HOUSE DOCKET, NO. 526 FILED ON: 1/12/2009
HOUSE . . . . . . . . . . . . . . . No. 110
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act to prevent the sharing of prescription data..
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 112, section 30 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by the addition of the following new section:
"No pharmacist shall exhibit, discuss, or reveal any part of the contents of any prescription, including the medication prescribed, the name of the prescriber, the therapeutic effect of the medication, the nature, extent, or degree of illness suffered by any patient or any medical information furnished by the prescriber with any person other than the patient or his or her authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist serving the patient, or a person duly authorized by law to receive such information. This section shall not be interpreted to interfere with legitimate peer review conducted by a hospital, physician group practice, health maintenance organization or other entity which is engaged in the review of one of its licensed or credentialed providers. This section shall also not be interpreted to prevent the sharing of prescribing information by a pharmacist with a patient’s insurer.”
SECTION 2. Chapter 176 A of the General Laws is hereby amended by the addition of the following new section:
“No hospital service corporation shall permit its employees or consultants to exhibit, discuss, or reveal any part of the contents of any prescription with any person other than the patient or his or her authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist serving the patient, or a person duly authorized by law to receive such information. This section shall not be interpreted to interfere with legitimate peer review conducted by a hospital, physician group practice, health maintenance organization or other entity which is engaged in the review of one of its licensed or credentialed providers. This section shall also not be interpreted to prevent the internal review of prescribing information by an insurer for quality assurance or payment purposes.”
SECTION 3. Chapter 176 B of the General Laws is hereby amended by the addition of the following new section:
“No medical service corporation shall exhibit, discuss, or reveal any part of the contents of any prescription with any person other than the patient or his or her authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist serving the patient, or a person duly authorized by law to receive such information. This section shall not be interpreted to interfere with legitimate peer review conducted by a hospital, physician group practice, health maintenance organization or other entity which is engaged in the review of one of its licensed or credentialed providers. This section shall also not be interpreted to prevent the internal review of prescribing information by an insurer for quality assurance or payment purposes.”
SECTION 4. Chapter 176 G of the General Laws is hereby amended by the addition of the following new section:
“No health maintenance organization shall permit its employees or consultants to exhibit, discuss, or reveal any part of the contents of any prescription with any person other than the patient or his or her authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist serving the patient, or a person duly authorized by law to receive such information. This section shall not be interpreted to interfere with legitimate peer review conducted by a hospital, physician group practice, health maintenance organization or other entity which is engaged in the review of one of its licensed or credentialed providers. This section shall also not be interpreted to prevent the internal review of prescribing information by an insurer for quality assurance or payment purposes.”
SECTION 5. Chapter 176I of the General Laws is hereby amended by the addition of the following new section:
“No preferred provider arrangement licensed under the provisions of this section shall permit its employees or consultants to exhibit, discuss, or reveal any part of the contents of any prescription with any person other than the patient or his or her authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist serving the patient, or a person duly authorized by law to receive such information. This section shall not be interpreted to interfere with legitimate peer review conducted by a hospital, physician group practice, health maintenance organization or other entity which is engaged in the review of one of its licensed or credentialed providers. This section shall also not be interpreted to prevent the internal review of prescribing information by an insurer for quality assurance or payment purposes.”
SECTION 6. Chapter 118 E of the General Laws is hereby amended by the addition of the following new section:
“No employee or consultant of the Division of Medical Assistance or its agents in the provision of care under this section shall exhibit, discuss, or reveal any part of the contents of any prescription with any person other than the patient or his or her authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist serving the patient, or a person duly authorized by law to receive such information. This section shall not be interpreted to interfere with legitimate peer review conducted by a hospital, physician group practice, health maintenance organization or other entity which is engaged in the review of one of its licensed or credentialed providers. This section shall also not be interpreted to prevent the internal review of prescribing information by an insurer for quality assurance or payment purposes.”