#aadth ,,congress #b;d ,session ,h4 ,r4 #djfc ,,an ,,act ,to improve the use by the ,secretary of ,veterans ,affairs of opioids in treating veterans1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,promoting ,responsible ,opioid ,management and ,incorporating ,scientific ,expertise ,act or the ,jason ,simcakoski ,,promise ,act4 #b4 ,improvement of opioid safety measures by ,department of ,veterans ,affairs 7a7 ,expansion of opioid safety initiative 7#a7 ,inclusion of all medical facilities ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall expand the ,opioid ,safety ,initiative of the ,department of ,veterans ,affairs to include all medical facilities of the ,department4 7#b7 ,guidance ,the ,secretary shall establish guidance that each health care provider of the ,department of ,veterans ,affairs1 before initiating opioid therapy to treat a patient as part of the comprehensive assessment conducted by the health care provider1 use the ,opioid ,therapy ,risk ,report tool of the ,department of ,veterans ,affairs 7or any subsequent tool71 which shall include information from the prescription drug monitoring program of each participating ,state as applicable1 that includes the most recent information to date relating to the patient that accessed such program to assess the risk for adverse outcomes of opioid therapy for the patient1 including the concurrent use of controlled substances such as benzodiazepines1 as part of the comprehensive assessment conducted by the health care provider4 7#c7 ,enhanced standards ,the ,secretary shall establish enhanced standards with respect to the use of routine and random urine drug tests for all patients before and during opioid therapy to help prevent substance abuse1 dependence1 and diversion1 including-- 7,a7 that such tests occur not less frequently than once each year2 and 7,b7 that health care providers appropriately order1 interpret and respond to the results from such tests to tailor pain therapy1 safeguards1 and risk management strategies to each patient4 7b7 ,pain management education and training 7#a7 ,in general ,in carrying out the ,opioid ,safety ,initiative of the ,department1 the ,secretary shall require all employees of the ,department responsible for prescribing opioids to receive education and training described in paragraph 7#b74 7#b7 ,education and training ,education and training described in this paragraph is education and training on pain management and safe opioid prescribing practices for purposes of safely and effectively managing patients with chronic pain1 including education and training on the following3 7,a7 ,the implementation of and full compliance with the ,,va_/,,dod ,clinical ,practice ,guideline for ,management of ,opioid ,therapy for ,chronic ,pain1 including any update to such guideline4 7,b7 ,the use of evidence-based pain management therapies1 including cognitive-behavioral therapy1 non-opioid alternatives1 and non-drug methods and procedures to managing pain and related health conditions including medical devices approved or cleared by the ,food and ,drug ,administration for the treatment of patients with chronic pain and complementary alternative medicines4 7,c7 ,screening and identification of patients with substance use disorder1 including drug-seeking behavior1 before prescribing opioids1 assessment of risk potential for patients developing an addiction1 and referral of patients to appropriate addiction treatment professionals if addiction is identified or strongly suspected4 7,d7 ,communication with patients on the potential harm associated with the use of opioids and other controlled substances1 including the need to safely store and dispose of supplies relating to the use of opioids and other controlled substances4 7,e7 ,such other education and training as the ,secretary considers appropriate to ensure that veterans receive safe and high-quality pain management care from the ,department4 7#c7 ,use of existing program ,in providing education and training described in paragraph 7#b71 the ,secretary shall use the ,interdisciplinary ,chronic ,pain ,management ,training ,team ,program of the ,department 7or success program74 7c7 ,pain management teams 7#a7 ,in general ,in carrying out the ,opioid ,safety ,initiative of the ,department1 the director of each medical facility of the ,department shall identify and designate a pain management team of health care professionals1 which may include board certified pain medicine specialists1 responsible for coordinating and overseeing pain management therapy at such facility for patients experiencing acute and chronic pain that is non-cancer related4 7#b7 ,establishment of protocols 7,a7 ,in general ,in consultation with the ,directors of each ,veterans ,integrated ,service ,network1 the ,secretary shall establish standard protocols for the designation of pain management teams at each medical facility within the ,department4 7,b7 ,consultation on prescription of opioids ,each protocol established under subparagraph 7,a7 shall ensure that any health care provider without expertise in prescribing analgesics or who has not completed the education and