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SENATE DOCKET, NO. 1412         FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 543

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Richard T. Moore

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to ensure the privacy of patient prescription records.

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PETITION OF:

 

Name:

District/Address:

Richard T. Moore

Worcester and Norfolk

Mark C. Montigny

Second Bristol and Plymouth


SENATE DOCKET, NO. 1412        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 543

By Mr. Richard T. Moore, a petition (accompanied by bill, Senate, No. 543) of Richard T. Moore and Mark C. Montigny for legislation to ensure the privacy of patient prescription records.  Health Care Financing. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2240 OF 2011-2012.]


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Thirteen

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An Act to ensure the privacy of patient prescription records.
 

              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 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end of section 24, the following paragraph:-

              Pharmacists licensed in the Commonwealth, and pharmacies operating in the Commonwealth, and all other persons who control, own, license, use or share pharmacy records shall protect the privacy and confidentiality of provider-identifiable prescription information as if such information constituted "protected health information" within the meaning of the federal Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule (45 CFR Parts 160 & 164). Each violation of this provision shall carry a fine of $1,000 per affected record. Suit to enforce this provision may be brought by the Attorney General or by any affected patient or provider. This provision is a state expansion of medical privacy rights, as permitted by Section 264(c)(2) of HIPAA (Public Law 104-191).

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