THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BAKER, PICKETT, CUTLER, MAJOR, CALTAGIRONE, P. COSTA, J. EVANS, EVERETT, GEIST, GINGRICH, GOODMAN, GROVE, HORNAMAN, JOSEPHS, KORTZ, MANN, MICOZZIE, MOUL, O'NEILL, READSHAW, REICHLEY AND VULAKOVICH, JANUARY 31, 2011

REFERRED TO COMMITTEE ON HEALTH, JANUARY 31, 2011  

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, 2011, 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

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.  Medical Assistance Health Information Technology

Incentive Payment Program.

(a)  Establishment.--A Medical Assistance 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 shall

establish a payment incentive program consistent with the

provisions of section 4102 of the American Recovery and

Reinvestment Act of 2009.

Section 5.  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 6.  Effective date.

This act shall take effect in 60 days.