H.R. 5723House115th Congress (2017-2019)Passed House

Expanding Oversight of Opioid Prescribing and Payment Act of 2018

Introduced May 9, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:51 PM UTC

The Expanding Oversight of Opioid Prescribing and Payment Act of 2018 directs the Medicare Payment Advisory Commission to study and report on how Medicare pays for pain‑management drugs, what financial incentives exist for prescribing opioids versus non‑opioid treatments, and how opioid use is monitored through claims data. The goal is to identify and address any payment structures that may encourage over‑prescribing of opioids. The bill applies to Medicare’s inpatient and outpatient hospital payment systems and requires the report by March 2019, without allocating new funding.

Key Provisions

  • The Medicare Payment Advisory Commission must submit a report to Congress by March 15, 2019.
  • The report must explain how Medicare pays for both opioid and non‑opioid pain‑management treatments in inpatient and outpatient hospital settings.
  • It must identify any financial incentives in the Medicare inpatient and outpatient prospective payment systems that encourage prescribing opioids (or discourage non‑opioid alternatives) and suggest ways to fix any harmful incentives.
  • The report must describe how opioid use is tracked through Medicare claims and other data sources, and point out any gaps where more data or better methods are needed.
  • The bill does not provide any new money; the work must be done using existing appropriations.

Legislative Activity

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14 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Finance.

June 20, 2018

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HouseIntro Referral

Introduced in House

May 9, 2018

HouseIntro Referral

Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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

Committee Consideration and Mark-up Session Held.

May 16, 2018

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

May 16, 2018

HouseCommittee

Referred to the Subcommittee on Health.

May 22, 2018

HouseCommittee

Reported (Amended) by the Committee on Ways and Means. H. Rept. 115-760, Part I.

June 19, 2018

HouseCommittee

Committee on Energy and Commerce discharged.

June 19, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 592.

June 19, 2018

HouseFloor

Mr. Roskam moved to suspend the rules and pass the bill, as amended.

June 19, 2018 • 4:37 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5264-5265)

June 19, 2018 • 4:37 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5723.

June 19, 2018 • 4:37 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5264)

June 19, 2018 • 4:48 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5264)

June 19, 2018 • 4:48 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 19, 2018 • 4:48 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Finance.

June 20, 2018

Floor Debate

8 members

What members said about H.R. 5723 on the floor

7 Republicans1 Democrat
Judy Chu
Rep. Judy ChuD-CA-27 · Jun 19, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, according to the Centers for Disease Control and Prevention, more than 42,000 Americans died from opioid-related drug overdoses in…

Peter J. Roskam
Rep. Peter J. RoskamR-IL-6 · Jun 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5676) to amend title XVIII of the Social Security Act to authorize the suspension of payments by Medicare prescription drug plans and…

Jackie Walorski
Rep. Jackie WalorskiR-IN-2 · Jun 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6110) to amend title XVIII of the Social Security Act to provide for the review and adjustment of payments under the Medicare…

Peter J. Roskam
Rep. Peter J. RoskamR-IL-6 · Jun 19, 2018

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 5773) to amend title XVIII of the Social Security Act to require Medicare prescription drug plans to establish drug management…

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…

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Peter J. Roskam
Rep. Peter J. RoskamR-IL-6 · Jun 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5723) to require the Medicare Payment Advisory Commission to report on opioid payment, adverse incentives, and data under the Medicare…

Jackie Walorski
Rep. Jackie WalorskiR-IN-2 · Jun 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5774) to require the Secretary of Health and Human Services to develop guidance on pain management and opioid use disorder prevention…

Thomas MacArthur
Rep. Thomas MacArthurR-NJ-3 · Jun 19, 2018

Mr. Speaker, I thank my friend for yielding. As co-chair of the Bipartisan Heroin Task Force, I have spent a lot of my time working on this opioid crisis. Congress must do everything we can to ensure…

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

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I am pleased to support H.R. 5773, the PASS Act, introduced by Congress Members Sewell and Roskam. This bill focuses on…

Claudia Tenney
Rep. Claudia TenneyR-NY-22 · Jun 19, 2018

Mr. Speaker, I want to thank the gentleman for yielding so much time to me in favor of this legislation that I coauthored with my colleague, Ms. DelBene, on this bipartisan piece, H.R. 5723, the…

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

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am pleased to support H.R. 5723, the Expanding Oversight of Opioid Prescribing and Payment Act. As I mentioned earlier, 80…

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

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am pleased to support H.R. 5676, the SENIOR Communities Protection Act. The Affordable Care Act granted the Department of Health…

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,…

Show 3 more
Judy Chu
Rep. Judy ChuD-CA-27 · Jun 19, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I offer my support for H.R. 5774, the COACH Act, which was introduced by Congress Members DelBene and Curbelo. This bill focuses…

Mike Kelly
Rep. Mike KellyR-PA-3 · Jun 19, 2018

Madam Speaker, I thank Mr. Roskam so much for his time. Madam Speaker, this opioid epidemic is killing 116 people of all ages every day, and it is horribly impacting western Pennsylvania's families…

James B. Renacci
Rep. James B. RenacciR-OH-16 · Jun 19, 2018

Mr. Speaker, I rise today in support of H.R. 5773, which includes a bill I introduced called the Strengthening Partnerships to Prevent Opioid Abuse Act. My home state of Ohio has been at the center…

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued June 20, 2018

IIB

115th CONGRESS

2d Session

H. R. 5723

IN THE SENATE OF THE UNITED STATES

June 20, 2018

Received; read twice and referred to the Committee on Finance

AN ACT

To require the Medicare Payment Advisory Commission to report on opioid payment, adverse incentives, and data under the Medicare program.

1.

Short title

This Act may be cited as the Expanding Oversight of Opioid Prescribing and Payment Act of 2018.

2.

Medicare Payment Advisory Commission report on opioid payment, adverse incentives, and data under the Medicare program

Not later than March 15, 2019, the Medicare Payment Advisory Commission shall submit to Congress a report on, with respect to the Medicare program under title XVIII of the Social Security Act, the following:

(1)

A description of how the Medicare program pays for pain management treatments (both opioid and non-opioid pain management alternatives) in both inpatient and outpatient hospital settings.

(2)

The identification of incentives under the hospital inpatient prospective payment system under section 1886 of the Social Security Act (42 U.S.C. 1395ww) and incentives under the hospital outpatient prospective payment system under section 1833(t) of such Act (42 U.S.C. 1395l(t)) for prescribing opioids and incentives under each such system for prescribing non-opioid treatments, and recommendations as the Commission deems appropriate for addressing any of such incentives that are adverse incentives.

(3)

A description of how opioid use is tracked and monitored through Medicare claims data and other mechanisms and the identification of any areas in which further data and methods are needed for improving data and understanding of opioid use.

3.

No additional funds authorized

No additional funds are authorized to be appropriated to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated.

Passed the House of Representatives June 19, 2018.

Karen L. Haas,

Clerk