IB 
Union Calendar No. 586 
115TH CONGRESS 
2D SESSION 
H. R. 5809 
[Report No. 115–753, Part I] 
To amend title XVIII of the Social Security Act to encourage the use of 
non-opioid analgesics for the management of post-surgical pain under 
the Medicare program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2018 
Mr. PETERS (for himself and Mr. BUCSHON) 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 subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
JUNE 13, 2018 
Additional sponsors: Ms. ESHOO, Mrs. BLACKBURN, and Mr. WALDEN 
JUNE 13, 2018 
Reported from the Committee on Energy and Commerce 
JUNE 13, 2018 
Committee on Ways and Means discharged; committed to the Committee of 
the Whole House on the State of the Union and ordered to be printed 
VerDate Sep 11 2014 
20:08 Jun 14, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H5809.RH
H5809
daltland on DSKBBV9HB2PROD with BILLS
A BILL 
To amend title XVIII of the Social Security Act to encourage 
the use of non-opioid analgesics for the management 
of post-surgical pain under the Medicare program, and 
for other purposes. 
VerDate Sep 11 2014 
22:34 Jun 13, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H5809.RH
H5809
daltland on DSKBBV9HB2PROD with BILLS
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 ‘‘Postoperative Opioid 
Prevention Act of 2018’’. 
SEC. 2. MEDICARE INCENTIVES FOR USE OF NON-OPIOID 
ANALGESICS IN HOSPITAL OUTPATIENT DE-
PARTMENTS AND AMBULATORY SURGICAL 
CENTERS. 
Section 1833(t)(6) of the Social Security Act (42 
U.S.C. 1395l(t)(6)) is amended— 
(1) in subparagraph (C)(i), by inserting ‘‘or, in 
the case of an eligible non-opioid analgesic (as de-
fined in subparagraph (J)), during a period of 5 
years,’’ after ‘‘3 years,’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(J) ELIGIBLE
NON-OPIOID
ANALGESIC 
DEFINED.—In this paragraph, the term ‘eligible 
non-opioid analgesic’ means a drug or biologi-
cal— 
‘‘(i) that is an analgesic that is not an 
opioid; 
‘‘(ii) that demonstrated substantial 
clinical improvement; and 
VerDate Sep 11 2014 
22:34 Jun 13, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5809.RH
H5809
daltland on DSKBBV9HB2PROD with BILLS
‘‘(iii) for which payment— 
‘‘(I) as an outpatient hospital 
service under this part was not being 
made as of the date of the enactment 
of this subparagraph; or 
‘‘(II) was being made under this 
paragraph as of such date.’’. 
VerDate Sep 11 2014 
22:34 Jun 13, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5809.RH
H5809
daltland on DSKBBV9HB2PROD with BILLS
VerDate Sep 11 2014 
22:34 Jun 13, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5809.RH
H5809
daltland on DSKBBV9HB2PROD with BILLS
Union Calendar No. 586 
115TH CONGRESS 
2D SESSION 
H. R. 5809 
[Report No. 115–753, Part I] 
A BILL 
To amend title XVIII of the Social Security Act to 
encourage the use of non-opioid analgesics for 
the management of post-surgical pain under the 
Medicare program, and for other purposes. 
JUNE 13, 2018 
Reported from the Committee on Energy and Commerce 
JUNE 13, 2018 
Committee on Ways and Means discharged; committed to 
the Committee of the Whole House on the State of the 
Union and ordered to be printed 
VerDate Sep 11 2014 
22:34 Jun 13, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6651
Sfmt 6651
E:\BILLS\H5809.RH
H5809
daltland on DSKBBV9HB2PROD with BILLS