I 
117TH CONGRESS 
2D SESSION 
H. R. 8908 
To amend title XI of the Social Security Act to require the Inspector General 
of the Department of Health and Human Services to review a safe 
harbor under the anti-kickback statute for certain contingency manage-
ment interventions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2022 
Mr. ESTES (for himself and Mr. PANETTA) 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 provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title XI of the Social Security Act to require 
the Inspector General of the Department of Health and 
Human Services to review a safe harbor under the anti- 
kickback statute for certain contingency management 
interventions, 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 ‘‘Fighting Stimulant 
and other Substance Use Disorders Act’’. 
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SEC. 2. REVIEW OF SAFE HARBOR UNDER THE ANTI-KICK-
BACK STATUTE FOR CERTAIN CONTINGENCY 
MANAGEMENT INTERVENTIONS. 
(a) IN GENERAL.—Section 1128D(a) of the Social 
Security Act (42 U.S.C. 1320a–7d(a)) is amended by add-
ing at the end the following new paragraph: 
‘‘(3) REVIEW OF SAFE HARBOR FOR CERTAIN 
CONTINGENCY MANAGEMENT INTERVENTIONS.— 
‘‘(A) IN GENERAL.—Pursuant to the final 
rule titled ‘Medicare and State Health Care 
Programs: Fraud and Abuse; Revisions to Safe 
Harbors Under the Anti-Kickback Statute, and 
Civil Monetary Penalty Rules Regarding Bene-
ficiary Inducements’ and published in the Fed-
eral Register on December 2, 2020 (85 Fed. 
Reg. 77684), not later than one year after the 
date of the enactment of this paragraph, the In-
spector General of the Department of Health 
and Human Services shall conduct a review on 
whether to establish a safe harbor described in 
paragraph (1)(A)(ii) for evidence-based contin-
gency management incentives and the param-
eters for such a safe harbor. In conducting the 
review under the previous sentence, the Sec-
retary shall consider the extent to which pro-
viding such a safe harbor for evidence-based 
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contingency management incentives may result 
in any of the factors described in paragraph 
(2). 
‘‘(i) REPORT.—Not later than two years 
after the date of the enactment of this para-
graph, the Secretary and the Inspector General 
of the Department of Health and Human Serv-
ices shall submit to Congress recommendations, 
including based on the review conducted under 
subparagraph (A), for improving access to evi-
dence-based contingency management interven-
tions while ensuring quality of care, ensuring fi-
delity to evidence-based practices, and including 
strong program integrity safeguards that pre-
vent increased waste, fraud, and abuse and pre-
vent medically unnecessary or inappropriate 
items or services reimbursed in whole or in part 
by a Federal health care program.’’. 
Æ 
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