training under subsection 7b71 including a mental health care provider1 does not prescribe opioids to a patient unless that health care provider-- 7i7 consults with a health care provider with pain management expertise or who is on the pain management team of the medical facility2 and 7ii7 refers the patient to the pain management team for any subsequent prescriptions and related therapy4 7#c7 ,report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the director of each medical facility of the ,department shall submit to the ,under ,secretary for ,health and the director of the ,veterans ,integrated ,service ,network in which the medical facility is located a report identifying the health care professionals that have been designated as members of the pain management team at the medical facility pursuant to paragraph 7#a74 7,b7 ,elements ,each report submitted under subparagraph 7,a7 with respect to a medical facility of the ,department shall include-- 7i7 a certification as to whether all members of the pain management team at the medical facility have completed the education and training required under subsection 7b72 7ii7 a plan for the management and referral of patients to such pain management team if health care providers without expertise in prescribing analgesics prescribe opioid medications to treat acute and chronic pain that is non-cancer related2 and 7iii7 a certification as to whether the medical facility-- 7,i7 fully complies with the stepped-care model of pain management and other pain management policies contained in ,directive #bjji-jec of the ,veterans ,health ,administration1 or successor directive2 or 7,,ii7 does not fully comply with such stepped-care model of pain management and other pain management policies but is carrying out a corrective plan of action to ensure such full compliance4 7d7 ,tracking and monitoring of opioid use 7#a7 ,prescription drug monitoring programs of states ,in carrying out the ,opioid ,safety ,initiative and the ,opioid ,therapy ,risk ,report tool of the ,department1 the ,secretary shall-- 7,a7 ensure access by health care providers of the ,department to information on controlled substances1 including opioids and benzodiazepines1 prescribed to veterans who receive care outside the ,department through the prescription drug monitoring program of each ,state with such a program1 including by seeking to enter into memoranda of understanding with ,states to allow shared access of such information between ,states and the ,department2 7,b7 include such information in the ,opioid ,therapy ,risk ,report2 and 7,c7 require health care providers of the ,department to submit to the prescription drug monitoring program of each ,state information on prescriptions of controlled substances received by veterans in that ,state under the laws administered by the ,secretary4 7#b7 ,report on tracking of data on opioid use ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the feasibility and advisability of improving the ,opioid ,therapy ,risk ,report tool of the ,department to allow for more advanced real-time tracking of and access to data on-- 7,a7 the key clinical indicators with respect to the totality of opioid use by veterans2 7,b7 concurrent prescribing by health care providers of the ,department of opioids in different health care settings1 including data on concurrent prescribing of opioids to treat mental health disorders other than opioid use disorder2 and 7,c7 mail-order prescriptions of opioid prescribed to veterans under the laws administered by the ,secretary4 7e7 ,availability of opioid receptor antagonists 7#a7 ,increased availability and use 7,a7 ,in general ,the ,secretary shall maximize the availability of opioid receptor antagonists approved by the ,food and ,drug ,administration1 including naloxone1 to veterans4 7,b7 ,availability1 training1 and distributing ,in carrying out subparagraph 7,a71 not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall-- 7i7 equip each pharmacy of the ,department with opioid receptor antagonists approved by the ,food and ,drug ,administration to be dispensed to outpatients as needed2 and 7ii7 expand the ,overdose ,education and ,naloxone ,distribution program of the ,department to ensure that all veterans in receipt of health care under laws administered by the ,secretary who are at risk of opioid overdose may access such opioid receptor antagonists and training on the proper administration of such opioid receptor antagonists4 7,c7 ,veterans who are at risk ,for purposes of subparagraph 7,b71 veterans who are at risk of opioid overdose include-- 7i7 veterans receiving long-term opioid therapy2 7ii7 veterans receiving opioid therapy who have a history of substance use disorder or prior instances of overdose2 and 7iii7 veterans who are at risk as determined by a health care provider who is treating the veteran4 7#b7 ,report ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on carrying out paragraph 7#a71 including an assessment of any remaining steps to be carried out by the ,secretary to carry out such paragraph4 7f7 ,inclusion of certain information and capabilities in opioid therapy