House File 622 - Introduced



                                       HOUSE FILE       
                                       BY  FORD


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the confidentiality of patient prescription
  2    information and providing for a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2568HH 83
  5 jr/nh/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  155A.35A  PRESCRIPTION
  1  2 INFORMATION == CONFIDENTIAL.
  1  3    1.  a.  Records relative to prescription information
  1  4 containing patient=identifiable and prescriber=identifiable
  1  5 data shall not be licensed, transferred, used, or sold by any
  1  6 pharmacy benefits manager; insurance company; electronic
  1  7 transmission intermediary; or retail, mail order, or internet
  1  8 pharmacy or other similar entity, for any commercial purpose.
  1  9    b.  For purposes of this section, "commercial purpose"
  1 10 includes but is not limited to advertising, marketing,
  1 11 promotion, or any activity that could be used to influence
  1 12 sales or market share of a pharmaceutical product, influence
  1 13 or evaluate the prescribing behavior of an individual health
  1 14 care professional, or evaluate the effectiveness of a
  1 15 professional pharmaceutical detailing sales force.
  1 16    2.  The records described in subsection 1 may be
  1 17 transferred or used for the limited purposes of pharmacy
  1 18 reimbursement; formulary compliance; care management;
  1 19 utilization review by a health care provider, the patient's
  1 20 insurance provider, or the agent of either; health care
  1 21 research; or as otherwise provided by law.
  1 22    3.  Nothing in this section shall prohibit the dispensing
  1 23 of prescription medications to a patient or to the patient's
  1 24 authorized representative; the transmission of prescription
  1 25 information between an authorized prescriber and a licensed
  1 26 pharmacy; the transfer of prescription information between
  1 27 licensed pharmacies; the transfer of prescription records that
  1 28 may occur in the event a pharmacy ownership is changed or
  1 29 transferred; or care management educational communications
  1 30 provided to a patient about the patient's health condition,
  1 31 adherence to a prescribed course of therapy or other
  1 32 information about the drug being dispensed, treatment options,
  1 33 or clinical trials.  Nothing in this section shall prohibit
  1 34 the collection, use, transfer, or sale of patient or
  1 35 prescriber de=identified data by zip code, geographic region,
  2  1 or medical specialty for commercial purposes.  In addition to
  2  2 any other penalty under this chapter, a violation of this
  2  3 section is an unfair or deceptive act or practice within the
  2  4 meaning of section 507B.6.
  2  5                           EXPLANATION
  2  6    This bill prohibits any pharmacy, insurance=type entity, or
  2  7 intermediary from selling, transferring, or using
  2  8 patient=identifiable and prescriber=identifiable data.
  2  9 Exceptions are provided for pharmacy reimbursement; formulary
  2 10 compliance; care management; utilization review by a health
  2 11 care provider, the patient's insurance provider, or the agent
  2 12 of either; health care research; or as otherwise provided by
  2 13 law.
  2 14    Licensed pharmacists who violate these provisions are
  2 15 subject to licensee discipline pursuant to Code chapter 272C.
  2 16 Additionally, a violation of this provision is an unfair or
  2 17 deceptive act or practice and persons regulated by the
  2 18 insurance division are subject to a civil penalty of not more
  2 19 than $1,000 for each act or violation and suspension or
  2 20 revocation of any license held by the person.
  2 21 LSB 2568HH 83
  2 22 jr/nh/14