HF 4010

as introduced - 90th Legislature (2017 - 2018) Posted on 03/19/2018 03:09pm

A bill for an act
relating to health; establishing a benchmark for electronic prescribing; requiring
corrective action plans for prescribers who do not meet the benchmark; amending
Minnesota Statutes 2016, section 62J.497, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 62J.497, subdivision 2, is amended to read:

Subd. 2.

Requirements for electronic prescribing.

(a) Effective January 1, 2011, all
providers, group purchasers, prescribers, and dispensers must establish, maintain, and use
an electronic prescription drug program. This program must comply with the applicable
standards in this section for transmitting, directly or through an intermediary, prescriptions
and prescription-related information using electronic media.

(b) If transactions described in this section are conducted, they must be done electronically
using the standards described in this section. Nothing in this section requires providers,
group purchasers, prescribers, or dispensers to electronically conduct transactions that are
expressly prohibited by other sections or federal law.

(c) Providers, group purchasers, prescribers, and dispensers must use either HL7 messages
or the NCPDP SCRIPT Standard to transmit prescriptions or prescription-related information
internally when the sender and the recipient are part of the same legal entity. If an entity
sends prescriptions outside the entity, it must use the NCPDP SCRIPT Standard or other
applicable standards required by this section. Any pharmacy within an entity must be able
to receive electronic prescription transmittals from outside the entity using the adopted
NCPDP SCRIPT Standard. This exemption does not supersede any Health Insurance
Portability and Accountability Act (HIPAA) requirement that may require the use of a
HIPAA transaction standard within an organization.

new text begin (d) By July 1, 2020, a prescriber must use e-prescribing to transmit to a dispenser at
least 80 percent of the prescriptions issued by that prescriber on a monthly basis. The
commissioner of health shall evaluate prescribers to assess compliance with this requirement
and shall send notices of noncompliance by November 1, 2020, to prescribers who are not
in compliance with this requirement. A prescriber who receives a notice of noncompliance
from the commissioner must submit to the commissioner by December 1, 2020, a corrective
action plan detailing the steps the prescriber will take to reach the benchmark of transmitting
80 percent of prescriptions to dispensers through e-prescribing and a timeline for the
prescriber to reach that benchmark. The commissioner shall periodically monitor prescriber
compliance with the prescriber's corrective action plan.
new text end