find26 ing by the Secretary under section 


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1 424.535(a)(14) of title 42, Code of Federal 

2 Regulations (or any successor regulation), 

3 as applied to improper prescribing of con4 trolled substances; or 

5 ‘‘(ii) a provider of services or supplier 

6 is placed on the preclusion list as defined 

7 under sections 422.2 and 423.100 of such 

8 title 42 (or any successor regulation), 

9 based in whole or in part on a finding by 

10 the Secretary that such provider or sup11 plier has engaged in conduct, in connection 

12 with prescribing of controlled substances, 

13 that would be considered improper pre14 scribing under such section 

15 424.535(a)(14), if the provider of services 

16 or supplier were enrolled under this title. 

17 ‘‘(C) NOTIFICATION.—If the Secretary re18 vokes an enrollment or makes a preclusion list 

19 placement as described in subparagraph (B), 

20 the Secretary shall notify the Attorney General 

21 of such revocation or placement, no later than 

22 30 days after— 

23 ‘‘(i) the affirmation of such Secre24 tarial action, in response to a request for 

25 reconsideration by the provider of services 


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1 or supplier involved under section 

2 424.545(a) or part 498 of such title 42, as 

3 applicable (or any successor regulations); 

4 or 

5 ‘‘(ii) absent such a request for recon6 sideration, expiration of the time period 

7 during which such a request may be filed. 

8 ‘‘(D) RECOMMENDATION TO ATTORNEY

9 GENERAL.—Following a notification under sub10 paragraph (C) with respect to a provider of 

11 services or supplier, the Secretary shall rec12 ommend that the Attorney General consider re13 voking any registration (or waiver thereof) 

14 under section 303 of the Controlled Substances 

15 Act under which such provider or supplier is 

16 authorized to dispense controlled substances, to 

17 the extent such revocation is authorized under 

18 such Act. 

19 ‘‘(E) SUBSEQUENT NOTIFICATION.—In the 

20 case that a revocation of enrollment or a pre21 clusion list placement as described in subpara22 graph (B) is reversed under proceedings subse23 quent to the appropriate notification under sub24 paragraph (C), the Secretary shall inform the 

25 Attorney General of such reversal (and as appliVerDate Sep 11 2014 22:02 Dec 26, 2018 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7369.IH H7369

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1 cable, reinstatement of such enrollment or re2 moval from the preclusion list).’’. 

3 (b) SENSE OF THE CONGRESS.—It is the sense of 

4 the Congress that the Secretary of Health and Human 

5 Services should collaborate with the Attorney General in 

6 assessing the extent to which improper prescribing of con7 trolled substances may be effectively addressed through an 

8 amendment to the Controlled Substances Act or regula9 tions thereunder, as applicable, under which registration 

10 (or waiver thereof) under section 303 of such Act may be 

11 revoked for providers or suppliers who are the subject of 

12 a notification by the Secretary to the Attorney General 

13 under section 1866(j)(10) of the Social Security Act, as 

14 added by subsection (a). 

15 (c) TECHNICAL CORRECTION TO CITATION FOR AP16 PEALS PROVISION.—Section 1866(j)(5)(B) of the Social 

17 Security Act (42 U.S.C. 1395cc(j)(5)(B)) is amended by 

18 striking ‘‘paragraph (7)’’ and inserting ‘‘paragraph (9)’’. 

Æ 


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