EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1127*
HOUSE BILL 1127
J1, J3 2lr2618
CF SB 984
By: Delegate Pendergrass
Introduced and read first time: February 11, 2022
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 12, 2022
CHAPTER ______
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 5
dispensers to provide certain data to the State designated exchange; requiring 6
dispensers to submit certain prescription information to the State designated 7
exchange; requiring the State designated exchange to establish a certain consumer 8
advisory council; and generally relating to the State designated exchange operating 9
as a health data utility. 10
BY adding to 11
Article – Health – General 12
Section 19–145 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Health – General 18
19–145. 19
2 HOUSE BILL 1127
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “DISPENSER” MEANS A PERSON AUTHO RIZED BY LAW TO 3
DISPENSE, AS DEFINED IN § 12–101 OF THE HEALTH OCCUPATIONS ARTICLE, A 4
PRESCRIPTION DRUG TO A PATIENT OR THE PAT IENT’S AGENT IN THE STATE. 5
(3) “NONCONTROLLED PRESCRI PTION DRUG ” MEANS A 6
PRESCRIPTION DRUG , AS DEFINED IN § 21–201 OF THIS TITLE, THAT IS NOT A 7
CONTROLLED DANGEROUS SUBSTANCE DESIGNATED UNDER TITLE 5, SUBTITLE 4 8
OF THE CRIMINAL LAW ARTICLE. 9
(3) (4) “STATE DESIGNATED EXCH ANGE” HAS THE MEANING 10
STATED IN § 4–302.3 OF THIS ARTICLE. 11
(B) THE STATE DESIGNATED EXCH ANGE SHALL OPERATE A S A HEALTH 12
DATA UTILITY FOR THE STATE. 13
(C) THE PURPOSES OF THE H EALTH DATA UTILITY I NCLUDE THE: 14
(1) THE COLLECTION , AGGREGATION , AND ANALYSIS OF CLIN ICAL 15
INFORMATION , PUBLIC HEALTH DATA , AND HEALTH ADMINISTR ATIVE AND 16
OPERATIONS DATA TO A SSIST HEALTH CARE AND PUBL IC HEALTH LE ADERS THE 17
DEPARTMENT , LOCAL HEALTH DEPARTM ENTS, THE COMMISSION, AND THE 18
HEALTH SERVICES COST REVIEW COMMISSION IN THE EVALUATION OF PUBLIC 19
HEALTH INTERVENTIONS AND HEALTH EQUITY ; 20
(2) THE COMMUNICATION OF DATA FROM BETWEEN PUBLIC HEALTH 21
OFFICIALS AND HEA LTH CARE PROVIDERS T O ADVANCE DISEASE CO NTROL AND 22
HEALTH EQUITY ; AND 23
(3) THE ENHANCEMENT AND A CCELERATION OF THE 24
INTEROPERABILITY OF HEALTH INFORMATION T HROUGHOUT THE STATE. 25
(D) THE FOLLOWING ENTITIE S DISPENSERS SHALL PROVIDE DATA T O THE 26
STATE DESIGN ATED EXCHANGE : 27
(1) THE DEPARTMENT ; 28
(2) NURSING HOMES REQUIRE D TO PROVIDE DATA UN DER § 4–302.3 29
OF THIS ARTICLE; 30
HOUSE BILL 1127 3
(3) ELECTRONIC HEALTH NET WORKS REQUIRED TO PR OVIDE DATA 1
UNDER § 4–302.3 OF THIS ARTICLE; AND 2
(4) DISPENSERS. 3
(E) (1) THE PURPOSE OF THIS SUBSECTION I S TO: 4
(I) AUTHORIZE INDIVIDUALS AND ORGANIZATIONS IN VOLVED 5
IN THE TREATMENT AND CARE COORDINATION OF PATIENTS TO ACCESS , AS 6
