H. R. 2617—1457 
entity or otherwise have clinical privileges at such 
entity; 
‘‘(V) is offered to all such physicians and clinicians 
on the same terms and conditions and without regard 
to the volume or value of referrals or other business 
generated by a physician or clinician for such entity; 
‘‘(VI) is evidence-based and conducted by a quali-
fied health professional; and 
‘‘(VII) meets such other requirements the Secretary 
may impose by regulation as needed to protect against 
program or patient abuse; 
‘‘(ii) such entity is— 
‘‘(I) a hospital; 
‘‘(II) an ambulatory surgical center; 
‘‘(III) a community health center; 
‘‘(IV) a rural emergency hospital; 
‘‘(V) a skilled nursing facility; or 
‘‘(VI) any similar entity, as determined by the Sec-
retary; and 
‘‘(iii) neither the provision of such program, nor the 
value of such program, are contingent upon the number 
or value of referrals made by a physician or other clinician 
to such entity or the amount or value of other business 
generated by such physician for the entity.’’. 
SEC. 4127. CONSIDERATION OF SAFE HARBOR UNDER THE ANTI-KICK-
BACK STATUTE FOR CERTAIN CONTINGENCY MANAGE-
MENT INTERVENTIONS. 
Section 1128D(a) of the Social Security Act (42 U.S.C. 1320a– 
7d(a)) is amended by adding at the end the following new paragraph: 
‘‘(3) CONSIDERATION OF SAFE HARBOR FOR CERTAIN CONTIN-
GENCY MANAGEMENT INTERVENTIONS.— 
‘‘(A) IN GENERAL.—Not later than one year after the 
date of the enactment of this paragraph, the Inspector 
General shall conduct a review on whether to establish 
a safe harbor described in paragraph (1)(A)(ii) for evidence- 
based contingency management incentives and the param-
eters for such a safe harbor. In conducting the review 
under the previous sentence, the Inspector General shall 
consider the extent to which providing such a safe harbor 
for evidence-based contingency management incentives 
may result in any of the factors described in paragraph 
(2). 
‘‘(B) REPORT.—Not later than two years after the date 
of the enactment of this paragraph, the Secretary and 
the Inspector General shall submit to Congress rec-
ommendations, including based on the review conducted 
under subparagraph (A), for improving access to evidence- 
based 
contingency 
management 
interventions 
while 
ensuring quality of care, ensuring fidelity to evidence-based 
practices, and including strong program integrity safe-
guards that prevent increased waste, fraud, and abuse 
and prevent medically unnecessary or inappropriate items 
or services reimbursed in whole or in part by a Federal 
health care program.’’.
H. R. 2617—1458 
SEC. 4128. PROVIDER OUTREACH AND REPORTING ON CERTAIN 
BEHAVIORAL HEALTH INTEGRATION SERVICES. 
(a) OUTREACH.—The Secretary of Health and Human Services 
(in this section referred to as the ‘‘Secretary’’) shall conduct outreach 
to physicians and appropriate non-physician practitioners partici-
pating under the Medicare program under title XVIII of the Social 
Security Act (42 U.S.C. 1395 et seq.) with respect to behavioral 
health integration services described by any of HCPCS codes 99492 
through 99494 or 99484 (or any successor code). Such outreach 
shall include a comprehensive, one-time education initiative to 
inform such physicians and practitioners of the inclusion of such 
services as a covered benefit under the Medicare program, including 
describing the requirements to bill for such codes and the require-
ments for beneficiary eligibility for such services. 
(b) REPORTS TO CONGRESS.— 
(1) PROVIDER OUTREACH.—Not later than 1 year after the 
date of the completion of the education initiative described 
in subsection (a), the Secretary shall submit to the Committee 
on Ways and Means and the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Finance of the Senate a report on the outreach conducted 
under such subsection. Such report shall include a description 
of the methods used for such outreach. 
(2) UTILIZATION RATES.—Not later than 18 months after 
the date of the completion of the education initiative described 
in subsection (a), and two years thereafter, the Secretary shall 
submit to the Committee on Ways and Means and the Com-
mittee on Energy and Commerce of the House of Representa-
tives and the Committee on Finance of the Senate a report 
on the number of Medicare beneficiaries (including those bene-
ficiaries accessing services in rural and underserved areas) 
who, during the preceding year, were furnished services 
described in subsection (a) for which payment was made under 
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). 
