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Postoperative Opioid Prevention Act of 2018

H.R. 5809 · 115th Congress · May 15, 2018 · Lineage

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.

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 departments 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 defined in subparagraph (J)), during a period of 5 years,” after “3 years,”; and
(2)
by adding at the end the following new subparagraph:

“(J) Eligible non-opioid analgesic defined—In this paragraph, the term “eligible non-opioid analgesic” means a drug or biological—

“(i) that is an analgesic that is not an opioid;

“(ii) that demonstrated substantial clinical improvement; and

“(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.”