PRIOR PRINTER'S NOS. 401, 1432
PRINTER'S NO. 1490
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
432
Session of
2019
INTRODUCED BY PHILLIPS-HILL, J. WARD, BROWNE, YUDICHAK AND
SCAVELLO, MARCH 12, 2019
AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, FEBRUARY 3, 2020
AN ACT
Amending the act of October 27, 2014 (P.L.2911, No.191),
entitled "An act providing for prescription drug monitoring;
creating the ABC-MAP Board; establishing the Achieving Better
Care by Monitoring All Prescriptions Program; and providing
for unlawful acts and penalties," further providing for
access to prescription information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9(b)(7) of the act of October 27, 2014
(P.L.2911, No.191), known as the Achieving Better Care by
Monitoring All Prescriptions Program (ABC-MAP) Act, is amended
and the subsection is amended by adding paragraphs to read:
SECTION 1. SECTION 9(B)(7) OF THE ACT OF OCTOBER 27, 2014
(P.L.2911, NO.191), KNOWN AS THE ACHIEVING BETTER CARE BY
MONITORING ALL PRESCRIPTIONS PROGRAM (ABC-MAP) ACT, IS AMENDED,
THE SUBSECTION IS AMENDED BY ADDING PARAGRAPHS AND THE SECTION
IS AMENDED BY ADDING A SUBSECTION TO READ:
Section 9. Access to prescription information.
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(b) Authorized users.--The following individuals may query
the system according to procedures determined by the board and
with the following limitations:
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(7) Designated Commonwealth personnel and contracted
staff who are responsible for the development and evaluation
of quality improvement strategies, program integrity
initiatives or conducting internal compliance reviews and
data reporting for the medical assistance program, Children's
Health Insurance Program (CHIP), Pharmaceutical Assistance
Contract for the Elderly (PACE) or Pharmaceutical Assistance
Contract for the Elderly Needs Enhancement Tier (PACENET).
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(12) Personnel MEDICAL DIRECTORS AND PHARMACY DIRECTORS,
OR THEIR DESIGNEES, of an organization that has an agreement
to be paid on a capitated basis to provide services to
medical assistance beneficiaries, who are engaged in care
management, the development and evaluation of quality
improvement strategies, program integrity initiatives or
conducting internal compliance reviews and data reporting for
the medical assistance program. Personnel engaged in these
activities:
(i) May query the system to review the requested
dispensing or prescribing of a controlled substance under
this act to an individual to whom the organization
provides services under Title XIX of the Social Security
Act (P.L.74-271, 42 U.S.C. ยง 1396 et seq.) .
(ii) Shall notify the Department of Human Services
and the Office of Attorney General if MEDICAID fraud is
suspected based on the results of the query and review of
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the database.
(13) An authorized employee of a county or municipal
health department may query the system if the employee has a
unique identifier when accessing the system and the employee
accesses the system for any of the following purposes:
(i) Developing educational programs relating to
prescribing practices and controlled substance abuse.
(ii) Identifying at-risk individuals for the purpose
of connecting them with addiction treatment professionals
and programs, including single county authorities.
(iii) Compiling epidemiological data to ensure that
security of the system when an authorized employee of a
county of municipal health department accesses the
system.
(14) Political subdivisions of the Commonwealth may not
establish a database requiring the submission and query of
prescription data by prescribers and dispensers in addition
to the database established under section 6.
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(13) (I) AN AUTHORIZED EMPLOYEE OF A COUNTY OR
MUNICIPAL HEALTH DEPARTMENT OR THE DEPARTMENT OF HEALTH
OF THE COMMONWEALTH MAY HAVE ACCESS TO DATA FROM THE
SYSTEM FOR ANY OF THE FOLLOWING PURPOSES:
(A) DEVELOPING EDUCATION PROGRAMS OR PUBLIC
HEALTH INTERVENTIONS RELATING TO SPECIFIC PRESCRIBING
PRACTICES, CONTROLLED SUBSTANCES AND THE PREVENTION
OF FRAUD AND ABUSE.
(B) CONDUCTING ANALYSES ON PRESCRIBING TRENDS IN
THEIR RESPECTIVE JURISDICTIONS.
(II) FOR PURPOSES OF SUBPARAGRAPH (I)(A), A COUNTY
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OR MUNICIPAL HEALTH DEPARTMENT SHALL IMPLEMENT
APPROPRIATE TECHNICAL AND PHYSICAL SAFEGUARDS TO ENSURE
THE PRIVACY AND SECURITY OF DATA OBTAINED FROM THE
SYSTEM.
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(D) PREEMPTION.--POLITICAL SUBDIVISIONS OF THE COMMONWEALTH
MAY NOT ESTABLISH A DATABASE REQUIRING THE SUBMISSION AND QUERY
OF PRESCRIPTION DATA BY PRESCRIBERS AND DISPENSERS IN ADDITION
TO THE DATABASE ESTABLISHED UNDER SECTION 6.
Section 2. This act shall take effect in 60 days. AS
FOLLOWS:
(1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(2) THE ADDITION OF SECTION 9(D) OF THE ACT SHALL TAKE
EFFECT IMMEDIATELY.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
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