SEC. 4129. OUTREACH AND REPORTING ON OPIOID USE DISORDER 
TREATMENT SERVICES FURNISHED BY OPIOID TREAT-
MENT PROGRAMS. 
(a) OUTREACH.— 
(1) PROVIDER
OUTREACH.—The Secretary of Health and 
Human Services (in this section referred to as the ‘‘Secretary’’) 
shall conduct outreach to physicians and appropriate non-physi-
cian practitioners participating under the Medicare program 
under title XVIII of the Social Security Act (42 U.S.C. 1395 
et seq.) with respect to opioid use disorder treatment services 
furnished by an opioid treatment program (as defined in section 
1861(jjj) of the Social Security Act (42 U.S.C. 1395x(jjj))). Such 
outreach shall include a comprehensive, one-time education 
initiative to inform such physicians and practitioners of the 
inclusion of such services as a covered benefit under the Medi-
care program, including describing the requirements for billing 
and the requirements for beneficiary eligibility for such services. 
(2) BENEFICIARY OUTREACH.—The Secretary shall conduct 
outreach to Medicare beneficiaries with respect to opioid use 
disorder treatment services furnished by an opioid treatment 
program (as defined in section 1861(jjj) of the Social Security 
Act (42 U.S.C. 1395x(jjj))), including a comprehensive, one-
H. R. 2617—1459 
time education initiative informing such beneficiaries about 
the eligibility requirements to receive such services. 
(b) REPORTS TO CONGRESS.— 
(1) OUTREACH.—Not later than 1 year after the date of 
the completion of the education initiatives described in sub-
section (a), the Secretary shall submit to the Committee on 
Ways and Means and the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Finance 
of the Senate a report on the outreach conducted under such 
subsection. Such report shall include a description of the 
methods used for such outreach. 
(2) UTILIZATION RATES.—Not later than 18 months after 
the date of the completion of the education initiatives described 
in subsection (a), and two years thereafter, the Secretary shall 
submit to the Committee on Ways and Means and the Com-
mittee on Energy and Commerce of the House of Representa-
tives and the Committee on Finance of the Senate a report 
on the number of Medicare beneficiaries who, during the pre-
ceding year, were furnished opioid use disorder treatment serv-
ices by an opioid treatment program (as defined in section 
1861(jjj) of the Social Security Act (42 U.S.C. 1395x(jjj))) for 
which payment was made under title XVIII of such Act (42 
U.S.C. 1395 et seq.). 
SEC. 4130. GAO STUDY AND REPORT COMPARING COVERAGE OF 
MENTAL HEALTH AND SUBSTANCE USE DISORDER BENE-
FITS AND NON-MENTAL HEALTH AND SUBSTANCE USE 
DISORDER BENEFITS. 
(a) STUDY.— 
(1) IN GENERAL.—The Comptroller General of the United 
States (in this section referred to as the ‘‘Comptroller General’’) 
shall conduct a study that compares the mental health and 
substance use disorder benefits offered by Medicare Advantage 
plans (including specialized MA plans for special needs individ-
uals, as defined in section 1859(b)(6) of the Social Security 
Act (42 U.S.C. 1395w–28(b)(6)) under part C of title XVIII 
of such Act with— 
(A) benefits (other than mental health and substance 
use disorder benefits) offered by such Medicare Advantage 
plans; and 
(B) the mental health and substance use disorder bene-
fits under the original Medicare fee-for-service program 
under parts A and B of such title XVIII. 
(2) ANALYSIS.—To the extent data is available and reliable, 
the study under paragraph (1) shall include an analysis of— 
(A) out-of-pocket expenses for in-network care; 
(B) the use of prior authorization and other utilization 
management tools; 
(C) the mental health and substance use disorder bene-
fits offered; and 
(D) other items determined appropriate by the Comp-
troller General. 
(3) PLAN AND SERVICE SPECIFIC.—To the extent practicable, 
the study under paragraph (1) shall examine differences by 
type of Medicare Advantage plan and type of item or service. 
(4) BOTH
REQUIRED
AND
SUPPLEMENTAL
BENEFITS.—For 
purposes of the study under paragraph (1), benefits offered
H. R. 2617—1460 
by Medicare Advantage plans (including specialized MA plans 
for special needs individuals) under part C of title XVIII of 
the Social Security Act shall include both and differentiate 
between— 
(A) benefits under the original Medicare fee-for-service 
program, as described in section 1852(a)(1)(B) of such Act 
(42 U.S.C. 1395w–22(a)(1)(B)); and 
(B) supplemental health care benefits, as described 
in section 1852(a)(3)(A) of such Act (42 U.S.C. 1395w– 
22(a)(3)(A)). 
