LAWRENCE J. HOGAN, JR., Governor Ch. 296
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Chapter 296
(House Bill 1127)
AN ACT concerning
Public Health – State Designated Exchange – Health Data Utility
FOR the purpose of requiring the State designated exchange to operate as a health data
utility for the State for certain purposes; requiring the Maryland Department of
Health, dispensers, and certain nursing homes and electronic health networks
dispensers to provide certain data to the State designated exchange; requiring
dispensers to submit certain prescription information to the State designated
exchange; requiring the State designated exchange to establish a certain consumer
advisory council; and generally relating to the State designated exchange operating
as a health data utility.
BY adding to
Article – Health – General
Section 19–145
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
19–145.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “DISPENSER” MEANS A PERSON AUTHO RIZED BY LAW TO
DISPENSE, AS DEFINED IN § 12–101 OF THE HEALTH OCCUPATIONS ARTICLE, A
PRESCRIPTION DRUG TO A PATIENT OR THE PAT IENT’S AGENT IN THE STATE.
(3) “NONCONTROLLED PRESCRI PTION DRUG ” MEANS A
PRESCRIPTION DRUG , AS DEFINED IN § 21–201 OF THIS TITLE, THAT IS NOT A
CONTROLLED DAN GEROUS SUBSTANCE DES IGNATED UNDER TITLE 5, SUBTITLE 4
OF THE CRIMINAL LAW ARTICLE.
(3) (4) “STATE DESIGNATED EXCH ANGE” HAS THE MEANING
STATED IN § 4–302.3 OF THIS ARTICLE.
Ch. 296 2022 LAWS OF MARYLAND
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(B) THE STATE DESIGNATED EXCH ANGE SHALL OPERATE A S A HEALTH
DATA UTILITY FOR THE STATE.
(C) THE PURPOSES OF THE H EALTH DATA UTILITY I NCLUDE THE:
(1) THE COLLECTION , AGGREGATION , AND ANALYSIS OF CLIN ICAL
INFORMATION , PUBLIC HEALTH DATA , AND HEALTH ADMINISTR ATIVE AND
OPERATIONS DATA TO A SSIST HEALTH CARE AND PUBL IC HEALTH LEADER S THE
DEPARTMENT , LOCAL HEALTH DEPARTM ENTS, THE COMMISSION, AND THE
HEALTH SERVICES COST REVIEW COMMISSION IN THE EVALUATION OF PUBLIC
HEALTH INTERVENTIONS AND HEALTH EQUITY ;
(2) THE COMMUNICATION OF DATA FROM BETWEEN PUBLIC HEALTH
OFFICIALS AND HEALTH CARE PROVIDERS TO AD VANCE DISEASE CONTRO L AND
HEALTH EQUITY ; AND
(3) THE ENHANCEMENT AND A CCELERATION OF THE
INTEROPERABILITY OF HEALTH INFORMATION T HROUGHOUT THE STATE.
(D) THE FOLLOWING ENTITIE S DISPENSERS SHALL PROVIDE DATA TO THE
STATE DESIGNATED EXCH ANGE:
(1) THE DEPARTMENT ;
(2) NURSING HOMES REQUIRE D TO PROVIDE DATA UN DER § 4–302.3
OF THIS ARTICLE;
(3) ELECTRONIC HEALTH NET WORKS REQUIRED TO PR OVIDE DATA
UNDER § 4–302.3 OF THIS ARTICLE; AND
(4) DISPENSERS.
(E) (1) THE PURPOSE OF THIS S UBSECTION IS TO:
(I) AUTHORIZE INDIVIDUALS AND ORGANIZATIONS IN VOLVED
IN THE TREATMENT AND CARE COORDINATION OF PATIENTS TO ACCESS , AS
LEGALLY AUTHORIZED , A PATIENT ’S MEDICATION HISTORY , INCLUDING
MEDICATIONS PRESCRIBED FOR THE P ATIENT; AND
(II) ASSIST HEALTH CARE PR OVIDERS, CARE MANAGERS , THE
DEPARTMENT , AND PUBLIC HEALTH OFFICI ALS LOCAL HEALTH DEPARTM ENTS TO LAWRENCE J. HOGAN, JR., Governor Ch. 296
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UNDERSTAND AND PROMO TE MATTERS OF HEALTH EQUITY AND TREATMENT
EFFICACY.
