Title: DEA Notification Act of 2018
Policy area: Health

Summary:
DEA Notification Act of 2018
This bill requires the Centers for Medicare & Medicaid Services to notify the Drug Enforcement Administration (DEA) of providers or suppliers that are prohibited from participating in Medicare due to improper prescriptions of controlled substances, and to recommend that the DEA consider revoking certain controlled substance registrations or waivers held by such providers or suppliers.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7369 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 7369

    To amend title XVIII of the Social Security Act to require the 
Secretary of Health and Human Services to provide the Attorney General 
 certain notifications in certain determinations made by the Secretary 
    of improper prescribing of controlled substances, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 20, 2018

Mr. Bilirakis (for himself and Mr. Ruiz) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
addition to the Committees on Ways and Means, and the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend title XVIII of the Social Security Act to require the 
Secretary of Health and Human Services to provide the Attorney General 
 certain notifications in certain determinations made by the Secretary 
    of improper prescribing of controlled substances, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DEA Notification Act of 2018''.

SEC. 2. ESTABLISH RECIPROCITY WITH DRUG ENFORCEMENT ADMINISTRATION TO 
              ADDRESS IMPROPER PRESCRIBING OF CONTROLLED SUBSTANCES.

    (a) Notification of Attorney General in Cases of Improper 
Prescribing of Controlled Substances.--Section 1866(j) of the Social 
Security Act (42 U.S.C. 1395cc(j)) is amended by adding at the end the 
following new paragraph:
            ``(10) Notification of attorney general.--
                    ``(A) In general.--If the Secretary makes a 
                determination described in subparagraph (B) with 
                respect to improper prescribing of a controlled 
                substance (as defined in section 102(6) of the 
                Controlled Substances Act), the Secretary shall notify 
                the Attorney General in accordance with subparagraph 
                (C).
                    ``(B) Determination by secretary.--A determination 
                described in this subparagraph is a determination by 
                the Secretary under which--
                            ``(i) the enrollment of a provider of 
                        services or supplier under this title is 
                        revoked, based in whole or in part on a finding 
                        by the Secretary under section 424.535(a)(14) 
                        of title 42, Code of Federal Regulations (or 
                        any successor regulation), as applied to 
                        improper prescribing of controlled substances; 
                        or
                            ``(ii) a provider of services or supplier 
                        is placed on the preclusion list as defined 
                        under sections 422.2 and 423.100 of such title 
                        42 (or any successor regulation), based in 
                        whole or in part on a finding by the Secretary 
                        that such provider or supplier has engaged in 
                        conduct, in connection with prescribing of 
                        controlled substances, that would be considered 
                        improper prescribing under such section 
                        424.535(a)(14), if the provider of services or 
                        supplier were enrolled under this title.
                    ``(C) Notification.--If the Secretary revokes an 
                enrollment or makes a preclusion list placement as 
                described in subparagraph (B), the Secretary shall 
                notify the Attorney General of such revocation or 
                placement, no later than 30 days after--
                            ``(i) the affirmation of such Secretarial 
                        action, in response to a request for 
                        reconsideration by the provider of services or 
                        supplier involved under section 424.545(a) or 
                        part 498 of such title 42, as applicable (or 
                        any successor regulations); or
                            ``(ii) absent such a request for 
                        reconsideration, expiration of the time period 
                        during which such a request may be filed.
                    ``(D) Recommendation to attorney general.--
                Following a notification under subparagraph (C) with 
                respect to a provider of services or supplier, the 
                Secretary shall recommend that the Attorney General 
                consider revoking any registration (or waiver thereof) 
                under section 303 of the Controlled Substances Act 
                under which such provider or supplier is authorized to 
                dispense controlled substances, to the extent such 
                revocation is authorized under such Act.
                    ``(E) Subsequent notification.--In the case that a 
                revocation of enrollment or a preclusion list placement 
                as described in subparagraph (B) is reversed under 
                proceedings subsequent to the appropriate notification 
                under subparagraph (C), the Secretary shall inform the 
                Attorney General of such reversal (and as applicable, 
                reinstatement of such enrollment or removal from the 
                preclusion list).''.
    (b) Sense of the Congress.--It is the sense of the Congress that 
the Secretary of Health and Human Services should collaborate with the 
Attorney General in assessing the extent to which improper prescribing 
of controlled substances may be effectively addressed through an 
amendment to the Controlled Substances Act or regulations thereunder, 
as applicable, under which registration (or waiver thereof) under 
section 303 of such Act may be revoked for providers or suppliers who 
are the subject of a notification by the Secretary to the Attorney 
General under section 1866(j)(10) of the Social Security Act, as added 
by subsection (a).
    (c) Technical Correction to Citation for Appeals Provision.--
Section 1866(j)(5)(B) of the Social Security Act (42 U.S.C. 
1395cc(j)(5)(B)) is amended by striking ``paragraph (7)'' and inserting 
``paragraph (9)''.
                                 <all>