H.R. 5714House115th Congress (2017-2019)In Committee

EDU Act of 2018

Introduced May 9, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:48 PM UTC

The Education for Disposal of Unused Opioids (EDU) Act amends the Social Security Act to require Medicare Advantage (Part C) and Medicare prescription drug (Part D) plans to give enrollees information on how to safely dispose of controlled‑substance prescriptions. The rule applies to individuals who receive an in‑home health risk assessment after January 1, 2021, and to all plan years beginning on or after that date. The information must include details on approved drug take‑back programs and in‑home disposal options, and the Secretary of Health and Human Services will set the specific criteria through rulemaking. This affects Medicare Advantage and prescription drug plan members and the plans that serve them.

Key Provisions

  • Medicare Advantage plans must include safe‑disposal information in any in‑home health risk assessment provided to enrollees after Jan 1 2021, covering take‑back programs and in‑home disposal methods.
  • The Secretary will issue rules defining the criteria for the disposal information to ensure it adequately educates patients.
  • Prescription drug plans (Part D) must, for plan years starting Jan 1 2021, provide enrollees with safe‑disposal information meeting the Secretary’s criteria and offer cost‑effective ways for patients to dispose of controlled‑substance drugs.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Health.

May 23, 2018

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HouseIntro Referral

Introduced in House

May 9, 2018

HouseIntro Referral

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.

May 9, 2018

HouseCommittee

Referred to the Subcommittee on Health.

May 23, 2018

Floor Debate

2 members

What members said about H.R. 5714 on the floor

1 Republican1 Democrat
Carlos Curbelo
Rep. Carlos CurbeloR-FL-26 · Jun 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5775) to amend title XVIII of the Social Security Act to require Medicare Advantage plans and part D prescription drug plans to…

Judy Chu
Rep. Judy ChuD-CA-27 · Jun 19, 2018

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I offer my support of H.R. 5775, the PROPER Act. This bill, introduced by my colleagues Representatives Paulsen and Kind,…

Bill Text

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Introduced in HouseIssued May 9, 2018

I

115th CONGRESS

2d Session

H. R. 5714

IN THE HOUSE OF REPRESENTATIVES

May 9, 2018

Mrs. Black (for herself, Mr. Crowley, Mr. Ruiz, and Mr. Hudson) 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 require Medicare Advantage plans offered under part C of the Medicare program and prescription drug plans offered under part D of such program to provide information relating to the safe disposal of prescription drugs that are controlled substances to certain individuals enrolled under such plans.

1.

Short title

This Act may be cited as the Education for Disposal of Unused Opioids Act of 2018 or the EDU Act of 2018.

2.

Requiring Medicare Advantage plans and prescription drug plans to provide information on the safe disposal of prescription drugs

(a)

Medicare Advantage

Section 1852 of the Social Security Act (42 U.S.C. 1395w–22) is amended by adding at the end the following new subsection:

(n)

Provision of information relating to the safe disposal of certain prescription drugs

(1)

In general

In the case of an individual enrolled under an MA or MA–PD plan who is furnished an in-home health risk assessment on or after January 1, 2021, such plan shall ensure that such assessment includes information on the safe disposal of prescription drugs that are controlled substances that meets the criteria established under paragraph (2). Such information shall include information on drug takeback programs that meet such requirements determined appropriate by the Secretary and information on in-home disposal.

(2)

Criteria

The Secretary shall, through rulemaking, establish criteria the Secretary determines appropriate with respect to information provided to an individual to ensure that such information sufficiently educates such individual on the safe disposal of prescription drugs that are controlled substances.

.

(b)

Prescription drug plans

Section 1860D–4(c)(2)(B) of the Social Security Act (42 U.S.C. 1395w–104(c)(2)(B)) is amended—

(1)

by striking may include elements that promote;

(2)

by redesignating clauses (i) through (iii) as subclauses (I) through (III) and adjusting the margins accordingly;

(3)

by inserting before subclause (I), as so redesignated, the following new clause:

(i)

may include elements that promote—

;

(4)

in subclause (III), as so redesignated, by striking the period at the end and inserting ; and; and

(5)

by adding at the end the following new clause:

(ii)

with respect to plan years beginning on or after January 1, 2021, shall provide for—

(I)

the provision of information to the enrollee on the safe disposal of prescription drugs that are controlled substances that meets the criteria established under section 1852(n)(2), including information on drug take­back programs that meet such requirements determined appropriate by the Secretary and information on in-home disposal; and

(II)

cost-effective means by which an enrollee may so safely dispose of such drugs.

.