1Providing for electronic prescriptions and for duties of the
2Department of Health; establishing the Medical Assistance 
3Health Information Technology Incentive Payment Program in 
4the Department of Public Welfare; and imposing penalties.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Definitions.

8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Department." The Department of Health of the Commonwealth.

12"Health care facility." Any health care facility providing
13clinically related health services, including, but not limited
14to, a general or special hospital, including psychiatric
15hospitals, rehabilitation hospitals, ambulatory surgical
16facilities, long-term care nursing facilities, abortion
17facilities, cancer treatment centers using radiation therapy on
18an ambulatory basis and inpatient drug and alcohol treatment

1facilities, both for-profit and nonprofit, and including those
2operated by an agency or State or local government. The term
3also includes hospice. The term does not include an office used
4primarily for the private or group practice by health care
5practitioners where no reviewable clinically related health
6service is offered, a facility providing treatment solely on the
7basis of prayer or spiritual means in accordance with the tenets
8of any church or religious denomination or a facility conducted
9by a religious organization for the purpose of providing health
10care services exclusively to clergy or other persons in a
11religious profession who are members of the religious
12denominations conducting the facility.

13Section 2. E-prescribing.

14Within 60 days following the effective date of this act, a
15health care facility shall develop a full and complete
16implementation plan with specific goals, key performance
17indicators and timelines in order to meet the following
18requirements:

19(1) Commencing September 1, 2013, every health care
20facility shall provide easy and timely access to an e-
21prescribing system for use by all medical staff who have
22prescriptive authority in this Commonwealth.

23(2) The e-prescribing system chosen by the health care
24facility shall be able to monitor and notify the medical
25staff of potentially harmful drug interactions for each
26prescription filed.

27(3) Thereafter, the health care facility shall certify
28to the department on its application for license or license
29renewal that it provides access for all medical staff that
30write prescriptions to an e-prescribing system and permits

1its use in the facility.

2Section 3. Regulations.

3Within 180 days following the effective date of this act, the
4State Board of Medicine shall promulgate regulations that will
5establish guidelines for the use of e-prescribing by every
6physician that chooses to write prescriptions electronically.
7The e-prescribing system shall be able to monitor and notify the
8physician of potentially harmful drug interactions for each
9prescription filed by that physician. The department may require
10that every physician certify on the physician's application for
11a license or license renewal that the physician has access to an
12e-prescribing system and report whether it is being used for
13writing prescriptions.

14Section 4. Medical Assistance Health Information Technology
15Incentive Payment Program.

16(a) Establishment.--A Medical Assistance Health Information
17Technology Incentive Payment Program is established in the
18Department of Public Welfare for eligible acute care hospitals
19and critical access hospitals that are meaningful electronic
20health record users as defined under section 4102 of the
21American Recovery and Reinvestment Act of 2009 (Public Law 111-
225, 123 Stat. 115).

23(b) Application.--The Department of Public Welfare shall
24establish a payment incentive program consistent with the
25provisions of section 4102 of the American Recovery and
26Reinvestment Act of 2009.

27Section 5. Penalties.

28(a) Health care facility.--Any false or misleading statement
29on a certification by a health care facility shall subject the
30health care facility to a fine of $5,000 per violation.

1(b) Physician.--Any false or misleading statement on a
2certification by a physician shall subject the physician to a
3fine of $5,000 per violation.

4Section 6. Effective date.

5This act shall take effect in 60 days.