(b) REPORT.—Not later than 30 months after the date of the 
enactment of this Act, the Comptroller General shall submit to 
Congress a report on the study conducted under subsection (a). 
Subtitle D—Other Medicare Provisions 
SEC. 4131. TEMPORARY INCLUSION OF AUTHORIZED ORAL ANTIVIRAL 
DRUGS AS COVERED PART D DRUG. 
Section 1860D–2(e)(1) of the Social Security Act (42 U.S.C. 
1395w–102(e)(1)) is amended— 
(1) in subparagraph (A), by striking at the end ‘‘or’’; 
(2) in subparagraph (B), by striking the comma at the 
end and inserting ‘‘; or’’; and 
(3) by inserting after subparagraph (B) the following new 
subparagraph: 
‘‘(C) for the period beginning on the date of the enact-
ment of this subparagraph and ending on December 31, 
2024, an oral antiviral drug that may be dispensed only 
upon a prescription and is authorized under section 564 
of the Federal Food, Drug, and Cosmetic Act, on the basis 
of the declaration published in the Federal Register by 
the Secretary of Health and Human Services on April 
1, 2020 (85 Fed. Reg. 18250 et seq.),’’. 
SEC. 4132. RESTORATION OF CBO ACCESS TO CERTAIN PART D PAY-
MENT DATA. 
Section 1860D–15(f)(2) of the Social Security Act (42 U.S.C. 
1395w–115(f)(2)) is amended— 
(1) in subparagraph (B), by striking at the end ‘‘and’’; 
(2) in subparagraph (C), by striking at the end the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(D) by the Director of the Congressional Budget Office 
for the purposes of analysis of programs authorized under 
the Social Security Act, as applicable, and the fulfilment 
of such Director’s duties under the Congressional Budget 
and Impoundment Control Act of 1974.’’. 
SEC. 
4133. 
MEDICARE 
COVERAGE 
OF 
CERTAIN 
LYMPHEDEMA 
COMPRESSION TREATMENT ITEMS. 
(a) COVERAGE.— 
(1) IN GENERAL.—Section 1861 of the Social Security Act 
(42 U.S.C. 1395x), as amended by section 4121(a), is amended— 
(A) in subsection (s)(2)— 
(i) in subparagraph (HH), by striking ‘‘and’’ after 
the semicolon at the end;
H. R. 2617—1461 
(ii) in subparagraph (II), by striking the period 
at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following new 
subparagraph: 
‘‘(JJ) lymphedema compression treatment items (as defined 
in subsection (mmm));’’; and 
(B) by adding at the end the following new subsection: 
‘‘(mmm) LYMPHEDEMA COMPRESSION TREATMENT ITEMS.—The 
term ‘lymphedema compression treatment items’ means standard 
and custom fitted gradient compression garments and other items 
determined by the Secretary that are— 
‘‘(1) furnished on or after January 1, 2024, to an individual 
with a diagnosis of lymphedema for the treatment of such 
condition; 
‘‘(2) primarily and customarily used to serve a medical 
purpose and for the treatment of lymphedema, as determined 
by the Secretary; and 
‘‘(3) prescribed by a physician (or a physician assistant, 
nurse practitioner, or a clinical nurse specialist (as those terms 
are defined in section 1861(aa)(5)) to the extent authorized 
under State law).’’. 
(2) PAYMENT.— 
(A) IN GENERAL.—Section 1833(a)(1) of the Social Secu-
rity Act (42 U.S.C. 1395l(a)(1)) , as amended by section 
4121(a), is amended— 
(i) by striking ‘‘and’’ before ‘‘(FF)’’; and 
(ii) by inserting before the semicolon at the end 
the following: ‘‘, and (GG) with respect to lymphedema 
compression treatment items (as defined in section 
1861(mmm)), the amount paid shall be equal to 80 
percent of the lesser of the actual charge or the amount 
determined under the payment basis determined under 
section 1834(z)’’. 
