Bill Text: PA HB825 | 2009-2010 | Regular Session | Amended

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Bill Title: Providing for electronic prescriptions and for duties of the Department of Health; establishing the Medical Assistance Health Information Technology Incentive Payment Program in the Department of Public Welfare; and imposing penalties.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-09-11 - Re-committed to APPROPRIATIONS [HB825 Detail]

Download: Pennsylvania-2009-HB825-Amended.html

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PRIOR PRINTER'S NO. 932 PRINTER'S NO. 2097
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 825 Session of2009
INTRODUCED BY BAKER, PICKETT, REICHLEY, BEYER, EVERETT, GIBBONS, GOODMAN, GROVE, HORNAMAN, JOSEPHS, KORTZ, MANN, McILVAINE SMITH, MURT, VULAKOVICH AND YOUNGBLOOD, MARCH 10, 2009
AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 10, 2009
AN ACT
Providing for electronic prescriptions and for duties of the
Department of Health; establishing the Medical Assistance <--
Health Information Technology Incentive Payment Program in
the Department of Public Welfare; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Health of the Commonwealth.
"Health care facility." Any health care facility providing
clinically related health services, including, but not limited
to, a general or special hospital, including psychiatric
hospitals, rehabilitation hospitals, ambulatory surgical
facilities, long-term care nursing facilities, abortion
facilities, cancer treatment centers using radiation therapy on
an ambulatory basis and inpatient drug and alcohol treatment
facilities, both for-profit and nonprofit, and including those
operated by an agency or State or local government. The term
also includes hospice. The term does not include an office used
primarily for the private or group practice by health care
practitioners where no reviewable clinically related health
service is offered, a facility providing treatment solely on the
basis of prayer or spiritual means in accordance with the tenets
of any church or religious denomination or a facility conducted
by a religious organization for the purpose of providing health
care services exclusively to clergy or other persons in a
religious profession who are members of the religious
denominations conducting the facility.
Section 2. E-prescribing.
Within 60 days following the effective date of this act, a
health care facility shall develop a full and complete
implementation plan with specific goals, key performance
indicators and timelines in order to meet the following
requirements:
(1) Commencing September 1, 2010, every health care
facility shall provide easy and timely access to an e-
prescribing system for use by all medical staff who have
prescriptive authority in this Commonwealth.
(2) The e-prescribing system chosen by the health care
facility shall be able to monitor and notify the medical
staff of potentially harmful drug interactions for each
prescription filed.
(3) Thereafter, the health care facility shall certify
to the department on its application for license or license
renewal that it provides access for all medical staff that
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write prescriptions to an e-prescribing system and permits
its use in the facility.
Section 3. Regulations.
Within 180 days following the effective date of this act, the
State Board of Medicine shall promulgate regulations that will
establish guidelines for the use of e-prescribing by every
physician that chooses to write prescriptions electronically.
The e-prescribing system shall be able to monitor and notify the
physician of potentially harmful drug interactions for each
prescription filed by that physician. The department may require
that every physician certify on the physician's application for
a license or license renewal that the physician has access to an
e-prescribing system and report whether it is being used for
writing prescriptions.
Section 4. Penalties.
(a) Health care facility.--Any false or misleading statement
on a certification by a health care facility shall subject the
health care facility to a fine of $5,000 per violation.
(b) Physician.--Any false or misleading statement on a
certification by a physician shall subject the physician to a
fine of $5,000 per violation.
Section 5. Funds for e-prescribing. <--
Up to $25,000,000 of the funds appropriated by the General
Assembly for the Machinery and Equipment Loan Fund established
under 12 Pa.C.S. Ch. 29 (relating to machinery and equipment
loans) shall be made available for grants to health care
facilities to assist in acquiring the systems described in this
act. Grants shall not exceed 50% of a health care facility's
costs, which shall be approved by the Department of Community
and Economic Development. The Department of Community and
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Economic Development shall develop criteria for evaluating
applications for grants that consider the fiscal condition of
the health care facility, the ability of the health care
facility to implement the technology and the potential savings
through avoided costs and reduced errors. The criteria shall be
forwarded by the Department of Community and Economic
Development to the Legislative Reference Bureau for publication
in the Pennsylvania Bulletin.
Section 5. Medical Assistance Health Information Technology <--
Incentive Payment Program.
(a) Establishment.--A Health Information Technology
Incentive Payment Program is established in the Department of
Public Welfare for eligible acute care hospitals and critical
access hospitals that are meaningful electronic health record
users as defined under section 4102 of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 115).
(b) Application.--The Department of Public Welfare will
establish a payment incentive program consistent with the
provisions of section 4102 of the American Recovery and
Reinvestment Act of 2009.
Section 6. Effective date.
This act shall take effect in 60 days.
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