H.R. 5775House115th Congress (2017-2019)Passed House

PROPER Act of 2018

Introduced May 11, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:52 PM UTC

The PROPER Act of 2018 updates Medicare law to improve how beneficiaries are educated about opioid use. It requires Medicare Advantage and Part D plans to inform members about opioid risks, coverage for non‑opioid pain treatments, and safe drug‑disposal methods. The bill also changes hospital patient‑experience surveys so pain‑related questions must include information on opioid risks and alternatives, and it removes those measures from certain reporting programs.

Key Provisions

  • Starting in plan year 2021, Medicare Advantage and Part D prescription drug plans must give enrollees information about the risks of long‑term opioid use and about coverage for non‑opioid pain treatments, including therapies, devices, and medications.
  • Plans may choose to send this information to all enrollees or only to those who have been prescribed an opioid in the past two years.
  • Plans must also provide education on safe disposal of controlled‑substance prescription drugs, including details on drug‑take‑back programs and in‑home disposal methods, with the specific content to be defined by the Secretary through rulemaking.
  • The Hospital Consumer Assessment of Healthcare Providers and Systems (HCAHPS) survey may not ask about pain communication unless it also addresses whether patients were informed about opioid risks and non‑opioid alternatives, and related pain‑communication measures will be removed from public reporting and value‑based purchasing calculations.

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 11, 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 11, 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.

June 4, 2018

HouseCommittee

Reported (Amended) by the Committee on Ways and Means. H. Rept. 115-763, Part I.

June 19, 2018

HouseCommittee

Committee on Energy and Commerce discharged.

June 19, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 594.

June 19, 2018

HouseFloor

Mr. Curbelo (FL) moved to suspend the rules and pass the bill, as amended.

June 19, 2018 • 4:01 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5256-5258)

June 19, 2018 • 4:01 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5775.

June 19, 2018 • 4:01 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 H5256-5257)

June 19, 2018 • 4:10 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5256-5257)

June 19, 2018 • 4:10 PM

HouseFloor

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

June 19, 2018 • 4:10 PM

SenateIntro Referral

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

June 20, 2018

Floor Debate

9 members

What members said about H.R. 5775 on the floor

8 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 4 more
Erik Paulsen
Rep. Erik PaulsenR-MN-3 · Jun 20, 2018

Madam Speaker, the opioid crisis is an epidemic that is impacting every community across the country. It is a crisis that is getting worse and worse. The chances are that everyone knows someone who…

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

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Latest
Referred in SenateIssued June 20, 2018

IIB

115th CONGRESS

2d Session

H. R. 5775

IN THE SENATE OF THE UNITED STATES

June 20, 2018

Received; read twice and referred to the Committee on Finance

AN ACT

To amend title XVIII of the Social Security Act to require Medicare Advantage plans and part D prescription drug plans to include information on the risks associated with opioids, coverage of certain nonopioid treatments used to treat pain, and on the safe disposal of prescription drugs, and for other purposes.

1.

Short title

This Act may be cited as the Providing Reliable Options for Patients and Educational Resources Act of 2018 or the PROPER Act of 2018.

2.

Requiring Medicare Advantage plans and part D prescription drug plans to include information on risks associated with opioids and coverage of nonpharmacological therapies and nonopioid medications or devices used to treat pain

Section 1860D–4(a)(1) of the Social Security Act (42 U.S.C. 1395w–104(a)(1)) is amended—

(1)

in subparagraph (A), by inserting , subject to subparagraph (C), before including;

(2)

in subparagraph (B), by adding at the end the following new clause:

(vi)

For plan year 2021 and each subsequent plan year, subject to subparagraph (C), with respect to the treatment of pain—

(I)

the risks associated with prolonged opioid use; and

(II)

coverage of nonpharmacological therapies, devices, and nonopioid medications—

(aa)

in the case of an MA-PD plan under part C, under such plan; and

(bb)

in the case of a prescription drug plan, under such plan and under parts A and B.

; and

(3)

by adding at the end the following new subparagraph:

(C)

Targeted provision of information

A PDP sponsor of a prescription drug plan may, in lieu of disclosing the information described in subparagraph (B)(vi) to each enrollee under the plan, disclose such information through mail or electronic communications to a subset of enrollees under the plan, such as enrollees who have been prescribed an opioid in the previous 2-year period.

.

3.

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.

.

4.

Revising measures used under the Hospital Consumer Assessment of Healthcare Providers and Systems survey relating to pain management

(a)

Restriction on the use of pain questions in HCAHPS

Section 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)) is amended by adding at the end the following new subclause:

(XII)
(aa)

With respect to a Hospital Consumer Assessment of Healthcare Providers and Systems survey (or a successor survey) conducted on or after January 1, 2019, such survey may not include questions about communication by hospital staff with an individual about such individual’s pain unless such questions take into account, as applicable, whether an individual experiencing pain was informed about risks associated with the use of opioids and about non-opioid alternatives for the treatment of pain.

(bb)

The Secretary shall not include on the Hospital Compare Internet website any measures based on the questions appearing on the Hospital Consumer Assessment of Healthcare Providers and Systems survey in 2018 about communication by hospital staff with an individual about such individual’s pain.

.

(b)

Restriction on use of 2018 pain questions in the hospital value-based purchasing program

Section 1886(o)(2)(B) of the Social Security Act (42 U.S.C. 1395ww(o)(2)(B)) is amended by adding at the end the following new clause:

(iii)

HCAHPS pain questions

The Secretary may not include under subparagraph (A) a measure that is based on the questions appearing on the Hospital Consumer Assessment of Healthcare Providers and Systems survey in 2018 about


communication by hospital staff with an individual about the individual’s pain.

.

Passed the House of Representatives June 19, 2018.

Karen L. Haas,

Clerk