risk report tool of the ,department 7#a7 ,information ,the ,secretary shall include in the ,opioid ,therapy ,risk ,report tool of the ,department-- 7,a7 information on the most recent time the tool was accessed by a health care provider of the ,department with respect to each veteran2 and 7,b7 information on the results of the most recent urine drug test for each veteran4 7#b7 ,capabilities ,the ,secretary shall include in the ,opioid ,therapy ,risk ,report tool the ability of the health care providers of the ,department to determine whether a health care provider of the ,department prescribed opioids to a veteran without checking the information in the tool with respect to the veteran4 7g7 ,notifications of risk in computerized health record ,the ,secretary shall modify the computerized patient record system of the ,department to ensure that any health care provider that accesses the record of a veteran1 regardless of the reason the veteran seeks care from the health care provider1 will be immediately notified whether the veteran-- 7#a7 is receiving opioid therapy and has a history of substance use disorder or prior instances of overdose2 7#b7 has a history of opioid abuse2 or 7#c7 is at risk of becoming an opioid abuser as determined by a health care provider who is treating the veteran4 7h7 ,definitions ,in this section3 7#a7 ,the term controlled substance has the meaning given that term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#b7 ,the term ,state means each of the several ,states1 territories1 and possessions of the ,united ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 #c4 ,strengthening of joint working group on pain management of the ,department of ,veterans ,affairs and the ,department of ,defense 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,veterans ,affairs and the ,secretary of ,defense shall ensure that the ,pain ,management ,working ,group of the ,health ,executive ,committee of the ,department of ,veterans ,affairs-,department of ,defense ,joint ,executive ,committee 7,pain ,management ,working ,group7 established under section #cbj of title #ch1 ,united ,states ,code1 includes a focus on the following3 7#a7 ,the opioid prescribing practices of health care providers of each ,department4 7#b7 ,the ability of each ,department to manage acute and chronic pain among individuals receiving health care from the ,department1 including training health care providers with respect to pain management4 7#c7 ,the use by each ,department of complementary and integrative health and complementary alternative medicines in treating such individuals4 7#d7 ,the concurrent use by health care providers of each ,department of opioids and prescription drugs to treat mental health disorders1 including benzodiazepines4 7#e7 ,the practice by health care providers of each ,department of prescribing opioids to treat mental health disorders4 7#f7 ,the coordination in coverage of and consistent access to medications prescribed for patients transitioning from receiving health care from the ,department of ,defense to receiving health care from the ,department of ,veterans ,affairs4 7#g7 ,the ability of each ,department to identify and treat substance use disorders among individuals receiving health care from that ,department4 7b7 ,coordination and consultation ,the ,secretary of ,veterans ,affairs and the ,secretary of ,defense shall ensure that the working group described in subsection 7a7-- 7#a7 coordinates the activities of the working group with other relevant working groups established under section #cbj of title #ch1 ,united ,states ,code2 7#b7 consults with other relevant ,federal agencies with respect to the activities of the working group2 and 7#c7 consults with the ,department of ,veterans ,affairs and the ,department of ,defense with respect to1 reviews1 and comments on the ,,va_/,,dod ,clinical ,practice ,guideline for ,management of ,opioid ,therapy for ,chronic ,pain1 or any successor guideline1 before any update to the guideline is released4 7c7 ,clinical practice guidelines 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs and the ,secretary of ,defense shall issue an update to the ,,va_/,,dod ,clinical ,practice ,guideline for ,management of ,opioid ,therapy for ,chronic ,pain4 7#b7 ,matters included ,in conducting the update under subsection 7a71 the ,pain ,management ,working ,group1 in coordination with the ,clinical ,practice ,guideline ,,va_/,,dod ,management of ,opioid ,therapy for ,chronic ,pain ,working ,group1 shall examine whether the ,clinical ,practical ,guideline should include the following3 7,a7 ,enhanced guidance with respect to-- 7i7 the coadministration of an opioid and other drugs1 including benzodiazepines1 that may result in life-limiting drug interactions2 7ii7 the treatment of patients with current acute psychiatric instability or substance use disorder or patients at risk of suicide2 and 7iii7 the use of opioid therapy to treat mental health disorders other than opioid use disorder4 7,b7 ,enhanced guidance with respect to the treatment of patients with behaviors or comorbidities1 such as post-traumatic stress disorder or