LEGALLY AUTHORIZED , A PATIENT ’S MEDICATION HISTORY , INCLUDING 7
MEDICATIONS PRESCRIB ED FOR THE PATIENT ; AND 8
(II) ASSIST HEALTH CARE PR OVIDERS, CARE MANAGERS , THE 9
DEPARTMENT , AND PUBLIC HEALTH OFFICI ALS LOCAL HEALTH DEPARTM ENTS TO 10
UNDERSTAND AND PROMO TE MATTERS OF HEALTH EQUITY AND TREATMENT 11
EFFICACY. 12
(2) AFTER DISPENSING A NONCONTROLLED PRESCRIPTION DRUG , A 13
DISPENSER SHALL SUBM IT PRESCRIPTION INFO RMATION TO THE STATE 14
DESIGNATED EXCHANGE . 15
(3) THE PRESCRIPTION INFO RMATION SHALL BE SUB MITTED: 16
(I) BY ELECTRONIC MEANS ; 17
(II) WITHOUT UNDULY INCREA SING THE WORKLOAD AN D 18
EXPENSE ON A DISPENS ER; 19
(III) IN A MANNER THAT MINIMIZES BURDE N AND DUPLICATION 20
BY BEING AS COMPATIBLE AS POS SIBLE WITH EXISTING FEDERAL STANDARDS FO R 21
DATA SUBMISSION PRAC TICES, INCLUDING TECHNOLOGY SOFTWARE OF 22
DISPENSERS; AND 23
(IV) AS OTHERWISE REQUIRED BY REGULATIONS ADOPT ED BY 24
THE COMMISSION. 25
(4) THE STATE DESIGNATED EXCH ANGE MAY NOT IMPOSE ANY FEES 26
OR OTHER ASSESSMENTS ON DISPENSERS TO SUP PORT THE OPERATION O F THE 27
EXCHANGE. 28
(5) THE STATE DESIGNATED EXCH ANGE SHALL MAKE PRES CRIPTION 29
INFORMATION SUBMITTE D UNDER THIS SUBSECT ION AVAILABLE FOR PURPOS ES OF 30
TREATMENT AND CARE C OORDINATION OF A PAT IENT. 31 4 HOUSE BILL 1127
(F) THE STATE DESIGNATED EXCH ANGE SHALL MAY PROVIDE DATA , AS 1
ALLOWED BY LAW , TO INDIVIDUALS AND O RGANIZATIONS INVOLVE D IN THE 2
TREATMENT AND CARE C OORDINATION OF PATIE NTS AND TO PUB LIC HEALTH 3
OFFICIALS TO SUPPORT PUBLIC HEALTH GOALS , FOR PUBLIC HEALTH PU RPOSES 4
THAT MAY INCLUDE : 5
(1) UNDERSTANDING AND PRO MOTING THE EQUITABLE 6
AVAILABILITY TO PATI ENTS OF IMPROVING HEALTH EQUI TY THROUGH ACCESS TO 7
PRESCRIPTION MEDICAT IONS, INCLUDING FOR THE TREATMENT OF INF ECTIOUS 8
DISEASE; 9
(2) ASSISTING PROGRAMS LED BY HEALTH CARE PROVIDER S, CARE 10
MANAGERS, AND PUBLIC HEALTH OFFICI ALS IN IDENTIFYING THE DEPARTMENT , 11
LOCAL HEALTH DEPARTM ENTS, THE COMMISSION, AND THE HEALTH SERVICES 12
COST REVIEW COMMISSION TO IDENTIFY OPPORTUNITIES TO USE TREATMENTS 13
MORE EFFECTIVELY , FOR QUALITY IMPROVEM ENT, INCLUDING FOR STEWAR DSHIP 14
OF ANTIBIOTIC MEDICA TIONS; AND 15
(3) ANY ADDITIONAL PATIEN T INTERVENTIONS AND ACTIVITIES, 16
INCLUDING CASE INVES TIGATION CONDUCTING CASE INVESTIGATIONS AND 17
RELATED ACTIVITIES . 18
(G) INFORMATION SUBMITTED TO THE STATE INFORMATION EXC HANGE OR 19
PROVIDED BY THE STATE INFORMATION EXC HANGE UNDER THIS SEC TION SHALL BE 20
SUBMITTED OR PROVIDE D, TO THE EXTENT PRACTI CABLE, IN AS NEAR TO REAL T IME 21
AS POSSIBLE. 22
(G) (H) (1) THE COMMISSION, IN CONSULTATION WITH APPROPRIATE 23
STAKEHOLDERS , SHALL ADOPT REGULATI ONS TO CARRY OUT THI S SECTION. 24
(2) THE REGULATIONS SHALL TAKE INTO ACCOUNT CO NSUMER 25
