I 115th CONGRESS 2d Session H. R. 5809 IN THE HOUSE OF REPRESENTATIVES May 15, 2018 Mr. Peters (for himself and Mr. Bucshon ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , 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 encourage the use of non-opioid analgesics for the management of post-surgical pain under the Medicare program, and for other purposes.

1. Short title This Act may be cited as the Postoperative Opioid Prevention Act of 2018 . 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. .