other psychiatric disorders1 or a history of substance abuse or addiction1 that requires a consultation or comanagement of opioid therapy with one or more specialists in pain management1 mental health1 or addictions4 7,c7 ,enhanced guidance with respect to health care providers-- 7i7 conducting an effective assessment for patients beginning or continuing opioid therapy1 including understanding and setting realistic goals with respect to achieving and maintaining an expected level of pain relief1 improved function1 or a clinically appropriate combination of both2 and 7ii7 effectively assessing whether opioid therapy is achieving or maintaining the established treatment goals of the patient or whether the patient and health care provider should discuss adjusting1 augmenting1 or discontinuing the opioid therapy4 7,d7 ,guidelines to govern the methodologies used by health care providers of the ,department of ,veterans ,affairs and the ,department of ,defense to taper opioid therapy when adjusting or discontinuing the use of opioid therapy4 7,e7 ,guidelines with respect to appropriate case management for patients receiving opioid therapy who transition between inpatient and outpatient health care settings1 which may include the use of care transition plans4 7,f7 ,guidelines with respect to appropriate case management for patients receiving opioid therapy who transition from receiving care during active duty to post-military health care networks4 7,g7 ,guidelines with respect to providing options1 before initiating opioid therapy1 for pain management therapies without the use of opioids and options to augment opioid therapy with other clinical and complementary and integrative health services to minimize opioid dependence4 7,h7 ,guidelines with respect to the provision of evidence-based non-opioid treatments within the ,department of ,veterans ,affairs and the ,department of ,defense1 including medical devices and other therapies approved or cleared by the ,food and ,drug ,administration for the treatment of chronic pain as an alternative to or to augment opioid therapy4 #d4 ,review1 investigation1 and report on use of opioids in treatment by ,department of ,veterans ,affairs 7a7 ,comptroller general report 7#a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the ,opioid ,safety ,initiative of the ,department of ,veterans ,affairs and the opioid prescribing practices of health care providers of the ,department4 7#b7 ,elements ,the report submitted under paragraph 7#a7 shall include the following3 7,a7 ,recommendations on such improvements to the ,opioid ,safety ,initiative of the ,department as the ,comptroller ,general considers appropriate4 7,b7 ,information with respect to-- 7i7 deaths resulting from sentinel events involving veterans prescribed opioids by a health care provider of the ,department2 7ii7 overall prescription rates and prescriptions indications of opioids to treat non-cancer1 non-palliative1 and non-hospice care patients2 7iii7 the prescription rates and prescriptions indications of benzodiazepines and opioids concomitantly by health care providers of the ,department2 7iv7 the practice by health care providers of the ,department of prescribing opioids to treat patients without any pain1 including to treat patients with mental health disorders other than opioid use disorder2 and 7v7 the effectiveness of opioid therapy for patients receiving such therapy1 including the effectiveness of long-term opioid therapy4 7,c7 ,an evaluation of processes of the ,department in place to oversee opioid use among veterans1 including procedures to identify and remedy potential over-prescribing of opioids by health care providers of the ,department4 7,d7 ,an assessment of the implementation by the ,secretary of the ,,va_/,,dod ,clinical ,practice ,guideline for ,management of ,opioid ,therapy for ,chronic ,pain4 7b7 ,quarterly progress report on implementation of comptroller general recommendations ,not later than #b years after the date of the enactment of this ,act1 and not later than #cj days after the end of each quarter thereafter1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a progress report detailing the actions by the ,secretary during the period covered by the report to address any outstanding findings and recommendations by the ,comptroller ,general of the ,united ,states under subsection 7a7 with respect to the ,veterans ,health ,administration4 7c7 ,annual review of prescription rates ,not later than #a year after the date of the enactment of this ,act1 and not less frequently than annually for the following #e years1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report1 with respect to each medical facility of the ,department of ,veterans ,affairs1 to collect and review information on opioids prescribed by health care providers at the facility to treat non-cancer1 non-palliative1 and non-hospice care patients that contains1 for the #a-year period preceding the submission of the report1 the following3 7#a7 ,the number of patients and the percentage of the patient population of the ,department who were prescribed benzodiazepines and opioids concurrently