Amendment #2 to H4938

Floor Amendment

Mr. Speliotis of Danvers moves to amend the bill by striking out all after the enacting clause and inserting in place thereof the following:-

“Subsection (f) of section 24A of chapter 94C of the General Laws, as appearing in section 44 of chapter 208 of the acts of 2018, is hereby amended by striking out clauses (6) and (7) and inserting in place thereof the following 3 clauses:-

(6) personnel of the United States attorney, office of the attorney general or a district attorney; provided, however, that the data request is in connection with a bona fide specific controlled substance or additional drug related investigation and accompanied by a probable cause warrant issued pursuant to chapter 276 or a civil investigative demand;

(7) personnel of the Medicaid fraud control unit within the office of the attorney general or a district attorney; provided, however, that the data request is made in connection with a bona fide specific controlled substance or additional drug related investigation of a practitioner, pharmacist, pharmacy, person required to be a registered participant by this chapter or any other provider subject to the jurisdiction of a Medicaid fraud control unit under federal law, including, but not limited to, 42 USC section 1396b, et. seq.; and provided further, that, notwithstanding clauses (4) and (6), the department shall provide the data requested pursuant to this clause without a probable cause warrant issued pursuant to chapter 276; or

(8) personnel within the office of a district attorney; provided, however, that the data request is made in connection with a bona fide investigation into the cause and manner of death of an individual suspected of a drug overdose; and provided further, that, notwithstanding clauses (4) and (6), the department shall provide the data requested pursuant to this clause without a probable cause warrant issued pursuant to chapter 276.”