EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0984*
SENATE BILL 984
J1, J3 2lr3210
CF HB 1127
By: Senator Klausmeier
Introduced and read first time: February 18, 2022
Assigned to: Rules
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 F OLLOWING 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 SENATE BILL 984
(3) “STATE DESIGNATED EXCH ANGE” HAS THE MEANING STAT ED IN § 1
4–302.3 OF THIS ARTICLE. 2
(B) THE STATE DESIGNATED EXCH ANGE SHALL OPERATE A S A HEALTH 3
DATA UTILITY FOR THE STATE. 4
(C) THE PURPOSES OF THE H EALTH DATA UTILITY I NCLUDE 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 A SSIST HEALTH CARE AN D PUBLIC HEALTH LEADERS IN THE 8
EVALUATION OF PUBLIC HEALTH INTERVENTIONS AND HEALTH EQUITY ; 9
(2) THE COMMUNICATION OF DATA FROM PUBLIC HEA LTH OFFICIALS 10
AND HEALTH CARE PROV IDERS TO ADVANCE DIS EASE CONTROL AND HEA LTH 11
EQUITY; AND 12
(3) THE ENHANCEMENT AND ACCELERATION OF THE 13
INTEROPERABILITY OF HEALTH INFORMATION T HROUGHOUT THE STATE. 14
(D) THE FOLLOWING ENTITIE S SHALL PROVIDE DATA TO THE STATE 15
DESIGNATED EXCHANGE : 16
(1) THE DEPARTMENT ; 17
(2) NURSING HOMES REQUIRE D TO PROVIDE DATA UN DER § 4–302.3 18
OF THIS ARTICLE; 19
(3) ELECTRONIC HEALTH NET WORKS REQUIRED TO PR OVIDE DATA 20
UNDER § 4–302.3 OF THIS ARTICLE; AND 21
(4) DISPENSERS. 22
(E) (1) THE PURPOSE OF THIS S UBSECTION IS TO: 23
(I) AUTHORIZE INDIVIDUALS AND ORGANIZATIONS IN VOLVED 24
IN THE TREATMENT AND CARE COORDINATION OF PATI ENTS 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 MAT TERS OF HEALTH 29
EQUITY AND TREATMENT EFFICACY. 30 SENATE BILL 984 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 ME ANS; 4
(II) WITHOUT UNDULY INCREA SING THE WORKLOAD AN D 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 ADOPT ED BY 10
THE COMMISSION. 11
(4) THE STATE DESIGNATED EXCH ANGE MAY NOT IMPOSE ANY FEES 12
OR OTHER ASSESSMENTS ON DISPENSERS TO SUP PORT THE OPERATION O F THE 13
EXCHANGE. 14
(5) THE STATE DESIGNATED EXCH ANGE SHALL MAKE PRES CRIPTION 15
INFORMATION SUBMITTE D UNDER THIS SUBSECT ION AVAILABLE FOR PU RPOSES OF 16
TREATMENT AND CARE C OORDINATION OF A PAT IENT. 17
(F) THE STATE DESIGNATED EXCH ANGE SHALL PROVIDE D ATA, AS 18
ALLOWED BY LAW , TO INDIVIDUALS AND O RGANIZATIONS INVOLVE D IN THE 19
TREATME NT AND CARE COORDINA TION OF PATIENTS AND TO PUBLIC HEALTH 20
OFFICIALS TO SUPPORT PUBLIC 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 INFE CTIOUS 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 ACTIVIT IES, 29
INCLUDING CASE INVES TIGATION. 30
4 SENATE BILL 984
(G) (1) THE COMMISSION, IN CONSULTATION WITH APPROPRIATE 1
STAKEHOLDERS , SHALL ADOPT REGULATI ONS TO CARRY OUT THI S 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 S UBSECTION (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 SUBSECTION (E) OF THIS 11
SECTION; AND 12
(V) PRESCRIPTION INFORMAT ION 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 effect 23
October 1, 2022. 24