Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

SF 1890

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:24am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8
1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15
6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 8.36 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31
9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 10.36 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10
11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2

A bill for an act
relating to health; changing provisions for health information technology
and infrastructure; establishing an e-health advisory committee; changing
electronic health records provisions; changing electronic health record system
and revolving account and loan program; modifying electronic prescribing
provisions; amending Minnesota Statutes 2008, sections 62J.495; 62J.496;
62J.497, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2008, section 62J.495, is amended to read:


62J.495 HEALTH INFORMATION TECHNOLOGY AND
INFRASTRUCTURE.

Subdivision 1.

Implementation.

By January 1, 2015, all hospitals and health care
providers must have in place an interoperable electronic health records system within their
hospital system or clinical practice setting. The commissioner of health, in consultation
with the new text begine-new text endHealth deleted text beginInformation Technology and Infrastructuredeleted text end Advisory Committee,
shall develop a statewide plan to meet this goal, including uniform standards to be used
for the interoperable system for sharing and synchronizing patient data across systems.
The standards must be compatible with federal efforts. The uniform standards must be
developed by January 1, 2009, deleted text beginwith a status report on the development of these standards
submitted to the legislature by January 15, 2008
deleted text endnew text begin and updated on an ongoing basis. The
commissioner shall include an update on standards development as part of an annual
report to the legislature
new text end.

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) "Certified electronic health record technology" means an
electronic health record that is certified pursuant to section 3001(c)(5) of the HITECH
Act to meet the standards and implementation specifications adopted under section 3004
as applicable.
new text end

new text begin (b) "Commissioner" means the commissioner of health.
new text end

new text begin (c) "Electronic data intermediary" means any entity that provides the infrastructure to
connect computer systems or other electronic devices utilized by prescribing practitioners
with those used by pharmacies, health plans, third-party administrators, and pharmacy
benefit manager in order to facilitate the secure transmission of electronic prescriptions,
refill authorization requests, communications, and other prescription-related information
between such entities.
new text end

new text begin (d) "HITECH Act" means the Health Information Technology for Economic and
Clinical Health Act in division A, title XIII and division B, title IV of the American
Recovery and Reinvestment Act of 2009, including federal regulations adopted under
that act.
new text end

new text begin (e) "Interoperable electronic health record" means an electronic health record that
securely exchanges health information with another electronic health record system that
meets national requirements for certification under the HITECH Act.
new text end

new text begin (f) "Qualified electronic health record" means an electronic record of health-related
information on an individual that includes patient demographic and clinical health
information and has the capacity to:
new text end

new text begin (1) provide clinical decision support;
new text end

new text begin (2) support physician order entry;
new text end

new text begin (3) capture and query information relevant to health care quality; and
new text end

new text begin (4) exchange electronic health information with, and integrate such information
from, other sources.
new text end

Subd. 2.

new text begine-new text endHealth deleted text beginInformation Technology and Infrastructuredeleted text end Advisory
Committee.

(a) The commissioner shall establish deleted text beginadeleted text end new text beginan e-new text endHealth deleted text beginInformation Technology
and Infrastructure
deleted text end Advisory Committee governed by section 15.059 to advise the
commissioner on the following matters:

(1) assessment of thenew text begin adoption and effectivenew text end use of health information technology by
the state, licensed health care providers and facilities, and local public health agencies;

(2) recommendations for implementing a statewide interoperable health information
infrastructure, to include estimates of necessary resources, and for determining standards
for deleted text beginadministrativedeleted text endnew text begin clinicalnew text end data exchange, clinical support programs, patient privacy
requirements, and maintenance of the security and confidentiality of individual patient
data;

(3) recommendations for encouraging use of innovative health care applications
using information technology and systems to improve patient care and reduce the cost
of care, including applications relating to disease management and personal health
management that enable remote monitoring of patients' conditions, especially those with
chronic conditions; and

(4) other related issues as requested by the commissioner.

(b) The members of the new text begine-new text endHealth deleted text beginInformation Technology and Infrastructuredeleted text end
Advisory Committee shall include the commissioners, or commissioners' designees, of
health, human services, administration, and commerce and additional members to be
appointed by the commissioner to include persons representing Minnesota's local public
health agencies, licensed hospitals and other licensed facilities and providers, private
purchasers, the medical and nursing professions, health insurers and health plans, the
state quality improvement organization, academic and research institutions, consumer
advisory organizations with an interest and expertise in health information technology, and
other stakeholders as identified by the deleted text beginHealth Information Technology and Infrastructure
Advisory Committee
deleted text endnew text begin commissioner to fulfill the requirements of section 3013, paragraph
(g) of the HITECH Act
new text end.

(c) The commissioner shall prepare and issue an annual report not later than January
30 of each year outlining progress to date in implementing a statewide health information
infrastructure and recommending deleted text beginfuture projectsdeleted text endnew text begin action on policy and necessary resources
to continue the promotion of adoption and effective use of health information technology
new text end.

(d) Notwithstanding section 15.059, this subdivision expires June 30, 2015.

Subd. 3.

Interoperable electronic health record requirements.

deleted text begin(a)deleted text end To meet the
requirements of subdivision 1, hospitals and health care providers must meet the following
criteria when implementing an interoperable electronic health records system within their
hospital system or clinical practice setting.

new text begin (a) The electronic health record must be a qualified electronic health record.
new text end

(b) The electronic health record must be certified by the deleted text beginCertification Commission
for Healthcare Information Technology, or its successor
deleted text endnew text begin Office of the National Coordinator
pursuant to the HITECH Act
new text end. This criterion only applies to hospitals and health care
providers deleted text beginwhose practice setting is a practice setting covered by the Certification
Commission for Healthcare Information Technology certifications
deleted text endnew text begin only if a certified
electronic health record product for the provider's particular practice setting is available
new text end.
This criterion shall be considered met if a hospital or health care provider is using an
electronic health records system that has been certified within the last three years, even if a
more current version of the system has been certified within the three-year period.

new text begin (c) The electronic health record must meet the standards established according to
section 3004 of the HITECH Act as applicable.
new text end

new text begin (d) The electronic health record must have the ability to generate information on
clinical quality measures and other measures reported under sections 4101, 4102, and
4201 of the HITECH Act.
new text end

deleted text begin (c)deleted text endnew text begin (e)new text end A health care provider who is a prescriber or dispenser of deleted text begincontrolled
substances
deleted text endnew text begin legend drugsnew text end must have an electronic health record system that meets the
requirements of section 62J.497.

new text begin Subd. 4. new text end

new text begin Coordination with national HIT activities. new text end

new text begin (a) The commissioner,
in consultation with the e-Health Advisory Committee, shall update the statewide
implementation plan required under subdivision 2 and released June 2008, to be consistent
with the updated Federal HIT Strategic Plan released by the Office of the National
Coordinator in accordance with section 3001 of the HITECH Act. The statewide plan
shall meet the requirements for a plan required under section 3013 of the HITECH Act.
new text end

new text begin (b) The commissioner, in consultation with the e-Health Advisory Committee, shall
work to ensure coordination between state, regional, and national efforts to support and
accelerate efforts to effectively use health information technology to improve the quality
and coordination of health care, continuity of patient care among health care providers,
to reduce medical errors, to improve population health, to reduce health disparities, and
to reduce chronic disease. The commissioner's coordination efforts shall include but not
be limited to:
new text end

new text begin (1) assisting in the development and support of health information technology
regional extension centers established under section 3012(c) of the HITECH Act to
provide technical assistance and disseminate best practices; and
new text end

new text begin (2) providing supplemental information to the best practices gathered by regional
centers to ensure that the information is relayed in a meaningful way to the Minnesota
health care community.
new text end

new text begin (c) The commissioner, in consultation with the e-Health Advisory Committee, shall
monitor national activity related to health information technology and shall coordinate
statewide input on policy development. The commissioner shall coordinate statewide
responses to proposed federal regulations in order to ensure that the needs of the
Minnesota health care community are adequately and efficiently addressed in the proposed
regulations. The commissioner's responses may include, but are not limited to:
new text end

new text begin (1) reviewing and evaluating any standard, implementation specification, or
certification criteria proposed by the national HIT standards committee;
new text end

new text begin (2) reviewing and evaluating policy proposed by the national HIT policy
committee relating to the implementation of a nationwide health information technology
infrastructure;
new text end

new text begin (3) monitoring and responding to activity related to the development of quality
measures and other measures as required by section 4101 of the HITECH Act. Any
response related to quality measures shall consider and address the quality efforts required
under chapter 62U; and
new text end

new text begin (4) monitoring and responding to national activity related to privacy, security, and
data stewardship of electronic health information and individually identifiable health
information.
new text end

new text begin (d) To the extent that the state is either required or allowed to apply, or designate an
entity to apply for or carry out activities and programs under section 3013 of the HITECH
Act, the commissioner of health, in consultation with the e-Health Advisory Committee
and the commissioner of human services, shall be the lead applicant or sole designating
authority. The commissioner shall make such designations consistent with the goals and
objectives of sections 62J.495 through 62J.497, and sections 62J.50 through 62J.61.
new text end

new text begin (e) The commissioner of human services shall apply for funding necessary to
administer the incentive payments to providers authorized under title IV of the American
Recovery and Reinvestment Act.
new text end

new text begin (f) The commissioner shall include in the report to the legislature information on the
activities of this subdivision and provide recommendations on any relevant policy changes
that should be considered in Minnesota.
new text end

new text begin Subd. 5. new text end

new text begin Collection of data for assessment and eligibility determination. new text end

new text begin (a) The
commissioner of health, in consultation with the commissioner of human services, may
require providers, dispensers, group purchasers, and electronic data intermediaries to
submit data in a form and manner specified by the commissioner to assess the status of
adoption, effective use, and interoperability of electronic health records for the purpose of:
new text end

new text begin (1) demonstrating Minnesota's progress on goals established by the Office of the
National Coordinator to accelerate the adoption and effective use of health information
technology established under the HITECH Act;
new text end

new text begin (2) assisting the Center for Medicare and Medicaid Services and Department of
Human Services in determining eligibility of health care professionals and hospitals
to receive federal incentives for the adoption and effective use of health information
technology under the HITECH Act or other federal incentive programs;
new text end

new text begin (3) assisting the Office of the National Coordinator in completing required
assessments of the impact of the implementation and effective use of health information
technology in achieving goals identified in the national strategic plan, and completing
studies required by the HITECH Act;
new text end

new text begin (4) data necessary to assist the Office of the National Coordinator in conducting
evaluations of regional extension centers as required by the HITECH Act; and
new text end

new text begin (5) other purposes as necessary to support the implementation of the HITECH Act.
new text end

new text begin (b) The commissioner shall coordinate with the commissioner of human services
and other state agencies in the collection of data required under this section to:
new text end

new text begin (1) avoid duplicative reporting requirements;
new text end

new text begin (2) maximize efficiencies in the development of reports on state activities as
required by HITECH; and
new text end

new text begin (3) determine health professional and hospital eligibility for incentives available
under the HITECH Act.
new text end

new text begin (c) The commissioner must not collect data or publish analyses that identify, or could
potentially identify, individual patients. The commissioner must not collect individual
patient data in identified or de-identified form.
new text end

Sec. 2.

Minnesota Statutes 2008, section 62J.496, is amended to read:


62J.496 ELECTRONIC HEALTH RECORD SYSTEM REVOLVING
ACCOUNT AND LOAN PROGRAM.

Subdivision 1.

Account establishment.

new text begin(a) new text endAn account is established tonew text begin:new text end deleted text beginprovide
loans to eligible borrowers to assist in financing the installation or support of an
interoperable health record system. The system must provide for the interoperable
exchange of health care information between the applicant and, at a minimum, a hospital
system, pharmacy, and a health care clinic or other physician group.
deleted text end

new text begin (1) finance the purchase of certified electronic health records or qualified electronic
health records as defined in section 62J.495, subdivision 1;
new text end

new text begin (2) enhance the utilization of electronic health record technology, which may include
costs associated with upgrading the technology to meet the criteria necessary to be a
certified electronic health record or a qualified electronic health record;
new text end

new text begin (3) train personnel in the use of electronic health record technology; and
new text end

new text begin (4) improve the secure electronic exchange of health information.
new text end

new text begin (b) Amounts deposited in the account, including any grant funds obtained through
federal or other sources, loan repayments, and interest earned on such amounts shall be
used only for awarding loans or loan guarantees, as a source of reserve and security for
leveraged loans, or for the administration of the account.
new text end

new text begin (c) The commissioner may accept contributions to the account from private sector
entities subject to the following provisions:
new text end

new text begin (1) the contributing entity may not specify the recipient or recipients of any loan
issued under this subdivision;
new text end

new text begin (2) the commissioner shall make public the identity of any private contributor to the
loan fund, as well as the amount of the contribution provided;
new text end

new text begin (3) the commissioner may issue letters of commendation or make other awards that
have no financial value to any such entity; and
new text end

new text begin (4) a contributing entity may not specify that the recipient or recipients of any loan
use specific products or services, nor may the contributing entity imply that a contribution
is an endorsement of any specific product or service.
new text end

new text begin (d) The commissioner may use the loan funds to reimburse private sector entities
for any contribution made to the loan fund. Reimbursement to private entities may not
exceed the principle amount contributed to the loan fund.
new text end

new text begin (e) The commissioner may use funds deposited in the account to guarantee, or
purchase insurance for, a local obligation if the guarantee or purchase would improve
credit market access or reduce the interest rate applicable to the obligation involved.
new text end

new text begin (f) The commissioner may use funds deposited in the account as a source of revenue
or security for the payment of principal and interest on revenue or general obligation
bonds issued by the state if the proceeds of the sale of the bonds will be deposited into
the loan fund.
new text end

Subd. 2.

Eligibility.

(a) "Eligible borrower" means one of the following:

new text begin (1) federally qualified health centers;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end community clinics, as defined under section 145.9268;

deleted text begin (2)deleted text endnew text begin (3) nonprofitnew text end hospitals deleted text begineligible for rural hospital capital improvement grants, as
defined in section 144.148
deleted text endnew text begin licensed under sections 144.50 to 144.56new text end;

deleted text begin (3) physician clinics located in a community with a population of less than 50,000
according to United States Census Bureau statistics and outside the seven-county
metropolitan area;
deleted text end

new text begin (4) individual or small group physician practices that are focused primarily on
primary care;
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end nursing facilities licensed under sections 144A.01 to 144A.27; deleted text beginand
deleted text end

new text begin (6) local public health departments as defined in chapter 145A; and
new text end

deleted text begin (5)deleted text endnew text begin (7)new text end other providers of health or health care services approved by the
commissioner for which interoperable electronic health record capability would improve
quality of care, patient safety, or community health.

new text begin (b) The commissioner shall administer the loan fund to prioritize support and
assistance to:
new text end

new text begin (1) critical access hospitals;
new text end

new text begin (2) federally qualified health centers;
new text end

new text begin (3) entities that serve uninsured, underinsured, and medically underserved
individuals, regardless of whether such area is urban or rural; and
new text end

new text begin (4) individual or small group practices that are primarily focused on primary care.
new text end

deleted text begin (b) To be eligible for a loan under this section, thedeleted text endnew text begin (c) An eligiblenew text end applicant must
submit a loan application to the commissioner of health on forms prescribed by the
commissioner. The application must include, at a minimum:

(1) the amount of the loan requested and a description of the purpose or project
for which the loan proceeds will be used;

(2) a quote from a vendor;

(3) a description of the health care entities and other groups participating in the
project;

(4) evidence of financial stability and a demonstrated ability to repay the loan; and

(5) a description of how the system to be financed deleted text begininterconnectsdeleted text endnew text begin interoperatesnew text end or
plans in the future to deleted text begininterconnectdeleted text endnew text begin interoperatenew text end with other health care entities and provider
groups located in the same geographical areanew text begin;
new text end

new text begin (6) a plan on how the certified electronic health record technology will be maintained
and supported over time; and
new text end

new text begin (7) any other requirements for applications included or developed pursuant to
section 3014 of the HITECH Act
new text end.

Subd. 3.

Loans.

(a) The commissioner of health may make a no interestnew text begin, or
low-interest,
new text end loan to a provider or provider group who is eligible under subdivision 2
deleted text begin on a first-come, first-served basis provided that the applicant is able to comply with this
section
deleted text endnew text begin consistent with the priorities established in subdivision 2new text end. The total accumulative
loan principal must not exceed deleted text begin$1,500,000deleted text endnew text begin $3,000,000new text end per loan.new text begin The interest rate for each
loan, if imposed, shall not exceed the current market interest rate.
new text end The commissioner of
health has discretion over the sizenew text begin, interest rate,new text end and number of loans made.new text begin Nothing in
this section shall require the commissioner to make a loan to an eligible borrower under
subdivision 2.
new text end

(b) The commissioner of health may prescribe forms and establish an application
process and, notwithstanding section 16A.1283, may impose a reasonable nonrefundable
application fee to cover the cost of administering the loan program. Any application
fees imposed and collected under the electronic health records system revolving account
and loan program in this section are appropriated to the commissioner of health for the
duration of the loan program.new text begin The commissioner may apply for and use all federal funds
available through the HITECH Act to administer the loan program.
new text end

(c)new text begin For loans approved prior to July 1, 2009,new text end the borrower must begin repaying the
principal no later than two years from the date of the loan. Loans must be amortized no
later than six years from the date of the loan.

new text begin (d) For loans granted on January 1, 2010, or thereafter, the borrower must begin
repaying the principal no later than one year from the date of the loan. Loans must be
amortized no later than six years after the date of the loan.
new text end

deleted text begin (d) Repaymentsdeleted text endnew text begin (e) All repayments and interest paid on each loannew text end must be credited
to the account.

new text begin (f) The loan agreement shall include the assurances that borrower meets requirements
included or developed pursuant to section 3014 of the HITECH Act. The requirements
shall include, but are not limited to:
new text end

new text begin (1) submitting reports on quality measures in compliance with regulations adopted
by the federal government;
new text end

new text begin (2) demonstrating that any certified electronic health record technology purchased,
improved, or otherwise financially supported by this loan program is used to exchange
health information in a manner that, in accordance with law and standards applicable to
the exchange of information, improves the quality of health care;
new text end

new text begin (3) including a plan on how the borrower intends to maintain and support the
certified electronic health record technology over time and the resources expected to be
used to maintain and support the technology purchased with the loan; and
new text end

new text begin (4) complying with other requirements the secretary may require to use loans funds
under the HITECH Act.
new text end

Subd. 4.

Data classification.

Data collected by the commissioner of health on the
application to determine eligibility under subdivision 2 and to monitor borrowers' default
risk or collect payments owed under subdivision 3 are (1) private data on individuals as
defined in section 13.02, subdivision 12; and (2) nonpublic data as defined in section
13.02, subdivision 9. The names of borrowers and the amounts of the loans granted
are public data.

Sec. 3.

Minnesota Statutes 2008, section 62J.497, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For the purposes of this section, the following terms
have the meanings given.

new text begin (a) "Backward compatible" means that the newer version of a data transmission
standard would retain, at a minimum, the full functionality of the versions previously
adopted, and would permit the successful completion of the applicable transactions with
entities that continue to use the older versions.
new text end

deleted text begin (a)deleted text endnew text begin (b)new text end "Dispense" or "dispensing" has the meaning given in section 151.01,
subdivision
30. Dispensing does not include the direct administering of a controlled
substance to a patient by a licensed health care professional.

deleted text begin (b)deleted text endnew text begin (c)new text end "Dispenser" means a person authorized by law to dispense a controlled
substance, pursuant to a valid prescription.

deleted text begin (c)deleted text endnew text begin (d)new text end "Electronic media" has the meaning given under Code of Federal Regulations,
title 45, part 160.103.

deleted text begin (d)deleted text endnew text begin (e)new text end "E-prescribing" means the transmission using electronic media of prescription
or prescription-related information between a prescriber, dispenser, pharmacy benefit
manager, or group purchaser, either directly or through an intermediary, including
an e-prescribing network. E-prescribing includes, but is not limited to, two-way
transmissions between the point of care and the dispensernew text begin and two-way transmissions
related to eligibility, formulary, and medication history information
new text end.

deleted text begin (e)deleted text endnew text begin (f)new text end "Electronic prescription drug program" means a program that provides for
e-prescribing.

deleted text begin (f)deleted text endnew text begin (g)new text end "Group purchaser" has the meaning given in section 62J.03, subdivision 6.

deleted text begin (g)deleted text endnew text begin (h)new text end "HL7 messages" means a standard approved by the standards development
organization known as Health Level Seven.

deleted text begin (h)deleted text endnew text begin (i)new text end "National Provider Identifier" or "NPI" means the identifier described under
Code of Federal Regulations, title 45, part 162.406.

deleted text begin (i)deleted text endnew text begin (j)new text end "NCPDP" means the National Council for Prescription Drug Programs, Inc.

deleted text begin (j)deleted text endnew text begin (k)new text end "NCPDP Formulary and Benefits Standard" means the National Council for
Prescription Drug Programs Formulary and Benefits Standard, Implementation Guide,
Version 1, Release 0, October 2005.

deleted text begin (k)deleted text endnew text begin (l)new text end "NCPDP SCRIPT Standard" means the National Council for Prescription
Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard, Implementation Guide
Version 8, Release 1 (Version 8.1), October 2005new text begin, or the most recent standard adopted by
the Centers for Medicare and Medicaid Services for e-prescribing under Medicare Part
D as required by section 1860D-4(e)(4)(D) of the Social Security Act, and regulations
adopted under it. The standards shall be implemented in accordance with the Centers
for Medicare and Medicaid Services schedule for compliance. Subsequently released
versions of the NCPDP SCRIPT Standard may be used, provided that the new version
of the standard is backward compatible to the current version adopted by Centers for
Medicare and Medicaid Services
new text end.

deleted text begin (l)deleted text endnew text begin (m)new text end "Pharmacy" has the meaning given in section 151.01, subdivision 2.

deleted text begin (m)deleted text endnew text begin (n)new text end "Prescriber" means a licensed health care deleted text beginprofessional who is authorized to
prescribe a controlled substance under section 152.12, subdivision 1
deleted text endnew text begin practitioner, other
than a veterinarian, as defined in section 151.01, subdivision 23
new text end.

deleted text begin (n)deleted text endnew text begin (o)new text end "Prescription-related information" means information regarding eligibility for
drug benefits, medication history, or related health or drug information.

deleted text begin (o)deleted text endnew text begin (p)new text end "Provider" or "health care provider" has the meaning given in section 62J.03,
subdivision 8.

Sec. 4.

Minnesota Statutes 2008, 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 deleted text beginanddeleted text endnew text begin,new text end maintainnew text begin,
and use
new text end an electronic prescription drug program deleted text beginthat compliesdeleted text endnew text begin. This program must complynew text end
with the applicable standards in this section for transmitting, directly or through an
intermediary, prescriptions and prescription-related information using electronic media.

(b) deleted text beginNothing in this section requires providers, group purchasers, prescribers, or
dispensers to conduct the transactions described in this section.
deleted text end 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.

deleted text begin (d) Entities transmitting prescriptions or prescription-related information where the
prescriber is required by law to issue a prescription for a patient to a nonprescribing
provider that in turn forwards the prescription to a dispenser are exempt from the
requirement to use the NCPDP SCRIPT Standard when transmitting prescriptions or
prescription-related information.
deleted text end