Sec. 14. Establishing reciprocity with Drug Enforcement Administration to address improper prescribing of controlled substances
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Section 1866(j) of the Social Security Act ( 42 U.S.C. 1395cc(j) ) is amended by adding at the end the following new paragraph: If the Secretary makes a determination described in subparagraph
(B)with respect to improper prescribing of a controlled substance (as defined in section 102(6) of the Controlled Substances Act), the Secretary shall notify the Attorney General in accordance with subparagraph (C). A determination described in this subparagraph is a determination by the Secretary under which— the enrollment of a provider of services or supplier under this title is revoked, based in whole or in part on a finding by the Secretary under section 424.535(a)(14) of title 42, Code of Federal Regulations (or any successor regulation), as applied to improper prescribing of controlled substances; or a provider of services or supplier is placed on the preclusion list as defined under sections 422.2 and 423.100 of such title 42 (or any successor regulation), based in whole or in part on a finding by the Secretary that such provider or supplier has engaged in conduct, in connection with prescribing of controlled substances, that would be considered improper prescribing under such section 424.535(a)(14), if the provider of services or supplier were enrolled under this title. If the Secretary revokes an enrollment or makes a preclusion list placement as described in subparagraph (B), the Secretary shall notify the Attorney General of such revocation or placement, no later than 30 days after— the affirmation of such Secretarial action, in response to a request for reconsideration by the provider of services or supplier involved under section 424.545(a) or part 498 of such title 42, as applicable (or any successor regulations); or absent such a request for reconsideration, expiration of the time period during which such a request may be filed. In the case that a revocation of enrollment or a preclusion list placement as described in subparagraph
(B)is reversed under proceedings subsequent to the appropriate notification under subparagraph (C), the Secretary shall inform the Attorney General of such reversal (and as applicable, reinstatement of such enrollment or removal from the preclusion list). . Section 1866(j)(5)(B) of the Social Security Act ( 42 U.S.C. 1395cc(j)(5)(B) ) is amended by striking paragraph
(7)and inserting paragraph
(9). Section 304 of the Controlled Substances Act ( 21 U.S.C. 824 ) is amended by adding at the end the following: Upon receipt of a notification from the Secretary under section 1866(j)(10)(C) of the Social Security Act ( 42 U.S.C. 1395cc(j)(10)(C) ) of a determination of the Secretary to revoke an enrollment or make a preclusion list placement, the Attorney General shall revoke the registration granted under section 303 of this Act of the registrant that is the subject of such revocation or placement. After revocation of a registration under paragraph (1), if the Attorney General receives information from the Secretary under section 1866(j)(10)(D) of the Social Security Act ( 42 U.S.C. 1395cc(j)(10)(D) ) that the determination of the Secretary described in paragraph
(1)has been reversed, the Attorney General may reverse the revocation of the registration if the Attorney General determines such reversal is appropriate. .
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Sec. 14
Establishing reciprocity with Drug Enforcement Administration to address improper prescribing of controlled substances
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