EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1127*
HOUSE BILL 1127
J1, J3 2lr2618
CF 2lr3210
By: Delegate Pendergrass
Introduced and read first time: February 11, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – State Designated Exchange – Health Data Utility 2
FOR the purpose of requiring the State designated exchange to operate as a health data 3
utility for the State for certain purposes; requiring the Maryland Department of 4
Health, dispensers, and certain nursing homes and electronic health networks to 5
provide certain data to the State designated exchange; requiring dispensers to 6
submit certain prescription information to the State designated exchange; and 7
generally relating to the State designated exchange operating as a health data 8
utility. 9
BY adding to 10
Article – Health – General 11
Section 19–145 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2021 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Health – General 17
19–145. 18
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(2) “DISPENSER” MEANS A PERSON AUTHO RIZED BY LAW TO 21
DISPENSE, AS DEFINED IN § 12–101 OF THE HEALTH OCCUPATIONS ARTICLE, A 22
PRESCRIPTION DRUG TO A PATIENT OR THE PAT IENT’S AGENT IN THE STATE. 23
2 HOUSE BILL 1127
(3) “STATE DESIGNATED EXCH ANGE” HAS THE MEANING STAT ED IN § 1
4–302.3 OF THIS ARTICLE. 2
(B) THE STATE DESIGNATED EXCHANGE SHALL OPERATE AS A H EALTH 3
DATA UTILITY FOR THE STATE. 4
(C) THE PURPOSES OF THE HEALTH DATA UTILITY INCLUDE THE: 5
(1) THE COLLECTION, AGGREGATION , AND ANALYSIS OF CLIN ICAL 6
INFORMATION , PUBLIC HEALTH DATA , AND HEALTH ADMINISTR ATIVE AND 7
OPERATIONS DATA TO ASSIST HEALTH CARE AND PUBL IC HEALTH LEADERS IN THE 8
EVALUATION OF PUBLIC HEALTH INTERV ENTIONS AND HEALTH E QUITY; 9
(2) THE COMMUNICATION OF DATA FROM PUBLIC HEALTH O FFICIALS 10
AND HEALTH CARE PROVIDERS TO AD VANCE DISEASE CONTRO L AND HEALTH 11
EQUITY; AND 12
(3) THE E NHANCEMENT AND ACCEL ERATION OF THE 13
INTEROPERABILITY OF HEALTH INFORMATION T HROUGHOUT THE STATE. 14
(D) THE FOLLOWING ENTITIES SHALL PROVI DE DATA TO THE STATE 15
DESIGNATED EXCHANGE : 16
(1) THE DEPARTMENT ; 17
(2) NURSING HOMES REQUIRED TO PROVIDE DATA UNDER § 4–302.3 18
OF THIS ARTICLE; 19
(3) ELECTRONIC HEALTH NET WORKS REQUIRED TO PROVIDE DATA 20
UNDER § 4–302.3 OF THIS ARTICLE; AND 21
(4) DISPENSERS. 22
(E) (1) THE PURPOSE OF THIS SUBSECTION IS TO: 23
(I) AUTHORIZE INDIVIDUALS AND ORGA NIZATIONS INVOLVED 24
IN THE TREATMENT AND CARE COORDINATION OF PATIENTS TO ACCESS , AS 25
LEGALLY AUTHORIZED , A PATIENT ’S MEDICATION HISTORY , INCLUDING 26
MEDICATIONS PRESCRIB ED FOR THE PATIENT ; AND 27
(II) ASSIST HEALTH CARE PR OVIDERS, CARE MANAGERS , AND 28
PUBLIC HEALTH OFFICI ALS TO UNDERSTAND AN D PROMOTE MATTERS OF HEALTH 29
EQUITY AND TREATMENT EFFICACY. 30 HOUSE BILL 1127 3
(2) AFTER DISPENSING A PR ESCRIPTION DRUG , A DISPENSER SHALL 1
