Short title

This Act may be cited as the

National All Schedules Prescription Electronic Reporting Reauthorization Act of 2010

Amendment to purpose

Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 (Public Law 109–60) is amended to read as follows:

(1)foster the establishment of State-administered controlled substance monitoring systems in order to ensure that— (A)health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and (B)appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and

Amendments to controlled substance monitoring program

Section 399O of the Public Health Service Act (42 U.S.C. 280g–3) is amended— (1)in subsection (a)(1)— (A)in subparagraph (A), by striking or; (B)in subparagraph (B), by striking the period at the end and inserting ; or; and (C)by adding at the end the following:

(C)to maintain and operate an existing State controlled substance monitoring program.

;

(2)by amending subsection (b) to read as follows:

(b)

Minimum requirements

The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A).

;

(3)in subsection (c)— (A)in paragraph (1)(B)— (i)in the matter preceding clause (i), by striking (a)(1)(B) and inserting (a)(1)(B) or (a)(1)(C); (ii)in clause (i), by striking program to be improved and inserting program to be improved or maintained; and (iii)in clause (iv), by striking public health and inserting public health or public safety; (B)in paragraph (3)— (i)by striking If a State that submits and inserting the following:

(A)

In general

If a State that submits

;

(ii)by inserting before the period at the end and include timelines for full implementation of such interoperability; and (iii)by adding at the end the following:

(B)

Monitoring of efforts

The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A).

;

(C)in paragraph (5)— (i)by striking implement or improve and inserting establish, improve, or maintain; and (ii)by adding at the end the following: The Secretary shall redistribute any funds that are so returned among the remaining grantees under this section in accordance with the formula described in subsection (a)(2)(B).; (4)in the matter preceding paragraph (1) in subsection (d), by striking In implementing or improving all that follows through with the following: and inserting In establishing, improving, or maintaining a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subsection (a)(1)(B) or (C) submit to the Secretary for approval a statement of why such compliance is not feasible and a plan for bringing the State into compliance, with the following:; (5)in subsections (e), (f)(1), and (g), by striking implementing or improving each place it appears and inserting establishing, improving, or maintaining; (6)in subsection (f)— (A)in paragraph (1)(B) by striking misuse of a schedule II, III, or IV substance and inserting misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act; and (B)add at the end the following:

(3)

Evaluation and reporting

Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary— (A)to evaluate the success of the State’s program in achieving its purposes; or (B)to prepare and submit the report to Congress required by subsection (k)(2). (4)

Research by other entities

A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes.

;

(7)by redesignating subsections (h) through (n) as subsections (i) through (o), respectively; (8)in subsections (c)(1)(A)(iv) and (d)(4), by striking subsection (h) each place it appears and inserting subsection (i); (9)by inserting after subsection (g) the following:

(h)

Education and access to the monitoring system

A State receiving a grant under subsection (a) shall take steps to— (1)facilitate prescriber use of the State’s controlled substance monitoring system; and (2)educate prescribers on the benefits of the system both to them and society.

;

(10)in subsection (m)(1), as redesignated, by striking establishment, implementation, or improvement and inserting establishment, improvement, or maintenance; (11)in subsection (n)(8), as redesignated, by striking and the District of Columbia and inserting , the District of Columbia, and any commonwealth or territory of the United States; and (12)by amending subsection (o), as redesignated, to read as follows:

(o)

Authorization of appropriation

To carry out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2011 and $10,000,000 for each of fiscal years 2012 through 2015.

Amendments to title 38

(a)

Exception with respect to confidential nature of claims

Section 5701 of title 38, United States Code, is amended by adding at the end the following new subsection:

(l)Under regulations the Secretary shall prescribe, the Secretary may disclose information about a veteran or the dependant of a veteran to a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3), to the extent necessary to prevent misuse and diversion of prescription medicines.

(b)

Exception with respect to confidentiality of certain medical records

Section 7332(b)(2) of such title is amended by adding at the end the following new subparagraph:

(G)To a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3), to the extent necessary to prevent misuse and diversion of prescription medicines.

(c)

Report

(1)

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the participation of the Department of Veterans Affairs in State controlled substance monitoring programs, including programs approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3). (2)

Elements

The report required by paragraph (1) shall include the following: (A)A summary of the activities of the Department of Veterans Affairs relating to programs described in paragraph (1). (B)A list of the programs described in paragraph (1) in which the Department is participating. (C)A description of how the Secretary determines which programs described in paragraph (1) in which to participate. (D)The status of the regulations, if any, prescribed by the Secretary under section 5701(l) of title 38, United States Code, as added by subsection (a) of this section.