H. Res. 949: H.R. 5797 — Individuals in Medicaid Deserve Care that is Appropriate and Responsible in its Delivery Act; H.R. 6082 — Overdose Prevention and Patient Safety Act; H.R. 6 — Substance Use-Disorder Prevention that Promotes Opioid Recovery

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 7-3 on Tuesday, June 19, 2018.

FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 225-180 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 221-185 on Wednesday, June 20, 2018.

MANAGERS: McGovern/Burgess

115th Congress

2nd Session

Rule

H. RES. 949

Report No. 115-766

 

H.R. 6- Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act

H.R. 5797- Individuals in Medicaid Deserve Care that is Appropriate and Responsible in its Delivery Act

H.R. 6082 - Overdose Prevention and Patient Safety Act

  1. Structured rule for H.R. 6.
  2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Committee on Energy and Commerce.
  3. Waives all points of order against consideration of the bill.
  4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-76, modified by Rules Committee Print 115-78 and the amendment printed in part A of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
  5. Waives all points of order against provisions in the bill, as amended.
  6. Makes in order only those further amendments printed in part B of the report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
  7. Waives all points of order against the amendments printed in part B of the report.
  8. Provides one motion to recommit with or without instructions.
  9. Structured rule for H.R. 5797.
  10. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce.
  11. Waives all points of order against consideration of the bill.
  12. Provides that the amendment in the nature of a substitute recommended by the Committee of Energy and Commerce now printed in the bill, modified by the amendment printed in part C of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
  13. Waives all points of order against provisions in the bill, as amended.
  14. Makes in order only those further amendments printed in part D of the report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
  15. Waives all points of order against the amendments printed in part D of the report.
  16. Provides one motion to recommit with or without instructions.
  17. Closed rule for H.R. 6082.
  18. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce.
  19. Waives all points of order against consideration of the bill.
  20. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-7 5 shall be considered as adopted and the bill, as amended, shall be considered as read.
  21. Waives all points of order against provisions in the bill, as amended.
  22. Provides one motion to recommit with or without instructions.
  23. Directs the Clerk to, in the engrossment of H.R. 6, add the text of H.R. 2851, H.R. 5735, and H.R. 5797, as passed by the House as a new matter at the end of H.R. 6 and make technical and conforming modifications in the engrossment.

 

RESOLUTION

Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 6) to provide for opioid use disorder prevention, recovery, and treatment, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce. After general debate the bill shall be considered for amendment under the five-minute rule. An amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-76, modified by Rules Committee Print 115-78 and the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. No further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules. Each such further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill, as amended, and any further amendment thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. At any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 5797) to amend title XIX of the Social Security Act to allow States to provide under Medicaid services for certain individuals with opioid use disorders in institutions for mental diseases. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce. After general debate the bill shall be considered for amendment under the five-minute rule. The amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill, modified by the amendment printed in part C of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. No further amendment to the bill, as amended, shall be in 01·der except those printed in part D of the report of the Committee on Rules. Each such further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable f01· the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill, as amended, and any further amendment thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 3. Upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 6082) to amend the Public Health Service Act to protect the confidentiality of substance use disorder patient records. All points of order against consideration of the bill are waived. An amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-7 5 shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce; and (2) one motion to recommit with or without instructions.

Sec. 4. In the engrossment of H.R. 6, the Clerk shall-- (a) add the respective texts of H.R. 2851, H.R. 5735, and H.R. 5797, as passed by the House, as new matter at the end of H.R. 6; (b) assign appropriate designations to provisions within the engrossment; and (c) conform cross-references and provisions for short titles within the engrossment.

 

SUMMARY OF AMENDMENT TO H.R. 6 IN PART A PROPOSED TO BE CONSIDERED AS ADOPTED

Sponsor

#

Description

  1. Walden (OR)

#23

(LATE) Makes a technical correction to ensure that the matter incorporated into H.R. 6 is identical to the legislation previously adopted by the House.

 

SUMMARY OF AMENDMENTS TO H.R. 6 IN PART B PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

  1. Walden (OR), Pallone (NJ), Brady, Kevin (TX), Neal (MA)

#22

(LATE) Calls for Medicaid, Medicare, and public health reforms to help combat the opioid crisis. The policies contained in H.R. 6 were advanced through regular order by the House Energy and Commerce and Ways and Means Committees.

(10 minutes)

  1. Dunn (FL), Marshall (KS), Harris (MD), Roe (TN)

#9

Strikes language expanding the classes of health care workers who are authorized to dispense narcotics for narcotic treatment.

(10 minutes)

  1. Barton (TX), Meadows (NC), Kuster, Ann (NH)

#16

Directs the Commissioner of Food and Drugs to develop high-quality, evidence-based opioid analgesic prescribing guidelines for the indication-specific treatment of acute pain. In developing such guidelines,it would require the Commissioner of Food and Drugs to gather input through a public workshop and comment period, and to provide a report to Congress on how such guidelines will be used to protect the public health.

(10 minutes)

  1. Curtis, John (UT)

#11

Requires a report from HHS on opioid prescribing practices and opioid misuse during pregnancy, and evaluating non-opiate pain management practices during pregnancy.

(10 minutes)

  1. Keating (MA), Rothfus (PA)

#12

Directs HHS to issue guidelines for prescribing naloxone in situations involving any type of prescription or illicit opioid use.

(10 minutes)

  1. Meadows (NC)

#6

Requires the Government Accountability Office to conduct a comprehensive report on health care policy changes that may have contributed to the increase in opioid overdoses and deaths.

(10 minutes)

  1. Waters (CA)

#19

(LATE) Directs the Secretary of Health and Human Services (HHS) to conduct a survey of organizations that provide substance abuse treatment services. Under the amendment, HHS is required to develop, and submit to Congress, a plan to direct appropriate resources to address inadequacies in services or funding for specific types of drug addictions identified through the survey.

(10 minutes)

  1. Turner (OH), Kuster, Ann (NH)

#14

Eliminates Substance Abuse and Mental Health Services Administration's (SAMHSA) policy that prevents SAMHSA funding from going toward substance abuse treatment services for individuals who are incarcerated.

(10 minutes)

 

SUMMARY OF AMENDMENT TO H.R 5797 IN PART C PROPOSED TO BE CONSIDERED AS ADOPTED

Sponsor

#

Description

  1. Walters, Mimi (CA)

#2

Provides an incentive for states to voluntarily adopt a medical loss ratio (MLR) requirement for their Medicaid managed care organizations (MCOs) of 85 percent.

 

SUMMARY OF AMENDMENTS TO H.R. 5797 IN PART D PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

  1. Rush (IL)

#3

(REVISED) Expands treatment coverage to individuals suffering from cocaine use disorder (which includes crack cocaine).

(10 minutes)

  1. Kildee (MI)

#12

Adds two requirements to the report that states are required to submit. The first would be information regarding the number of individuals suffering from co-occuring disorders and the disorders from which they suffer and the second would be information regarding access to community care for individuals suffering from a mental illness other than substance use disorder.

(10 minutes)

  1. Fitzpatrick (PA)

#4

Provides flexibility for States to allow the State plan amendment to include assessments to determine level of care and length of stay recommendations based upon criteria established or endorsed by a State agency pursuant to 1932(b)(1)(A)(i) of the Public Health Service Act.

(10 minutes)