PERSPECTIVE AND INCLUDE: 26
(I) THE SPECIFIC DATA REQ UIRED TO BE PROVIDED UNDER 27
SUBSECTION (D) OF THIS SECTION; 28
(II) THE SPECIFIC PRESCRIP TION INFORMATION REQ UIRED TO 29
BE SUBMITTED UNDER S UBSECTION (E) OF THIS SECTION; 30
(III) THE TIME FRAME FOR SU BMITTING PRESCRIPTIO N 31
INFORMATION UNDER SU BSECTION (E) OF THIS SECTION; 32
HOUSE BILL 1127 5
(IV) THE ELECTRONIC MEANS AND MANNER BY WHICH 1
PRESCRIPTION INFORMA TION IS TO BE SUBMIT TED UNDER SUBSECTION (E) OF THIS 2
SECTION; AND 3
(V) PRESCRIPTION INFORMAT ION SUBMISSION 4
REQUIREMENTS THAT AL IGN WITH THE DATA SU BMISSION REQUIREMENT S ON 5
DISPENSERS OF MONITORED PRESCRIPTION DRUGS U NDER TITLE 21, SUBTITLE 2A 6
OF THIS ARTICLE; AND 7
(VI) IDENTIFICATION AND NE CESSARY SUPPRESSION OF 8
INFORMATION RELATED TO PROVIDERS OR MEDI CATIONS THAT ARE DET ERMINED 9
TO HAVE SIGNIFICANT POTENTIAL TO CAUSE H ARM. 10
(I) (1) THE STATE DESIGNATED EXCH ANGE SHALL ESTABLISH A 11
CONSUMER ADVISORY CO UNCIL TO BRING THE P ERSPECTIVES OF INDIV IDUALS AND 12
ORGANIZATIONS WITH A N INTEREST IN PROTEC TING CONSUMERS INTO THE 13
DELIVERY OF SERVICES PROVIDED BY THE STATE DESIGNATED EXCH ANGE. 14
(2) IN SELECTING MEMBERS , THE STATE DESIGNATED EXCH ANGE 15
SHALL CONSIDER DIVER SITY OF EXPERIENCE . 16
(3) THE CONSUMER ADVISORY COUNCIL ESTABLISHED UNDER 17
PARAGRAPH (1) OF THIS SUBSECTION S HALL: 18
(I) CONSIST OF A MINIMUM OF SIX MEMBERS , INCLUDING AT 19
LEAST FOUR CONSUMER REPRES ENTATIVES AND TWO ST AFF REPRESENTATIVES , 20
AND MAINTAIN A RATIO OF CONSUMER REPRESEN TATIVES TO NONCONSUM ER 21
REPRESENTATIVES OF A T LEAST TWO TO ONE ; 22
(II) IDENTIFY AND REPORT C ONSUMER PRIVACY CONC ERNS TO 23
SENIOR LEADERSHIP OF THE STATE DESIGNATED EXCHANGE ; 24
(III) ADVISE ON EFFORTS TO EDUCATE CONSUMERS ON DATA 25
EXCHANGE POLICIES , INCLUDING OPTIONS FO R CONSUMERS TO OPT O UT OF 26
DISCLOSURE OF PROTEC TED HEALTH INFORMATI ON; 27
(IV) MEET AT LEAST 3 TIMES EACH YEAR ; AND 28
(V) ADOPT AND MAINT AIN A CHARTER TO BE POSTED ONLINE 29
THAT INCLUDES THE PU RPOSE, MEMBERS, AND MEETING SCHEDULE OF THE 30
CONSUMER ADVISORY CO UNCIL. 31
SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 1, 2024, 32
the Maryland Department of Health, the Maryland Health Care Commission, and the State 33 6 HOUSE BILL 1127
designated exchange shall submit a report to the General Assembly, in accordance with § 1
2–1257 of the State Government Article, that identifies ongoing revenue sources to fund 2
the activities required under § 19–145 of the Health – General Article, as enacted by Section 3
1 of this Act. 4
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2022. 6
Approved:
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Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.