(B) PAYMENT
BASIS
AND
LIMITATIONS.—Section 1834 
of the Social Security Act (42 U.S.C. 1395m) is amended 
by adding at the end the following new subsection: 
‘‘(z) PAYMENT
FOR
LYMPHEDEMA
COMPRESSION
TREATMENT 
ITEMS.— 
‘‘(1) IN GENERAL.—The Secretary shall determine an appro-
priate payment basis for lymphedema compression treatment 
items (as defined in section 1861(mmm)). In making such a 
determination, the Secretary may take into account payment 
rates for such items under State plans (or waivers of such 
plans) under title XIX, the Veterans Health Administration, 
and group health plans and health insurance coverage (as 
such terms are defined in section 2791 of the Public Health 
Service Act), and such other information as the Secretary deter-
mines appropriate. 
‘‘(2) FREQUENCY LIMITATION.—No payment may be made 
under this part for lymphedema compression treatment items 
furnished other than at such frequency as the Secretary may 
establish. 
‘‘(3) APPLICATION OF COMPETITIVE ACQUISITION.—In the case 
of lymphedema compression treatment items that are included 
in a competitive acquisition program in a competitive acquisi-
tion area under section 1847(a)—
H. R. 2617—1462 
‘‘(A) the payment basis under this subsection for such 
items furnished in such area shall be the payment basis 
determined under such competitive acquisition program; 
and 
‘‘(B) the Secretary may use information on the payment 
determined under such competitive acquisition programs 
to adjust the payment amount otherwise determined under 
this subsection for an area that is not a competitive acquisi-
tion area under section 1847, and in the case of such 
adjustment, paragraphs (8) and (9) of section 1842(b) shall 
not be applied.’’. 
(3) CONFORMING AMENDMENT.—Section 1847(a)(2) of the 
Social Security Act (42 U.S.C. 1395w–3(a)(2)) is amended by 
adding at the end the following new subparagraph: 
‘‘(D) LYMPHEDEMA COMPRESSION TREATMENT ITEMS.— 
Lymphedema compression treatment items (as defined in 
section 1861(mmm)) for which payment would otherwise 
be made under section 1834(z).’’. 
(b) INCLUSION IN REQUIREMENTS FOR SUPPLIERS OF MEDICAL 
EQUIPMENT
AND SUPPLIES.—Section 1834 of the Social Security 
Act (42 U.S.C. 1395m) is amended— 
(1) in subsection (a)(20)(D), by adding at the end the fol-
lowing new clause: 
‘‘(iv) Lymphedema compression treatment items 
(as defined in section 1861(mmm)).’’. 
(2) in subsection (j)(5)— 
(A) by redesignating subparagraphs (E) and (F) as 
subparagraphs (F) and (G), respectively; and 
(B) by inserting after subparagraph (D) the following 
new subparagraph: 
‘‘(E) lymphedema compression treatment items (as 
defined in section 1861(mmm));’’. 
SEC. 4134. PERMANENT IN-HOME BENEFIT FOR IVIG SERVICES. 
(a) COVERAGE.—Section 1861 of the Social Security Act (42 
U.S.C. 1395x) is amended— 
(1) in subsection (s)(2)(Z) by inserting ‘‘, and items and 
services furnished on or after January 1, 2024, related to the 
administration of intravenous immune globulin,’’ after ‘‘glob-
ulin’’; and 
(2) in subsection (zz), by inserting ‘‘furnished before 
January 1, 2024,’’ after ‘‘but not including items or services’’. 
(b) PAYMENT.—Section 1842(o) of the Social Security Act (42 
U.S.C. 1395u(o)) is amended by adding at the end the following 
new paragraph: 
‘‘(8) In the case of intravenous immune globulin described 
in section 1861(s)(2)(Z) that are furnished on or after January 
1, 2024, to an individual by a supplier in the patient’s home, 
the Secretary shall provide for a separate bundled payment 
to the supplier for all items and services related to the adminis-
tration of such intravenous immune globulin to such individual 
in the patient’s home during a calendar day in an amount 
that the Secretary determines to be appropriate, which may 
be based on the payment established pursuant to subsection 
(d) of section 101 of the Medicare IVIG Access and Strength-
ening Medicare and Repaying Taxpayers Act of 2012. For pur-
poses of the preceding sentence, such separate bundled payment
H. R. 2617—1463 
shall not apply in the case of an individual receiving home 
health services under section 1895.’’. 
