S. 3489 – EDU Act of 2018

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Updated April 15, 2026 at 11:46 PM UTC

The Education for Disposal of Unused Opioids (EDU) Act amends title XVIII of the Social Security Act to require Medicare Advantage (MA) and Medicare prescription drug plans to give enrollees information on how to safely dispose of prescription drugs that are controlled substances. The requirement applies to in‑home health risk assessments and plan communications for assessments or plan years beginning on or after January 1, 2021. The rule is intended to help seniors and other Medicare beneficiaries properly dispose of opioids and other controlled medications.

Key Provisions

Adds a new subsection to the Medicare Advantage statute requiring plans to include safe‑disposal information—such as drug take‑back programs and in‑home disposal options—in any in‑home health risk assessment after Jan 1 2021, following criteria the Secretary will set.
Directs the Secretary of Health and Human Services to issue rules establishing the criteria for the disposal information to ensure it adequately educates beneficiaries.
Amends the prescription drug plan requirements to mandate that, for plan years beginning on or after Jan 1 2021, plans must provide enrollees with safe‑disposal information and cost‑effective methods for disposing of controlled‑substance prescriptions.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

Finance Committee

September 25, 2018

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SenateIntro Referral

Introduced in Senate

September 25, 2018

SenateIntro Referral

Read twice and referred to the Committee on Finance.

Finance Committee

September 25, 2018

Bill Text

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Introduced in SenateIssued September 25, 2018

II

115th CONGRESS

2d Session

S. 3489

IN THE SENATE OF THE UNITED STATES

September 25, 2018

Mrs. Ernst introduced the following bill; which was read twice and referred to the Committee on Finance

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.

.