Opioid Treatment Surge Act

I 116TH CONGRESS 1ST SESSION H. R. 3105 To establish an annual fee applicable to opioid manufacturers. IN THE HOUSE OF REPRESENTATIVES JUNE 5, 2019 Ms. BONAMICI introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish an annual fee applicable to opioid manufacturers. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Opioid Treatment 4 Surge Act’’. 5 SEC. 2. ANNUAL FEE. 6 (a) IN GENERAL.—For each of the 10 calendar years 7 immediately proceeding the date of enactment of this Act, 8 the Secretary of Health and Human Services shall assess 9 a fee against each prescription drug manufacturer that, 10 at any time during the period beginning on January 1, 11 VerDate Sep 11 2014 16:50 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3105 IH 1999, and ending on the calendar year immediately pre- 1 ceding the year in which the fee is assessed, manufactured 2 any opioid drug (other than a drug described in subsection 3 (b)). Such fee, with respect to such a manufacturer, shall 4 be in an amount, as determined by such Secretary, that 5 bears the same relationship to $2,000,000,000 as the mar- 6 ket share of any such opioid drugs manufactured by such 7 manufacturer during the period for which the fee is being 8 assessed bears to the total market for opioid drugs (ex- 9 cluding such drugs described in subsection (b)) during 10 such period. 11 (b) EXCEPTIONS.—The fee described in subsection 12 (a) shall not apply with respect to any opioid drug used 13 exclusively for the treatment of— 14 (1) opioid addiction, as part of a medically as- 15 sisted treatment effort; or 16 (2) cancer or hospice patients. 17 (c) TRANSFERS TO BLOCK GRANT PROGRAMS.—For 18 each year that the Secretary of Health and Human Serv- 19 ices assesses fees under subsection (a), the Secretary of 20 the Treasury shall transfer from the general fund of the 21 Treasury to the Secretary of Health and Human Services 22 an amount equal to the amount of such fees, for purposes 23 of carrying out the substance abuse prevention and treat- 24 ment block grant under subpart II of part B of title XIX 25 VerDate Sep 11 2014 16:50 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3105 IH of the Public Health Service Act (42 U.S.C. 300x–21 et 1 seq.). 2 Æ VerDate Sep 11 2014 16:50 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3105.IH H3105 pamtmann on DSKBFK8HB2PROD with BILLS