[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2460 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2460

     To amend title XVIII of the Social Security Act to require e-
   prescribing for coverage under part D of the Medicare program of 
           prescription drugs that are controlled substances.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2018

   Mr. Bennet (for himself, Mr. Heller, Ms. Warren, and Mr. Toomey) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
     To amend title XVIII of the Social Security Act to require e-
   prescribing for coverage under part D of the Medicare program of 
           prescription drugs that are controlled substances.

    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 ``Every Prescription Conveyed Securely 
Act''.

SEC. 2. REQUIRING E-PRESCRIBING FOR COVERAGE OF COVERED PART D 
              CONTROLLED SUBSTANCES.

    (a) In General.--Section 1860D-4(e) of the Social Security Act (42 
U.S.C. 1395w-104(e)) is amended by adding at the end the following:
            ``(7) Requirement of e-prescribing for controlled 
        substances.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                prescription for a covered part D drug under a 
                prescription drug plan (or under an MA-PD plan) for a 
                schedule II, III, IV, or V controlled substance shall 
                be transmitted by a health care practitioner 
                electronically in accordance with an electronic 
                prescription drug program that meets the requirements 
                of paragraph (2).
                    ``(B) Exception for certain circumstances.--The 
                Secretary shall, pursuant to rulemaking, specify 
                circumstances with respect to which the Secretary may 
                waive the requirement under subparagraph (A), with 
                respect to a covered part D drug, including in the case 
                of--
                            ``(i) a prescription issued when the 
                        prescriber and dispenser are the same entity;
                            ``(ii) a prescription issued that cannot be 
                        transmitted electronically due to the 
                        constraints of the most recently implemented 
                        version of the National Council for 
                        Prescription Drug Programs SCRIPT Standard;
                            ``(iii) a prescription issued by a 
                        practitioner who has received a waiver or a 
                        renewal thereof for a specified period 
                        determined by the Secretary, not to exceed one 
                        year, from the requirement to use electronic 
                        prescribing, pursuant to a process established 
                        by regulation by the Secretary, due to 
                        demonstrated economic hardship, technological 
                        limitations that are not reasonably within the 
                        control of the practitioner, or other 
                        exceptional circumstance demonstrated by the 
                        practitioner;
                            ``(iv) a prescription issued by a 
                        practitioner under circumstances in which, 
                        notwithstanding the practitioner's ability to 
                        make an electronic prescription as required by 
                        this subsection, such practitioner reasonably 
                        determines that it would be impractical for the 
                        individual involved to obtain substances 
                        prescribed by electronic prescription in a 
                        timely manner, and such delay would adversely 
                        impact the individual's medical condition 
                        involved;
                            ``(v) a prescription issued by a 
                        practitioner allowing for the dispensing of a 
                        non-patient specific prescription pursuant to a 
                        standing order, approved protocol for drug 
                        therapy, collaborative drug management, or 
                        comprehensive medication management, in 
                        response to a public health emergency, or other 
                        circumstances where the practitioner may issue 
                        a non-patient specific prescription;
                            ``(vi) a prescription issued by a 
                        practitioner prescribing a drug under a 
                        research protocol;
                            ``(vii) a prescription issued by a 
                        practitioner for a drug for which the Food and 
                        Drug Administration requires the prescription 
                        to contain certain elements that are not able 
                        to be accomplished with electronic prescribing 
                        such as, a drug with risk evaluation and 
                        mitigation strategies that include elements to 
                        assure safe use; and
                            ``(viii) a prescription issued by a 
                        practitioner for an individual who--
                                    ``(I) receives hospice care under 
                                this title; or
                                    ``(II) is a resident of a long-term 
                                care facility, of a facility described 
                                in section 1905(d), or of another 
                                facility for which frequently abused 
                                drugs are dispensed for residents 
                                through a contract with a single 
                                pharmacy.
                    ``(C) Dispensing.--(i) Nothing in this paragraph 
                shall be construed as requiring a sponsor of a 
                prescription drug plan under this part, MA organization 
                offering an MA-PD plan under part C, or a pharmacist to 
                verify that a practitioner, with respect to a 
                prescription for a covered part D drug, has a waiver 
                (or is otherwise exempt) under subparagraph (B) from 
                the requirement under subparagraph (A).
                    ``(ii) Nothing in this paragraph shall be construed 
                as affecting the ability of the plan to cover or the 
                pharmacists' ability to continue to dispense covered 
                part D drugs from otherwise valid written, oral or fax 
                prescriptions that are consistent with laws and 
                regulations.
                    ``(iii) Nothing in this paragraph shall be 
                construed as affecting the ability of an individual who 
                is being prescribed a covered part D drug to designate 
                a particular pharmacy to dispense the covered part D 
                drug to the extent consistent with the requirements 
                under subsection (b)(1) and under this paragraph.
                    ``(D) Enforcement.--The Secretary shall, pursuant 
                to rulemaking, have authority to enforce and specify 
                appropriate penalties for noncompliance with the 
                requirement under subparagraph (A).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to coverage of drugs prescribed on or after January 1, 2020.
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