Opioid Settlement Accountability Act

I 116TH CONGRESS 1ST SESSION H. R. 5242 To amend title XIX of the Social Security Act to prohibit the Secretary of Health and Human Services from treating any Medicaid-related funds recovered from one or more pharmaceutical companies or drug distribu- tors with respect to opioid litigation as an overpayment under such title, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 21, 2019 Mr. MCKINLEY (for himself and Ms. KAPTUR) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to prohibit the Secretary of Health and Human Services from treat- ing any Medicaid-related funds recovered from one or more pharmaceutical companies or drug distributors with respect to opioid litigation as an overpayment under such title, and for other purposes. 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 Settlement Ac- 4 countability Act’’. 5 VerDate Sep 11 2014 03:11 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5242.IH H5242 aiking on DSK30JT082PROD with BILLS 2 •HR 5242 IH SEC. 2. PROHIBITION ON TREATING ANY MEDICAID-RE- 1 LATED FUNDS RECOVERED FROM ONE OR 2 MORE PHARMACEUTICAL COMPANIES OR 3 DRUG DISTRIBUTORS WITH RESPECT TO 4 OPIOID LITIGATION AS AN OVERPAYMENT. 5 (a) IN GENERAL.—Section 1903(d)(3) of the Social 6 Security Act (42 U.S.C. 1396(d)(3)) is amended by add- 7 ing at the end the following new subparagraph: 8 ‘‘(C)(i) Subparagraph (A) and paragraph (2)(B) may 9 not apply to any amount recovered or paid to a State on 10 or after December 31, 2023, as a part of a comprehensive 11 settlement of opioid litigation between pharmaceutical 12 manufacturers (as defined in the second sentence of sec- 13 tion 102(15) of the Controlled Substances Act) or drug 14 distributors (as defined in the second sentence of section 15 102(12) of such Act) and State attorneys general, or as 16 a part of any individual State settlement or judgement 17 reached in such litigation initiated or pursued by a State 18 against one or more such companies or distributors. 19 ‘‘(ii) A State shall use amounts recovered or paid to 20 the State as a part of comprehensive or individual settle- 21 ment, or a judgement, described in clause (i) for— 22 ‘‘(I) supporting access to treatment (including 23 medication assisted treatment) and health care serv- 24 ices (including services provided by Federally cer- 25 tified opioid treatment programs or other appro- 26 VerDate Sep 11 2014 03:11 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5242.IH H5242 aiking on DSK30JT082PROD with BILLS 3 •HR 5242 IH priate health care providers to treat individuals with 1 opioid use disorder and subsequent support and 2 wrap around services that encourage employment 3 and reintegration to society); 4 ‘‘(II) education related to opioid use disorder; 5 ‘‘(III) implementing prevention activities, in- 6 cluding the reduction of the furnishing of opioids by 7 health care practitioners and introduction of non- 8 opioid pain management approaches; 9 ‘‘(IV) training for health care practitioners with 10 respect to best practices for prescribing opioids, pain 11 management, educating patients of the risk of opioid 12 use to treat chronic and acute conditions, recog- 13 nizing potential cases of substance abuse, referral of 14 patients to treatment programs, and overdose pre- 15 vention; 16 ‘‘(V) supporting State and Federal law enforce- 17 ment actions and first responder capital equipment 18 relating to the illegal distribution of opioids and 19 opioid analogues; and 20 ‘‘(VI) any other public health-related activities 21 and social support services (including housing, em- 22 ployment, child-well being, criminal justice, and 23 emergency management) relating to addressing the 24 VerDate Sep 11 2014 03:11 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5242.IH H5242 aiking on DSK30JT082PROD with BILLS 4 •HR 5242 IH opioid abuse crisis within such State, as such State 1 determines appropriate; and 2 evaluating at least one of the activities described in this 3 clause to identify effective strategies to prevent opioid 4 abuse and substance abuse disorders.’’. 5 (b) RETROACTIVE EFFECTIVE DATE.—The amend- 6 ment made by this section shall take effect as if enacted 7 on January 1, 2019. 8 Æ VerDate Sep 11 2014 03:11 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H5242.IH H5242 aiking on DSK30JT082PROD with BILLS