by a health care provider of the ,department4 7#b7 ,the number of patients and the percentage of the patient population of the ,department without any pain who were prescribed opioids by a health care provider of the ,department1 including those who were prescribed benzodiazepines and opioids concurrently4 7#c7 ,the number of non-cancer1 non-palliative1 and non-hospice care patients and the percentage of such patients who were treated with opioids by a health care provider of the ,department on an inpatient-basis and who also received prescription opioids by mail from the ,department while being treated on an inpatient-basis4 7#d7 ,the number of non-cancer1 non-palliative1 and non-hospice care patients and the percentage of such patients who were prescribed opioids concurrently by a health care provider of the ,department and a health care provider that is not health care provider of the ,department4 7#e7 ,with respect to each medical facility of the ,department1 information on opioids prescribed by health care providers at the facility to treat non-cancer1 non-palliative1 and non-hospice care patients1 including information on-- 7,a7 the prescription rate at which each health care provider at the facility prescribed benzodiazepines and opioids concurrently to such patients and the aggregate such prescription rate for all health care providers at the facility2 7,b7 the prescription rate at which each health care provider at the facility prescribed benzodiazepines or opioids to such patients to treat conditions for which benzodiazepines or opioids are not approved treatment and the aggregate such prescription rate for all health care providers at the facility2 7,c7 the prescription rate at which each health care provider at the facility prescribed or dispensed mail-order prescriptions of opioids to such patients while such patients were being treated with opioids on an inpatient-basis and the aggregate of such prescription rate for all health care providers at the facility2 and 7,d7 the prescription rate at which each health care provider at the facility prescribed opioids to such patients who were also concurrently prescribed opioids by a health care provider that is not a health care provider of the ,department and the aggregate of such prescription rates for all health care providers at the facility4 7#f7 ,with respect to each medical facility of the ,department1 the number of times a pharmacist at the facility overrode a critical drug interaction warning with respect to an interaction between opioids and another medication before dispensing such medication to a veteran4 7d7 ,investigation of prescription rates ,if the ,secretary determines that a prescription rate with respect to a health care provider or medical facility of the ,department conflicts with or is otherwise inconsistent with the standards of appropriate and safe care1 the ,secretary shall-- 7#a7 immediately notify the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives of such determination1 including information relating to such determination1 prescription rate1 and health care provider or medical facility1 as the case may be2 and 7#b7 through the ,office of the ,medical ,inspector of the ,veterans ,health ,administration1 conduct a full investigation of the health care provider or medical facility1 as the case may be4 7e7 ,prescription rate defined ,in this section1 the term prescription rate means1 with respect to a health care provider or medical facility of the ,department1 each of the following3 7#a7 ,the number of patients treated with opioids by the health care provider or at the medical facility1 as the case may be1 divided by the total number of pharmacy users of that health care provider or medical facility4 7#b7 ,the average number of morphine equivalents per day prescribed by the health care provider or at the medical facility1 as the case may be1 to patients being treated with opioids4 7#c7 ,of the patients being treated with opioids by the health care provider or at the medical facility1 as the case may be1 the average number of prescriptions of opioids per patient4 #e4 ,mandatory disclosure of certain veteran information to ,state controlled substance monitoring programs ,section #egja7l7 of title #ch1 ,united ,states ,code1 is amended by striking may and inserting shall4 #f4 ,modification to limitation on awards and bonuses ,section #gje of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #ch ,u4,s4,c4 #gjc note7 is amended to read as follows3 #gje4 ,limitation on awards and bonuses paid to employees of ,department of ,veterans ,affairs ,the ,secretary of ,veterans ,affairs shall ensure that the aggregate amount of awards and bonuses paid by the ,secretary in a fiscal year under chapter #de or #ec of title #e1 ,united ,states ,code1 or any other awards or bonuses authorized under such title or title #ch1 ,united ,states ,code1 does not exceed the following amounts3 7#a7 ,with respect to each of fiscal years #bjag through #bjba1 #bcj1jjj1jjj4 7#b7 ,with respect to each of fiscal years #bjbb through #bjbd1 #cfj1jjj1jjj4 4 ,passed the ,house of ,representatives ,may #aj1 #bjaf4;,clerk4