Bill Text: MA H110 | 2009-2010 | 186th General Court | Introduced

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Bill Title: Prevent the sharing of prescription data

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 3/26 at 1:00 PM in Hearing Room A1 [H110 Detail]

Download: Massachusetts-2009-H110-Introduced.html

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The Commonwealth of Massachusetts

^{_______________}

PRESENTED BY:

Ronald Mariano

^{_______________}

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
��������������� Court assembled:

��������������� The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act to prevent the sharing of prescription data.

^{_______________}

PETITION OF:

 

Name:	District/Address:
Ronald Mariano	3rd Norfolk
Louis L. Kafka	8th Norfolk
Elizabeth A. Malia	11th Suffolk

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1005 OF 2007-2008.]

The Commonwealth of Massachusetts

^{_______________}

In the Year Two Thousand and Nine

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An Act to prevent the sharing of prescription data.

��������������� Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.� Chapter 112, section 30 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by the addition of the following new section:

"No pharmacist shall exhibit, discuss, or reveal any part of the contents of any prescription, including the medication prescribed, the name of the prescriber, the therapeutic effect of the medication, the nature, extent, or degree of illness suffered by any patient or any medical information furnished by the prescriber with any person other than the patient or his or her authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist serving the patient, or a person duly authorized by law to receive such information. This section shall not be interpreted to interfere with legitimate peer review conducted by a hospital, physician group practice, health maintenance organization or other entity which is engaged in the review of one of its licensed or credentialed providers. This section shall also not be interpreted to prevent the sharing of prescribing information by a pharmacist with a patient�s insurer.�

SECTION 2.� Chapter 176 A of the General Laws is hereby amended by the addition of the following new section:

�No hospital service corporation shall permit its employees or consultants to exhibit, discuss, or reveal any part of the contents of any prescription with any person other than the patient or his or her authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist serving the patient, or a person duly authorized by law to receive such information. This section shall not be interpreted to interfere with legitimate peer review conducted by a hospital, physician group practice, health maintenance organization or other entity which is engaged in the review of one of its licensed or credentialed providers. This section shall also not be interpreted to prevent the internal review of prescribing information by an insurer for quality assurance or payment purposes.�

SECTION 3.� Chapter 176 B of the General Laws is hereby amended by the addition of the following new section:

�No medical service corporation shall exhibit, discuss, or reveal any part of the contents of any prescription with any person other than the patient or his or her authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist serving the patient, or a person duly authorized by law to receive such information. This section shall not be interpreted to interfere with legitimate peer review conducted by a hospital, physician group practice, health maintenance organization or other entity which is engaged in the review of one of its licensed or credentialed providers. This section shall also not be interpreted to prevent the internal review of prescribing information by an insurer for quality assurance or payment purposes.�

SECTION 4.� Chapter 176 G of the General Laws is hereby amended by the addition of the following new section:

�No health maintenance organization shall permit its employees or consultants to exhibit, discuss, or reveal any part of the contents of any prescription with any person other than the patient or his or her authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist serving the patient, or a person duly authorized by law to receive such information. This section shall not be interpreted to interfere with legitimate peer review conducted by a hospital, physician group practice, health maintenance organization or other entity which is engaged in the review of one of its licensed or credentialed providers. This section shall also not be interpreted to prevent the internal review of prescribing information by an insurer for quality assurance or payment purposes.�

SECTION 5.� Chapter 176I of the General Laws is hereby amended by the addition of the following new section:

�No preferred provider arrangement licensed under the provisions of this section shall permit its employees or consultants to exhibit, discuss, or reveal any part of the contents of any prescription with any person other than the patient or his or her authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist serving the patient, or a person duly authorized by law to receive such information. This section shall not be interpreted to interfere with legitimate peer review conducted by a hospital, physician group practice, health maintenance organization or other entity which is engaged in the review of one of its licensed or credentialed providers. This section shall also not be interpreted to prevent the internal review of prescribing information by an insurer for quality assurance or payment purposes.�

SECTION 6.� Chapter 118 E of the General Laws is hereby amended by the addition of the following new section:

�No employee or consultant of the Division of Medical Assistance or its agents in the provision of care under this section shall exhibit, discuss, or reveal any part of the contents of any prescription with any person other than the patient or his or her authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist serving the patient, or a person duly authorized by law to receive such information. This section shall not be interpreted to interfere with legitimate peer review conducted by a hospital, physician group practice, health maintenance organization or other entity which is engaged in the review of one of its licensed or credentialed providers. This section shall also not be interpreted to prevent the internal review of prescribing information by an insurer for quality assurance or payment purposes.