H.R. 5804House115th Congress (2017-2019)In Committee

Post-Surgical Injections as an Opioid Alternative Act

Introduced May 15, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:51 PM UTC

The Post‑Surgical Injections as an Opioid Alternative Act would change how Medicare pays for certain outpatient surgeries. It freezes the payment rate for specific procedures done in ambulatory surgical centers at the 2016 level for procedures performed from 2020 through 2024. The bill also orders the government to collect data and study whether these procedures help reduce opioid use.

Key Provisions

  • Sets a payment freeze: for listed “targeted” procedures performed in ambulatory surgical centers between 2020 and 2024, Medicare payment is locked at the 2016 amount, not adjusted by the usual payment updates.
  • Defines “targeted procedures” by specific HCPCS codes (e.g., 62310/62321, 62311/62323, 62264, 64490, 64493, G0260, or successors).
  • Requires the Comptroller General to gather data on cost differences between these procedures done in hospital operating rooms versus office settings, and to report findings and any needed classification changes within four years.
  • Mandates the HHS Secretary to conduct a study, due within three years, on whether the targeted procedures reduce the need for opioid prescriptions after surgery.

Legislative Activity

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7 earlier actions
HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 585.

June 13, 2018

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HouseIntro Referral

Introduced in House

May 15, 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 15, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 17, 2018

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 36 - 14.

May 17, 2018

HouseCommittee

Referred to the Subcommittee on Health.

June 4, 2018

HouseCommittee

Reported by the Committee on Energy and Commerce. H. Rept. 115-752, Part I.

June 13, 2018

HouseCommittee

Committee on Ways and Means discharged.

June 13, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 585.

June 13, 2018

Floor Debate

17 members

What members said about H.R. 5804 on the floor

7 Republicans10 Democrats
Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jun 22, 2018

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in support of H.R. 6, the SUPPORT for Patients and Communities Act. This bill makes incremental changes to support those…

Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 22, 2018

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous materials on H.R. 6. Mr. Chairman, I yield myself such time…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Jun 22, 2018

Mr. Chairman, I thank Mr. Neal for yielding. Mr. Chairman, I support H.R. 6 as a step to the puzzle to address substance abuse. However, I think we need to expand this bill in an important way as it…

Richard E. Neal
Rep. Richard E. NealD-MA-1 · Jun 22, 2018

Mr. Chairman, I yield myself 4 minutes. Mr. Chairman, I rise in support of H.R. 6. It has become all too clear that the ongoing opioid epidemic has gripped our Nation's families and communities. It…

Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Jun 22, 2018

Mr. Chairman, I thank the gentleman for yielding, and I want to congratulate the gentleman for his work, his tireless effort, and his passion for those who have been afflicted with the addiction and…

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Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 12, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5685) to amend title XVIII of the Social Security Act to provide educational resources regarding opioid use and pain management as…

Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 12, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3331) to amend title XI of the Social Security Act to promote testing of incentive payments for behavioral health providers for…

Paul D. Ryan
Rep. Paul D. RyanR-WI-1 · Jun 22, 2018

Mr. Chair, I thank the gentleman for yielding. Mr. Chair, I first want to start by thanking the chair and the ranking member. But for a moment, I would like to address another issue. I want to pause…

Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5796) to require the Secretary of Health and Human Services to provide grants for eligible entities to provide technical assistance to…

Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Jun 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5590) to require the Secretary of Health and Human Services to provide for an action plan on recommendations for changes under…

Raul Ruiz
Rep. Raul RuizD-CA-36 · Jun 19, 2018

Mr. Speaker, I rise to support H.R. 5605, the Advancing High Quality Treatment for Opioid Use Disorders in Medicare Act. I introduced the bill to give older Americans across our Nation more access to…

Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5605) to amend title XVIII of the Social Security Act to provide for an opioid use disorder treatment demonstration program, as…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 19, 2018

Mr. Speaker, I support H.R. 5605, the ``Advancing High Quality Treatment for Opioid Use Disorders in Medicare Act.'' This important bill provides applicable beneficiaries increased access to opioid…

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Kevin Brady
Rep. Kevin BradyR-TX-8 · Jun 22, 2018

Mr. Chair, I yield myself such time as I may consume. Mr. Chair, the opioid crisis has impacted every community in America and robbed countless individuals of their potential. A recent poll found…

Paul Tonko
Rep. Paul TonkoD-NY-20 · Jun 22, 2018

Mr. Chairman, I thank the gentleman from New Jersey for yielding. Mr. Chairman, I rise in support of H.R. 6, the SUPPORT for Patients and Communities Act. The SUPPORT for Patients and Communities Act…

Yvette D. Clarke
Rep. Yvette D. ClarkeD-NY-9 · Jun 19, 2018

Mr. Speaker, let me take this time to express my appreciation to Chairman Walden and Ranking Member Pallone, for their leadership in addressing the opioid epidemic in the U.S. House of…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jun 12, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 3331, sponsored by Representative Lynn Jenkins and Representative Doris Matsui, and I commend my…