SUBMIT PRESCRIPTION INFORMATION TO THE STATE DESIGNATED EXCH ANGE. 2
(3) THE PRESCRIPTION INFO RMATION SHALL BE SUB MITTED: 3
(I) BY ELECTRONIC MEANS ; 4
(II) WITHOUT UNDULY INCREA SING THE WORKLOAD A ND 5
EXPENSE ON A DISPENS ER; 6
(III) IN A MANNER AS COMPAT IBLE AS POSSIBLE WIT H EXISTING 7
DATA SUBMISSION PRAC TICES, INCLUDING TECHNOLOGY SOFTWARE OF 8
DISPENSERS; AND 9
(IV) AS OTHERWISE REQUIRED BY REGULATIONS ADOPTED BY 10
THE COMMISSION. 11
(4) THE STATE DESIGNATED EXCH ANGE MAY NOT IMPOSE ANY FEES 12
OR OTHER ASSESSMENTS ON DISPENSERS TO SUPPORT THE OPERA TION OF THE 13
EXCHANGE. 14
(5) THE STATE DESIGNATED EXCH ANGE SHALL MAKE PRES CRIPTION 15
INFORMATION SUBMITTE D UNDER THIS SUB SECTION AVAILABLE FOR PURPOSES OF 16
TREATMENT AND CARE C OORDINATION OF A PAT IENT. 17
(F) THE STATE DESIGNATED EXCH ANGE SHALL PROVIDE DATA, AS 18
ALLOWED BY LAW , TO INDIVIDUALS AND O RGANIZATIONS INVOLVE D IN THE 19
TREATMENT AND CARE C OORDINATION OF PATIE NTS AND TO PUBLIC HEALTH 20
OFFICIALS TO SUPPORT PU BLIC HEALTH GOALS , THAT MAY INCLUDE: 21
(1) UNDERSTANDING AND PRO MOTING THE EQUITABLE 22
AVAILABILITY TO PATI ENTS OF PRESCRIPTION MEDICATIONS , INCLUDING FOR THE 23
TREATMENT OF INFECTI OUS DISEASE; 24
(2) ASSISTING HEALTH CARE PROVIDERS, CARE MANAGERS , AND 25
PUBLIC HEALTH OFFICI ALS IN IDENTIFYING O PPORTUNITIES TO USE TREATMENTS 26
MORE EFFECTIVELY , INCLUDING FOR STEWAR DSHIP OF ANTIBIOTIC MEDICATIONS ; 27
AND 28
(3) ANY ADDITIONAL PATIEN T INTERVENTIONS AND ACTIVITIES, 29
INCLUDING CASE INVESTIGATION . 30
4 HOUSE BILL 1127
(G) (1) THE COMMISSION, IN CONSULTATION WITH APPROPRIATE 1
STAKEHOLDERS , SHALL ADOPT REGULATI ONS TO CARRY OUT THIS SECTION. 2
(2) THE REGULATIONS SHALL INCLUDE: 3
(I) THE SPECIFIC DATA REQ UIRED TO BE PROVIDED UNDER 4
SUBSECTION (D) OF THIS SECTION; 5
(II) THE SPECIFIC PRESCRIP TION INFORMATION REQ UIRED TO 6
BE SUBMITTED UNDER SUBSECTION (E) OF THIS SECTION; 7
(III) THE TIME FRAME FOR SU BMITTING PRESCRIPTIO N 8
INFORMATION UNDER SU BSECTION (E) OF THIS SECTION; 9
(IV) THE ELECTRONIC MEANS AND MANNER BY WHICH 10
PRESCRIPTION INFORMA TION IS TO BE SUBMIT TED UNDER SUB SECTION (E) OF THIS 11
SECTION; AND 12
(V) PRESCRIPTION INFORMATION SUBMISSION 13
REQUIREMENTS THAT AL IGN WITH THE DATA SU BMISSION REQUIREMENT S ON 14
DISPENSERS OF MONITO RED PRESCRIPTION DRU GS UNDER TITLE 21, SUBTITLE 2A 15
OF THIS ARTICLE. 16
SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 1, 2024, 17
the Maryland Department of Health, the Maryland Health Care Commission, and the State 18
designated exchange shall submit a report to the General Assembly, in accordance with § 19
2–1257 of the State Government Article, that identifies ongoing revenue sources to fund 20
the activities required under § 19–145 of the Health – General Article, as enacted by Section 21
1 of this Act. 22
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take eff ect 23
October 1, 2022. 24