(c) CLARIFICATION WITH RESPECT TO PAYMENT FOR THE IN- 
HOME ADMINISTRATION
OF IVIG ITEMS
AND SERVICES.—Section 
1834(j)(5) of the Social Security Act (42 U.S.C. 1395m(j)(5)) is 
amended— 
(1) by redesignating subparagraphs (E) and (F) as subpara-
graphs (F) and (G), respectively; and 
(2) by inserting after subparagraph (D) the following new 
subparagraph: 
‘‘(E) items and services related to the administration 
of intravenous immune globulin furnished on or after 
January 1, 2024, as described in section 1861(zz);’’. 
(d) COINSURANCE.—Section 1833(a)(1) of the Social Security 
Act (42 U.S.C. 1395l(a)(1), as amended by section 4121(a) and 
section 4133(a), is amended— 
(1) by striking ‘‘and’’ before ‘‘(GG)’’; and 
(2) by inserting before the semicolon at the end the fol-
lowing: ‘‘, and (HH) with respect to items and services related 
to the administration of intravenous immune globulin furnished 
on or after January 1, 2024, as described in section 1861(zz), 
the amounts paid shall be the lesser of the 80 percent of 
the actual charge or the payment amount established under 
section 1842(o)(8)’’. 
(e) ADDITIONAL FUNDING FOR MEDICARE IVIG DEMONSTRATION 
PROJECT.— 
(1) FUNDING.—There is authorized to be appropriated, and 
there is hereby appropriated, out of any monies in the Treasury 
not otherwise appropriated, $4,300,000 for purposes of paying 
for items and services furnished under the demonstration 
project established by the Medicare IVIG Access and Strength-
ening Medicare and Repaying Taxpayers Act of 2012 (42 U.S.C. 
1395l note). 
(2) SUPPLEMENT, NOT
SUPPLANT.—Any amounts appro-
priated pursuant to this subsection shall be in addition to 
any other amounts otherwise appropriated pursuant to any 
other provision of law. 
SEC. 4135. ACCESS TO NON-OPIOID TREATMENTS FOR PAIN RELIEF. 
(a) IN GENERAL.—Section 1833(t) of the Social Security Act 
(42 U.S.C. 1395l(t)) is amended— 
(1) in paragraph (2)(E), by inserting ‘‘and temporary addi-
tional payments for non-opioid treatments for pain relief under 
paragraph (16)(G),’’ after ‘‘payments under paragraph (6)’’; and 
(2) in paragraph (16), by adding at the end the following 
new subparagraph: 
‘‘(G) TEMPORARY
ADDITIONAL
PAYMENTS
FOR
NON- 
OPIOID TREATMENTS FOR PAIN RELIEF.— 
‘‘(i) IN
GENERAL.—Notwithstanding any other 
provision of this subsection, with respect to a non- 
opioid treatment for pain relief (as defined in clause 
(iv)) furnished on or after January 1, 2025, and before 
January 1, 2028, the Secretary shall not package pay-
ment for such non-opioid treatment for pain relief into 
a payment for a covered OPD service (or group of 
services), and shall make an additional payment as
H. R. 2617—1464 
specified in clause (ii) for such non-opioid treatment 
for pain relief. 
‘‘(ii) AMOUNT OF PAYMENT.—Subject to the limita-
tion under clause (iii), the amount of the payment 
specified in this clause is, with respect to a non-opioid 
treatment for pain relief that is— 
‘‘(I) a drug or biological product, the amount 
of payment for such drug or biological determined 
under section 1847A that exceeds the portion of 
the otherwise applicable Medicare OPD fee 
schedule that the Secretary determines is associ-
ated with the drug or biological; or 
‘‘(II) a medical device, the amount of the hos-
pital’s charges for the device, adjusted to cost, 
that exceeds the portion of the otherwise applicable 
Medicare OPD fee schedule that the Secretary 
determines is associated with the device. 
‘‘(iii) 
LIMITATION.—The 
additional 
payment 
amount specified in clause (ii) shall not exceed the 
estimated average of 18 percent of the OPD fee 
schedule amount for the OPD service (or group of 
services) with which the non-opioid treatment for pain 
relief is furnished, as determined by the Secretary. 