Joseph P. Kennedy III
Rep. Joseph P. Kennedy IIID-MA-4 · Jun 19, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 5590 sponsored by Representatives Kinzinger and Clarke. I commend my colleagues for their hard work on…

Brian K. Fitzpatrick
Rep. Brian K. FitzpatrickR-PA-8 · Jun 19, 2018

Mr. Speaker, the opioid epidemic is devastating my community in Bucks and Montgomery Counties. I talk to these families every day. As our Nation continues to grapple with the deadly effects of the…

Anna G. Eshoo
Rep. Anna G. EshooD-CA-18 · Jun 22, 2018

Mr. Chairman, I rise in support of H.R. 6, and I thank our ranking member for yielding time to me. There isn't any question that our country is in the midst of a destructive opioid epidemic that…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jun 12, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 5685, sponsored by Representatives John Faso and Peter Welch. I commend my colleagues for their work on…

Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 12, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5582) to direct the Secretary of Health and Human Services to conduct a study and submit a report on barriers to accessing abuse-…

Mike Bishop
Rep. Mike BishopR-MI-8 · Jun 22, 2018

Mr. Chairman, I thank Chairman Brady for his steadfast leadership in finding a solution to this crisis. Mr. Chairman, I rise in strong support of H.R. 6, the SUPPORT for Patients and Communities Act.…

Tony Cárdenas
Rep. Tony CárdenasD-CA-29 · Jun 22, 2018

Mr. Chair, I thank the authors for all the hard work coming to this moment to get this very important bill on the floor. Mr. Chair, I rise today to say how glad I am that my bill, the At- Risk Youth…

Bill Text

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Reported in HouseIssued June 13, 2018

IB

Union Calendar No. 585

115th CONGRESS

2d Session

H. R. 5804

[Report No. 115–752, Part I]

IN THE HOUSE OF REPRESENTATIVES

May 15, 2018

Mr. Shimkus (for himself, Mr. Krishnamoorthi, and Mr. Roskam) 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

June 13, 2018

Additional sponsor: Mr. Walden

June 13, 2018

Reported from the Committee on Energy and Commerce

June 13, 2018

Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed


A BILL

To amend title XVIII of the Social Security Act to provide for modifications in payment for certain outpatient surgical services.


1.

Short title

This Act may be cited as the Post-Surgical Injections as an Opioid Alternative Act.

2.

Modification of payment for certain outpatient surgical services

(a)

Freeze of payment for certain services furnished in ambulatory surgical centers

Section 1833(i)(2) of the Social Security Act (42 U.S.C. 1395l(i)(2)) is amended by adding at the end the following new subparagraph:

(F)
(i)

With respect to a targeted procedure (as defined in clause (ii)) furnished during 2020 or a subsequent year (before 2025) to an individual in an ambulatory surgical center, the payment amount for such procedure that would otherwise be determined under the revised payment system under subparagraph (D), without application of this subparagraph, shall be equal to the payment amount for such procedure furnished in 2016.

(ii)

For purposes of clause (i), the term targeted procedure means a procedure to which Healthcare Common Procedure Coding System 62310 (or, for years beginning after 2016, 62321), 62311 (or, for years beginning after 2016, 62323), 62264, 64490, 64493, or G0260 (or any successor code) applies.

(iii)

This subparagraph shall not be applied in a budget-neutral manner.

.

(b)

Data collection

(1)

In general

The Comptroller General shall collect data relating to the cost differential between targeted procedures (as defined in section 1833(i)(2)(F)(ii) of the Social Security Act, as added by subsection (a)) that are performed in a hospital operating room and such procedures that are performed in an office setting within a hospital in order to determine whether such procedures are being properly coded for claims, based on setting, for payment under section 1833(i)(2)(D) of the Social Security Act (42 U.S.C. 1395l(i)(2)(D)) and to determine if further changes are needed in the classification system for covered outpatient department services (as described in section 1833(t)(2)(A) of the Social Security Act (42 U.S.C. 1395l(t)(2)(A)).

(2)

Report

Not later than 4 years after the date of the enactment of this Act, the Comptroller General shall submit a report to the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate containing—

(A)

a determination of whether procedures described in paragraph (1) are being properly coded for claims, based on setting, for payment under section 1833(i)(2)(D) of the Social Security Act (42 U.S.C. 1395l(i)(2)(D)); and

(B)

recommendations on any changes the Comptroller General determines are needed in the classification system for covered outpatient department services (as described in section 1833(t)(2)(A) of the Social Security Act (42 U.S.C. 1395l(t)(2)(A)).

(c)

Study

Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct a study and submit to Congress a report on the extent to which procedures described in section 1833(i)(2)(F)(ii) of the Social Security Act, as added by subsection (a), are effective at preventing the need for opioids for individuals furnished such procedures.

June 13, 2018

Reported from the Committee on Energy and Commerce

June 13, 2018

Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed