Louisiana 2011 2011 Regular Session

Louisiana Senate Bill SR81 Engrossed / Bill

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Regular Session, 2011
SENATE RESOLUTION NO. 81
BY SENATOR MILLS 
HEALTH CARE. Creates the Legislative Workgroup on Electronic Prescribing to study and
make recommendations concerning electronic prescribing.
A RESOLUTION1
To create the Legislative Workgroup on Electronic Prescribing to study and make2
recommendations concerning electronic prescribing.3
WHEREAS, Louisiana is working to adopt electronic medical records systems; and4
WHEREAS, a survey of physicians recently conducted by the American Medical5
Association found significant concerns among physicians about health insurer prior6
authorization requirements for both procedures and prescription medications, as well as the7
timely adjudication of such matters; and 8
WHEREAS, prior authorization programs have the potential to delay or limit access9
to needed treatments; and 10
WHEREAS, emerging electronic medical record systems may increasingly offer11
physicians the convenience of knowing whether a medication is covered by a health plan,12
and whether there are utilization management limitations associated with a medication, but13
health plans continue to require the submission of a prior authorization request via a paper14
system; and 15
WHEREAS, physicians often do not know the criteria for approval by a health plan16
of a requested treatment; and17
WHEREAS, the Health Information Technology for Economic and Clinical Health18 SR NO. 81
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(HITECH) Act, enacted as part of the American Recovery and Reinvestment Act of 20091
(ARRA), provides federal incentives for Medicare and Medicaid providers and hospitals to2
implement, adopt and upgrade health information technology, including electronic3
prescribing and electronic health record systems; and 4
WHEREAS, states are responsible for administering the incentive payments, and5
have already begun embarking on their own health IT initiatives; and 6
WHEREAS, the United States Department of Health and Human Services recently7
released guidance encouraging states to pursue the implementation of health information8
technology as a key to driving down health care costs; and9
WHEREAS, the goals of electronic prescribing and health information technology10
systems are to strengthen the physician patient relationship, improve patient care by allowing11
physicians to coordinate care across all specialties/fields, facilitate improved quality12
management of chronic disease thereby reducing health system costs, and allow physicians13
to monitor medication adherence. 14
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana15
does hereby establish and create the Legislative Workgroup on Electronic Prescribing to16
study and make recommendations to the legislature concerning electronic prescribing which17
at a minimum would accomplish the following:18
(1)  Seek to limit marketing in electronic health record systems.19
(2) Seek to encourage the provision of evidence based information at the point of20
care for the prescriber and patient.21
(3) Standardize prior authorization to maximize administrative simplification and22
efficiency and adopt a universal prior authorization form to be made available for electronic23
use.24
(4) Provide for a patient's freedom of choice with respect to the selection of a25
pharmacy.26
(5) Provide for user authentication, audit, and physical security.27
BE IT FURTHER RESOLVED that the Legislative Workgroup on Electronic28
Prescribing is hereby established and shall be composed of the following members29
(1) One  representative appointed by the Louisiana State Board of Pharmacy who30 SR NO. 81
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will serve as co-chair.1
(2) One representative of the Louisiana State Board of Medical Examiners who will2
serve as co-chair.3
(3)  One representative of the Department of Health and Hospitals.4
(4) One representative of the Department of Insurance.5
(5) One representative appointed by the Louisiana State Medical Society.6
(6) One representative appointed by the Louisiana Academy of Family Physicians.7
(7) One representative appointed by the Louisiana Independent Pharmacies8
Association.9
(8) One representative appointed by the Pharmaceutical Researchers and10
Manufacturers of America.11
(9)  One representative appointed by the Louisiana Association of Health Plans.12
(10)  One representative appointed by the Louisiana Healthcare Quality Forum.13
(11) One representative appointed by the Louisiana Hospital Association.14
(12) One representative of the Louisiana Workman's Compensation Commission.15
(13) One representative of the Louisiana Association of Self Insured Employers.16
(14) One representative of eQHealth Solutions.17
(15) One representative of the National Association of Chain Drug Stores.18
(16) One representative of the Louisiana Orthopedic Association.19
(17) One representative of the Louisiana State Board of Nursing.20
(18) One representative of the Louisiana Association of Nurse Practitioners21
(19) One representative of Medicine Louisiana, Inc.22
(20) One representative of the Louisiana Chapter of the American Academy of23
Pediatrics.24
(21) One representative of the Louisiana State Board of Optometry Examiners.25
BE IT FURTHER RESOLVED that the workgroup shall study and provide26
recommendations on the following aspects of electronic prescribing systems: 27
(1) Best practices to maintain a neutral platform for the secure electronic28
transmission of health data including, but not limited to medication history, formulary status,29
and other patient information health professionals typically access when prescribing30 SR NO. 81
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medication and other interventions. 1
 (2) Best practices to assure attempts to influence, through economic incentives or2
otherwise, the prescribing decisions of the practitioner at the point of care can be kept to a3
minimum and focused on patient safety and outcomes that maximize patient and provider4
freedom of choice. 5
(3) Best practices to assure messages in electronic prescribing systems are6
substantially supported by scientific evidence, accurate, up to date, and fact based, including7
a fair and balanced presentation of risks and benefits, and support for better clinical decision8
making, such as alerts to adverse events and access to formulary information. 9
(4) Best practices to establish a process to provide electronic prior authorization10
request and approval transactions between providers and group purchasers. 11
BE IT FURTHER RESOLVED that the Louisiana Board of Pharmacy and the12
Louisiana State Board of Medical Examiners shall coordinate, facilitate and support the13
functions and duties of the Legislative Workgroup on Electronic Prescribing.14
BE IT FURTHER RESOLVED that the Legislative Workgroup on Electronic15
Prescribing shall submit a report to Senate Committee on Health and Welfare, the Louisiana16
Board of Pharmacy, and the Louisiana State Board of Medical Examiners on or before17
January 1, 2012.18
BE IT FURTHER RESOLVED that the Louisiana Board of Pharmacy and the19
Louisiana State Board of Medical Examiners shall coordinate, facilitate, and support the20
functions and duties of the study group.21
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the22
Louisiana Board of Pharmacy, the Louisiana State Board of Medical Examiners, the23
Louisiana Department of Health and Hospitals, the Louisiana Department of Insurance, the24
Louisiana State Medical Society, the Louisiana Academy of Family Physicians, the25
Louisiana Independent Pharmacies Association, Pharmaceutical Researchers and26
Manufacturers of America, the Louisiana Association of Health Plans, the Louisiana27
Healthcare Quality Forum, the Louisiana Hospital Association, the Louisiana Workman's28
Compensation Commission, Louisiana Association of Self Insured Employers, eQHealth29
Solutions, the National Association of Chain Drug Stores, the Louisiana Orthopedic30 SR NO. 81
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Association, Louisiana State Board of Nursing, the Louisiana Association of Nurse1
Practitioners, Medicine Louisiana, Inc., the Louisiana Chapter of the American Academy,2
and the Louisiana State Board of Optometry Examiners.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Mills	SR No. 81
Creates the Legislative Workgroup on Electronic Prescribing to study and make
recommendations to the legislature concerning electronic prescribing.
Requires report on or before January 1, 2012.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill.
1. Adds members to the Legislative Workgroup on Electronic Prescribing.
2. Provides that the LSBME shall coordinate, facilitate, and support the
functions of the work group.
3. Technical amendments.