I 
116TH CONGRESS 
1ST SESSION H. R. 5242 
To amend title XIX of the Social Security Act to prohibit the Secretary 
of Health and Human Services from treating any Medicaid-related funds 
recovered from one or more pharmaceutical companies or drug distribu-
tors with respect to opioid litigation as an overpayment under such 
title, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2019 
Mr. MCKINLEY (for himself and Ms. KAPTUR) 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 prohibit 
the Secretary of Health and Human Services from treat-
ing any Medicaid-related funds recovered from one or 
more pharmaceutical companies or drug distributors with 
respect to opioid litigation as an overpayment under such 
title, and for other purposes. 
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 ‘‘Opioid Settlement Ac-
countability Act’’. 
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SEC. 2. PROHIBITION ON TREATING ANY MEDICAID-RE-
LATED FUNDS RECOVERED FROM ONE OR 
MORE 
PHARMACEUTICAL 
COMPANIES 
OR 
DRUG DISTRIBUTORS WITH RESPECT TO 
OPIOID LITIGATION AS AN OVERPAYMENT. 
(a) IN GENERAL.—Section 1903(d)(3) of the Social 
Security Act (42 U.S.C. 1396(d)(3)) is amended by add-
ing at the end the following new subparagraph: 
‘‘(C)(i) Subparagraph (A) and paragraph (2)(B) may 
not apply to any amount recovered or paid to a State on 
or after December 31, 2023, as a part of a comprehensive 
settlement of opioid litigation between pharmaceutical 
manufacturers (as defined in the second sentence of sec-
tion 102(15) of the Controlled Substances Act) or drug 
distributors (as defined in the second sentence of section 
102(12) of such Act) and State attorneys general, or as 
a part of any individual State settlement or judgement 
reached in such litigation initiated or pursued by a State 
against one or more such companies or distributors. 
‘‘(ii) A State shall use amounts recovered or paid to 
the State as a part of comprehensive or individual settle-
ment, or a judgement, described in clause (i) for— 
‘‘(I) supporting access to treatment (including 
medication assisted treatment) and health care serv-
ices (including services provided by Federally cer-
tified opioid treatment programs or other appro-
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priate health care providers to treat individuals with 
opioid use disorder and subsequent support and 
wrap around services that encourage employment 
and reintegration to society); 
‘‘(II) education related to opioid use disorder; 
‘‘(III) implementing prevention activities, in-
cluding the reduction of the furnishing of opioids by 
health care practitioners and introduction of non- 
opioid pain management approaches; 
‘‘(IV) training for health care practitioners with 
respect to best practices for prescribing opioids, pain 
management, educating patients of the risk of opioid 
use to treat chronic and acute conditions, recog-
nizing potential cases of substance abuse, referral of 
patients to treatment programs, and overdose pre-
vention; 
‘‘(V) supporting State and Federal law enforce-
ment actions and first responder capital equipment 
relating to the illegal distribution of opioids and 
opioid analogues; and 
‘‘(VI) any other public health-related activities 
and social support services (including housing, em-
ployment, child-well being, criminal justice, and 
emergency management) relating to addressing the 
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opioid abuse crisis within such State, as such State 
determines appropriate; and 
evaluating at least one of the activities described in this 
clause to identify effective strategies to prevent opioid 
abuse and substance abuse disorders.’’. 
(b) RETROACTIVE EFFECTIVE DATE.—The amend-
ment made by this section shall take effect as if enacted 
on January 1, 2019. 
Æ 
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