I 
117TH CONGRESS 
1ST SESSION H. R. 4203 
To amend title XIX of the Social Security Act to encourage appropriate 
prescribing under Medicaid for victims of opioid overdose. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2021 
Mr. MULLIN (for himself, Mr. TRONE, Mr. FITZPATRICK, Ms. KUSTER, Ms. 
HERRERA BEUTLER, and Mr. BUTTERFIELD) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend title XIX of the Social Security Act to encourage 
appropriate prescribing under Medicaid for victims of 
opioid overdose. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Medicaid 
Programs’ Response to Overdose Victims and Enhancing 
Addiction Care Act’’ or the ‘‘IMPROVE Addiction Care 
Act’’. 
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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 January 1, 2022, de-
velop and implement, or review and update, 
protocols to, subject to any applicable privacy 
or confidentiality protections— 
‘‘(i) identify individuals receiving ben-
efits under this title who have experienced 
a nonfatal opioid-related overdose within 
the last 5 years, to the extent that such 
data is available, and make a good faith ef-
fort to connect these individuals to treat-
ment options that have been determined 
appropriate by the Secretary; 
‘‘(ii) if an individual receiving benefits 
under this title experiences a fatal overdose 
that is opioid-related (or, if specified by 
the Secretary, related to another covered 
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outpatient drug), not later than 6 months 
after the date of such overdose— 
‘‘(I) notify each provider that, 
during the period (to be established 
by the Secretary) preceding such over-
dose, prescribed opioids (or such other 
specified covered outpatient drug, if 
applicable) to such individual of such 
overdose; and 
‘‘(II) provide each such provider 
with educational materials on pre-
scribing opioids (or such other speci-
fied covered outpatient drugs, if appli-
cable); 
‘‘(iii) ensure that a provider who is 
treating an individual receiving benefits 
under this title has notice of the individ-
ual’s diagnosis or history of opioid use dis-
order, opioid poisoning diagnosis, or his-
tory of nonfatal opioid-related overdose; 
and 
‘‘(iv) perform ongoing retrospective 
drug utilization reviews and offer provider 
education that is informed by such reviews 
(which may include education provided 
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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, 
or an opioid poisoning diagnosis.’’. 
(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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