(2) AFTER DISPENSING A NONCONTROLLED PRESCRIPTION DRUG , A
DISPENSER SHALL SUBM IT PRESCRIPTION INFO RMATION TO THE STATE
DESIGNATED EXCHANGE .
(3) THE PRESCRIPTION INFO RMATION SHALL BE SUB MITTED:
(I) BY ELECTRONIC MEANS ;
(II) WITHOUT UNDULY INCREA SING THE WORKLOAD AN D
EXPENSE ON A DISPENS ER;
(III) IN A MANNER THAT MINIMIZES BURDE N AND DUPLICATION
BY BEING AS COMPATIBLE AS POS SIBLE WITH EXISTING FEDERAL STANDARDS FO R
DATA SUBMISSION PRAC TICES, INCLUDING TECHNOLOGY SOFTWARE OF
DISPENSERS; AND
(IV) AS OTHERWISE REQUIRED BY REGULATIONS ADOPT ED BY
THE COMMISSION.
(4) THE STATE DESIGNATED EXCH ANGE MAY NOT IMPOSE ANY FEES
OR OTHER ASSESSMENTS ON DISPENSERS TO SUP PORT THE OPERATION O F THE
EXCHANGE.
(5) THE STATE DESIGNATED EXCH ANGE SHALL MAKE PRES CRIPTION
INFORMATION SUBMITTE D UNDER THIS SUBSECT ION AVAILABLE FOR PU RPOSES OF
TREATMENT AND CARE C OORDINATION OF A PAT IENT.
(F) THE STATE DESIGNATED EXCH ANGE SHALL MAY PROVIDE DATA , AS
ALLOWED BY LAW , TO INDIVIDUALS AND O RGANIZATIONS INVOLVE D IN THE
TREATMENT AND CARE COOR DINATION OF PATIENTS AND TO PUBLIC HEALTH
OFFICIALS TO SUPPORT PUBLIC HEALTH GOALS , FOR PUBLIC HEALTH PU RPOSES
THAT MAY INCLUDE :
(1) UNDERSTANDING AND PRO MOTING THE EQUITABLE
AVAILABILITY TO PATI ENTS OF IMPROVING HEALTH EQUI TY THROUG H ACCESS TO
PRESCRIPTION MEDICAT IONS, INCLUDING FOR THE TR EATMENT OF INFECTIOU S
DISEASE;
(2) ASSISTING PROGRAMS LED BY HEALTH CARE PROVIDER S, CARE
MANAGERS, AND PUBLIC HEALTH OFFICI ALS IN IDENTIFYING THE DEPARTMENT , Ch. 296 2022 LAWS OF MARYLAND
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LOCAL HEALTH DEPARTM ENTS, THE COMMISSION, AND THE HEALTH SERVICES
COST REVIEW COMMISSION TO IDENTIF Y OPPORTUNITIES TO USE TREATMENTS
MORE EFFECTIVELY , FOR QUALITY IMPROVEM ENT, INCLUDING FOR STEWAR DSHIP
OF ANTIBIOTIC MEDICA TIONS; AND
(3) ANY ADDITIONAL PATIEN T INTERVENTIONS AND ACTIVITIES,
INCLUDING CASE INVES TIGATION CONDUCTING CASE INVES TIGATIONS AND
RELATED ACTIVITIES .
(G) INFORMATION SUBMITTED TO THE STATE INFORMATION EXC HANGE OR
PROVIDED BY THE STATE INFORMATION EXC HANGE UNDER THIS SEC TION SHALL BE
SUBMITTED OR PROVIDE D, TO THE EXTENT PRACTICABLE , IN AS NEAR TO REAL T IME
AS POSSIBLE.
