[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8908 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8908
To amend title XI of the Social Security Act to require the Inspector
General of the Department of Health and Human Services to review a safe
harbor under the anti-kickback statute for certain contingency
management interventions, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
September 20, 2022
Mr. Estes (for himself and Mr. Panetta) 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
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A BILL
To amend title XI of the Social Security Act to require the Inspector
General of the Department of Health and Human Services to review a safe
harbor under the anti-kickback statute for certain contingency
management interventions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting Stimulant and other
Substance Use Disorders Act''.
SEC. 2. REVIEW OF SAFE HARBOR UNDER THE ANTI-KICKBACK STATUTE FOR
CERTAIN CONTINGENCY MANAGEMENT INTERVENTIONS.
(a) In General.--Section 1128D(a) of the Social Security Act (42
U.S.C. 1320a-7d(a)) is amended by adding at the end the following new
paragraph:
``(3) Review of safe harbor for certain contingency
management interventions.--
``(A) In general.--Pursuant to the final rule
titled `Medicare and State Health Care Programs: Fraud
and Abuse; Revisions to Safe Harbors Under the Anti-
Kickback Statute, and Civil Monetary Penalty Rules
Regarding Beneficiary Inducements' and published in the
Federal Register on December 2, 2020 (85 Fed. Reg.
77684), not later than one year after the date of the
enactment of this paragraph, the Inspector General of
the Department of Health and Human Services shall
conduct a review on whether to establish a safe harbor
described in paragraph (1)(A)(ii) for evidence-based
contingency management incentives and the parameters
for such a safe harbor. In conducting the review under
the previous sentence, the Secretary shall consider the
extent to which providing such a safe harbor for
evidence-based contingency management incentives may
result in any of the factors described in paragraph
(2).
``(i) Report.--Not later than two years after the
date of the enactment of this paragraph, the Secretary
and the Inspector General of the Department of Health
and Human Services shall submit to Congress
recommendations, including based on the review
conducted under subparagraph (A), for improving access
to evidence-based contingency management interventions
while ensuring quality of care, ensuring fidelity to
evidence-based practices, and including strong program
integrity safeguards that prevent increased waste,
fraud, and abuse and prevent medically unnecessary or
inappropriate items or services reimbursed in whole or
in part by a Federal health care program.''.
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