I 
117TH CONGRESS 
1ST SESSION H. R. 5932 
To amend titles XVIII and XIX of the Social Security Act to provide for 
the improvement of patient safety and to reduce the incidence of injury 
and death from opioid-induced respiratory depression under the Medicare 
and Medicaid programs. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2021 
Ms. KUSTER (for herself and Mr. EMMER) 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 titles XVIII and XIX of the Social Security Act 
to provide for the improvement of patient safety and 
to reduce the incidence of injury and death from opioid- 
induced respiratory depression under the Medicare and 
Medicaid programs. 
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 ‘‘Inpatient Opioid Safe-
ty Act of 2021’’. 
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SEC. 2. PREVENTING OPIOID-INDUCED RESPIRATORY DE-
PRESSION AND DEATHS UNDER THE MEDI-
CARE AND MEDICAID PROGRAMS THROUGH 
REQUIRED MONITORING. 
(a) MEDICARE.—Section 1866(a)(1) of the Social Se-
curity Act (42 U.S.C. 1395cc(a)(1)) is amended— 
(1) in subparagraph (X), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (Y)(ii)(V), by striking the 
period and inserting ‘‘; and’’; and 
(3) by inserting after subparagraph (Y) the fol-
lowing new subparagraph: 
‘‘(Z) in the case of a hospital or critical access 
hospital and with respect to an individual who is fur-
nished, on or after July 1, 2022, any opioid (regard-
less of route of administration) while an inpatient of 
such hospital or critical access hospital, to furnish to 
such individual, during the period beginning at the 
time such opioid is furnished and ending 12 hours 
later (or, if earlier, the time such individual is dis-
charged), continuous physiologic electronic moni-
toring through a monitor that— 
‘‘(i) measures the adequacy of the respira-
tion of such individual to detect opioid-induced 
respiratory depression needing intervention; 
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‘‘(ii) can be configured to manage excess 
false alarms; and 
‘‘(iii) records and transmits information on 
blood oxygenation or ventilation of such indi-
vidual, 
unless, before furnishing such opioid, a physician or 
practitioner (as defined in section 1842(b)(18)(C)) 
treating such individual determines that such moni-
toring is contraindicated and records such deter-
mination in the treatment records of such indi-
vidual.’’. 
(b) MEDICAID.—Section 1902(a) of the Social Secu-
rity Act (42 U.S.C. 1396a(a))— 
(1) in paragraph (86), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (87), by striking the period 
and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (87) the fol-
lowing new paragraph: 
‘‘(88) provide that no hospital is eligible to re-
ceive payments under such plan unless such hospital 
furnishes continuous physiologic electronic moni-
toring in accordance with the provisions of section 
1866(a)(1)(Z).’’. 
Æ 
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