SEC. 
2. 
ENCOURAGING 
APPROPRIATE 
PRESCRIBING 
UNDER MEDICAID FOR VICTIMS OF OPIOID 
OVERDOSE. 
(a) IN GENERAL.—Section 1927(g)(2) of the Social 
Security Act (42 U.S.C. 1396r–8(g)(2)) is amended by 
adding at the end the following new subparagraph: 
‘‘(E) ADDITIONAL DRUG USE REVIEW RE-
QUIREMENTS.—As part of a State’s prospective 
and retrospective drug use review under sub-
paragraphs (A) and (B), as applicable, the 
State shall, not later than 24 months after the 
date of enactment of this subparagraph, develop 
and implement, or review and update, protocols 
to, subject to any applicable State or Federal 
privacy or confidentiality protections that could 
preclude such protocols— 
‘‘(i) identify individuals receiving ben-
efits under this title who have experienced 
a nonfatal opioid-related overdose within a 
look-back period (to be determined by the 
Secretary except that such period shall not 
be less than 1 year and shall not exceed 5 
years), to the extent that such data is 
available, and make a good faith effort to 
connect these individuals to treatment op-
tions and recovery support services that 
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have been determined appropriate by the 
Secretary; 
‘‘(ii) if an individual receiving benefits 
under this title experiences a fatal overdose 
that is opioid-related (without regard to 
whether such overdose was related to a 
covered outpatient drug), or, if specified by 
the Secretary, related to any other drug 
(including a drug that is not a covered out-
patient drug), not later than 6 months 
after the date of such overdose— 
‘‘(I) provide notice of such over-
dose to each provider that, during the 
period (to be established by the Sec-
retary) preceding such overdose, pre-
scribed opioids (or such other speci-
fied drug, if applicable) to such indi-
vidual, to the extent that such data is 
available; and 
‘‘(II) provide each such provider 
with educational materials on pre-
scribing opioids (or such other speci-
fied drugs, if applicable); 
‘‘(iii) ensure that a provider who is 
treating an individual receiving benefits 
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under this title has notice of the individ-
ual’s diagnosis or history of opioid use dis-
order, opioid poisoning diagnosis, history 
of nonfatal opioid-related overdose, or a di-
agnosis or history of a substance use dis-
order or overdose for such other specified 
drug, if applicable, to the extent such data 
is available; and 
‘‘(iv) perform ongoing retrospective 
drug utilization reviews and offer provider 
education that is informed by such reviews 
(which may include education provided 
under an educational outreach program es-
tablished under subparagraph (D) or 
through an intervention described in para-
graph (3)(C)(iii)) regarding appropriate 
prescribing practices for individuals receiv-
ing benefits under this title with a diag-
nosis or history of opioid use disorder, a 
history of nonfatal opioid-related overdose, 
an opioid poisoning diagnosis, or a diag-
nosis or history of a substance use disorder 
or overdose for such other specified drug, 
if applicable. 
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Nothing in this subparagraph shall be con-
strued as requiring a State to develop and im-
plement additional protocols if the State estab-
lishes to the satisfaction of the Secretary that 
the State has in place existing protocols meet-
ing or exceeding the standards set forth in this 
subparagraph.’’. 
(b) TECHNICAL AMENDMENTS.—Section 1932(i) of 
the Social Security Act (42 U.S.C. 1396u–2(i)) is amend-
ed— 
(1) by striking ‘‘section 483.3(s)(4)’’ and in-
serting ‘‘section 438.3(s)(4)’’; and 
(2) by striking ‘‘483.3(s)(5)’’ and inserting 
‘‘438.3(s)(5)’’. 
Æ 
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