‘‘(iv) DEFINITION OF NON-OPIOID TREATMENT FOR 
PAIN
RELIEF.—In this subparagraph, the term ‘non- 
opioid treatment for pain relief’ means a drug, 
biological product, or medical device that— 
‘‘(I) in the case of a drug or biological product, 
has a label indication approved by the Food and 
Drug Administration to reduce postoperative pain, 
or produce postsurgical or regional analgesia, with-
out acting upon the body’s opioid receptors; 
‘‘(II) in case of a medical device, is used to 
deliver a therapy to reduce postoperative pain, 
or produce postsurgical or regional analgesia, and 
has— 
‘‘(aa) an application under section 515 of 
the Federal Food, Drug, and Cosmetic Act that 
has been approved with respect to the device, 
been cleared for market under section 510(k) 
of such Act, or is exempt from the require-
ments of section 510(k) of such Act pursuant 
to subsection (l) or (m) or section 510 of such 
Act or section 520(g) of such Act; and 
‘‘(bb) demonstrated the ability to replace, 
reduce, or avoid intraoperative or post-
operative opioid use or the quantity of opioids 
prescribed in a clinical trial or through data 
published in a peer-reviewed journal; 
‘‘(III) does not receive transitional pass- 
through payment under paragraph (6); and 
‘‘(IV) has payment that is packaged into a 
payment for a covered OPD service (or group of 
services).’’. 
(b) AMBULATORY SURGICAL CENTER PAYMENT SYSTEM.—Section 
1833(i) of the Social Security Act (42 U.S.C. 1395l(i)) is amended 
by adding at the end the following new paragraph:
H. R. 2617—1465 
‘‘(10) TEMPORARY ADDITIONAL PAYMENTS FOR NON-OPIOID 
TREATMENTS FOR PAIN RELIEF.— 
‘‘(A) IN GENERAL.—In the case of surgical services fur-
nished on or after January 1, 2025, and before January 
1, 2028, the payment system described in paragraph 
(2)(D)(i) shall provide, in a budget-neutral manner, for 
an additional payment for a non-opioid treatment for pain 
relief (as defined in clause (iv) of subsection (t)(16)(G)) 
furnished as part of such services in the amount specified 
in clause (ii) of such subsection, subject to the limitation 
under clause (iii) of such subsection. 
‘‘(B) TRANSITION.—A drug or biological that meets the 
requirements of section 416.174 of title 42, Code of Federal 
Regulations (or any successor regulation) and is a non- 
opioid treatment for pain relief (as defined in clause (iv) 
of subsection (t)(16)(G)) shall receive additional payment 
in the amount specified in clause (ii) of such subsection, 
subject to the limitation under clause (iii) of such sub-
section.’’. 
(c) EVALUATION OF COVERAGE AND PAYMENT FOR NON-OPIOID 
THERAPIES AND THERAPEUTIC SERVICES FOR PAIN MANAGEMENT.— 
(1) REPORT TO CONGRESS.—Not later than January 1, 2028, 
the Secretary of Health and Human Services (in this subsection 
referred to as the ‘‘Secretary’’) shall submit to Congress a 
report— 
(A) identifying limitations, gaps, barriers to access, 
or deficits in Medicare coverage or reimbursement for 
restorative therapies, behavioral approaches, and com-
plementary and integrative health services that are identi-
fied in the Pain Management Best Practices Inter-Agency 
Task Force Report and that have demonstrated the ability 
to replace or reduce opioid consumption; 
(B) recommending actions to address the limitations, 
gaps, barriers to access, or deficits identified under 
subparagraph (A) to improve Medicare coverage and 
reimbursement for such therapies, approaches, and serv-
ices; and 
(C) comparing, for the 12-month period following the 
first 6 months in which additional payment for non-opioid 
treatments for pain relief (as defined in clause (iv) of section 
1833(t)(16)(G) of the Social Security Act, as added by sub-
section (a)) is made under such section 1833(t)(16)(G)— 
(i) with respect to Medicare beneficiaries who 
received a non-opioid treatment for pain relief (as so 
defined) as part of a covered OPD service, the quantity 
of opioids administered, dispensed, and prescribed for 
the same covered OPD service, including postoperative 
management; and 
(ii) with respect to Medicare beneficiaries who did 
not receive a non-opioid treatment for pain relief (as 
so defined) as part of the same covered OPD service 
in clause (i)), the quantity of opioids administered, 
dispensed, and prescribed for the same covered OPD 
service, including postoperative management. 
(2) REPORTING STANDARD AND PUBLIC CONSULTATION.—In 
developing the report described in paragraph (1), the Secretary 
shall compare results from nationally represented samples of