(G) (H) (1) THE COMMISSION, IN CONSULTATION WITH APPROPRIATE
STAKEHOLDERS , SHALL ADOPT REGULATI ONS TO CARRY OUT THI S SECTION.
(2) THE REGULATIONS SHALL TAKE INTO ACCOUNT CO NSUMER
PERSPECTIVE A ND INCLUDE:
(I) THE SPECIFIC DATA REQ UIRED TO BE PROVIDED UNDER
SUBSECTION (D) OF THIS SECTION;
(II) THE SPECIFIC PRESCRIP TION INFORMATION REQ UIRED TO
BE SUBMITTED UNDER S UBSECTION (E) OF THIS SECTION;
(III) THE TIME FRAME FOR SU BMITTING PRESCRIPTION
INFORMATION UNDER SU BSECTION (E) OF THIS SECTION;
(IV) THE ELECTRONIC MEANS AND MANNER BY WHICH
PRESCRIPTION INFORMA TION IS TO BE SUBMIT TED UNDER SUBSECTION (E) OF THIS
SECTION; AND
(V) PRESCRIPTION INFORMAT ION SUBMISSION
REQUIREMENTS THAT ALIGN WITH THE DATA SUBMISSION REQU IREMENTS ON
DISPENSERS OF MONITO RED PRESCRIPTION DRU GS UNDER TITLE 21, SUBTITLE 2A
OF THIS ARTICLE; AND
(VI) IDENTIFICATION AND NE CESSARY SUPPRESSION OF
INFORMATION RELATED TO PROVIDERS OR MEDI CATIONS THAT ARE DE TERMINED
TO HAVE SIGNIFICANT POTENTIAL TO CAUSE H ARM.
LAWRENCE J. HOGAN, JR., Governor Ch. 296
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(I) (1) THE STATE DESIGNATED EXCH ANGE SHALL ESTABLISH A
CONSUMER ADVISORY CO UNCIL TO BRING THE P ERSPECTIVES OF INDIV IDUALS AND
ORGANIZATIONS WITH A N INTEREST IN PROTEC TING CONSUMERS INTO THE
DELIVERY OF SERVICES PROVIDED BY THE STATE DESIGNATED EXCH ANGE.
(2) IN SELECTING MEMBERS , THE STATE DESIGNATED EXCH ANGE
SHALL CONSIDER DIVER SITY OF EXPERIENCE .
(3) THE CONSUMER ADVISORY COUNCIL ESTABLISHED UNDER
PARAGRAPH (1) OF THIS SUBSECTION S HALL:
(I) CONSIST OF A MINIMUM OF SIX MEMBERS , INCLUDING AT
LEAST FOUR CONSUMER REPRESENTATIVES AND TWO STAFF REPRESENTA TIVES,
AND MAINTAIN A RATIO OF CONSUMER REPRESEN TATIVES TO NONCONSUM ER
REPRESENTATIVES OF A T LEAST TWO TO ONE ;
(II) IDENTIFY AND REPORT C ONSUMER PRIVACY CONCERNS TO
SENIOR LEADERSHIP OF THE STATE DESIGNATED EXCH ANGE;
(III) ADVISE ON EFFORTS TO EDUCATE CONSUMERS ON DATA
EXCHANGE POLICIES , INCLUDING OPTIONS FO R CONSUMERS TO OPT O UT OF
DISCLOSURE OF PROTEC TED HEALTH INFORMATI ON;
(IV) MEET AT LEAST 3 TIMES EACH YEAR ; AND
(V) ADOPT AND MAINTAIN A CHARTER TO BE POSTED ONLINE
THAT INCLUDES THE PU RPOSE, MEMBERS, AND MEETING SCHEDULE OF THE
CONSUMER ADVISORY CO UNCIL.
SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 1, 2024,
the Maryland Department of Health, the Maryland Health Care Commission, and the State
designated exchange shall submit a report to the General Assembly, in accordance with §
2–1257 of the State Government Article, that identifies ongoing revenue sources to fund
the activities required under § 19–145 of the Health – General Article, as enacted by Section
1 of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, May 12, 2022.