I 
115TH CONGRESS 
2D SESSION 
H. R. 5686 
To amend title XVIII of the Social Security Act to require prescription 
drug plans under Medicare part D to include information on the adverse 
effects of opioid overutilization and of coverage of nonpharmacological 
therapies and nonopioid medications or devices used to treat pain. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2018 
Mr. PAULSEN (for himself, Mr. KIND, Mr. COLLINS of New York, and Mr. 
LAMB) 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 juris-
diction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to require 
prescription drug plans under Medicare part D to include 
information on the adverse effects of opioid overutiliza-
tion and of coverage of nonpharmacological therapies 
and nonopioid medications or devices used to treat pain. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medicare Clear Health 
Options in Care for Enrollees Act of 2018’’ or the ‘‘Medi-
care CHOICE Act of 2018’’. 
SEC. 2. REQUIRING MEDICARE PART D PRESCRIPTION 
DRUG PLANS TO INCLUDE INFORMATION ON 
ADVERSE EFFECTS RELATING TO OPIOIDS 
AND COVERAGE OF NONPHARMACOLOGICAL 
THERAPIES AND NONOPIOID MEDICATIONS 
OR DEVICES USED TO TREAT PAIN. 
Section 1860D–4(a)(1) of the Social Security Act (42 
U.S.C. 1395w–104(a)(1)) is amended— 
(1) in subparagraph (A), by inserting ‘‘, subject 
to subparagraph (C),’’ before ‘‘including’’; 
(2) in subparagraph (B), by adding at the end 
the following new clause: 
‘‘(vi) For plan year 2021 and each 
subsequent plan year, subject to subpara-
graph (C), with respect to the treatment of 
pain— 
‘‘(I) the adverse effects of pro-
longed opioid use; and 
‘‘(II) coverage of nonpharma-
cological 
therapies, 
devices, 
and 
nonopioid medications— 
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‘‘(aa) in the case of an MA- 
PD plan under part C, under 
such plan; and 
‘‘(bb) in the case of a pre-
scription drug plan under such 
plan and under parts A and B.’’; 
and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) TARGETED PROVISION OF INFORMA-
TION.—A PDP sponsor of a prescription drug 
plan may, in lieu of disclosing the information 
described in subparagraph (B)(vi) to each en-
rollee under the plan, disclose such information 
through mail or electronic communications to a 
subset of enrollees under the plan, such as en-
rollees who have been prescribed an opioid in 
the previous two-year period.’’. 
Æ 
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