H.R. 5932 — Introduced in House

I 117th CONGRESS 1st Session H. R. 5932 IN THE HOUSE OF REPRESENTATIVES November 9, 2021Ms. Kuster (for herself and Mr. Emmer) 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 A BILL To amend titles XVIII and XIX of the Social Security Act to provide for the improvement of patient safety and to reduce the incidence of injury and death from opioid-induced respiratory depression under the Medicare and Medicaid programs. 1. Short title This Act may be cited as the Inpatient Opioid Safety Act of 2021. 2. Preventing opioid-induced respiratory depression and deaths under the Medicare and Medicaid programs through required monitoring (a) Medicare Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended— (1) in subparagraph (X), by striking and at the end; (2) in subparagraph (Y)(ii)(V), by striking the period and inserting ; and; and (3) by inserting after subparagraph (Y) the following new subparagraph: (Z) in the case of a hospital or critical access hospital and with respect to an individual who is furnished, on or after July 1, 2022, any opioid (regardless of route of administration) while an inpatient of such hospital or critical access hospital, to furnish to such individual, during the period beginning at the time such opioid is furnished and ending 12 hours later (or, if earlier, the time such individual is discharged), continuous physiologic electronic monitoring through a monitor that— (i) measures the adequacy of the respiration of such individual to detect opioid-induced respiratory depression needing intervention; (ii) can be configured to manage excess false alarms; and (iii) records and transmits information on blood oxygenation or ventilation of such individual, unless, before furnishing such opioid, a physician or practitioner (as defined in section 1842(b)(18)(C)) treating such individual determines that such monitoring is contraindicated and records such determination in the treatment records of such individual. . (b) Medicaid Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a))— (1) in paragraph (86), by striking and at the end; (2) in paragraph (87), by striking the period and inserting ; and; and (3) by inserting after paragraph (87) the following new paragraph: (88) provide that no hospital is eligible to receive payments under such plan unless such hospital furnishes continuous physiologic electronic monitoring in accordance with the provisions of section 1866(a)(1)(Z). .