House File 558 - Introduced HOUSE FILE 558 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 90) A BILL FOR An Act relating to drug control, including the criminal offense 1 of prohibited acts related to controlled substances and the 2 information program for drug prescribing and dispensing, and 3 providing a penalty. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1307HV (4) 85 jm/nh
H.F. 558 Section 1. Section 124.403, subsection 2, Code 2013, is 1 amended to read as follows: 2 2. Any person who violates this section , or who acts with, 3 enters into a common scheme or design with, or conspires with 4 one or more other persons to violate this section , is guilty of 5 a serious an aggravated misdemeanor. 6 Sec. 2. Section 124.552, Code 2013, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 5. The program shall include a warning on 9 all reports stating that “Medicaid fraud is a crime. If you 10 suspect Medicaid fraud, call the Iowa Medicaid fraud hotline.” 11 The warning shall include the toll-free telephone number of the 12 Iowa Medicaid fraud hotline. 13 Sec. 3. NEW SECTION . 124.556A Medical assistance program 14 prescription drug lock-in program. 15 The department of human services shall provide to the board 16 the information set forth in section 217.30, subsection 1, for 17 any patient who is newly assigned after the effective date 18 of this Act to the Medicaid lock-in program because of drug 19 utilization issues. The patient-identifying information shall 20 be limited to the name, address, date of birth, and telephone 21 number of the patient, if available. The patient-identifying 22 information shall be incorporated into the information 23 reporting database and be accessible as provided in section 24 124.553. The board shall keep the lock-in information up to 25 date and shall remove the Medicaid lock-in designation from the 26 information reporting database when a Medicaid recipient is 27 removed from the Medicaid lock-in program. 28 EXPLANATION 29 This bill relates to the criminal offense of prohibited 30 acts related to controlled substances and the information 31 program for drug prescribing and dispensing (Iowa prescription 32 monitoring program). 33 The bill increases the criminal penalty for a conviction 34 for prohibited acts relating to controlled substances 35 -1- LSB 1307HV (4) 85 jm/nh 1/ 2
H.F. 558 in Code section 124.403 from a serious misdemeanor to an 1 aggravated misdemeanor. A serious misdemeanor is punishable 2 by confinement for no more than one year and a fine of at least 3 $315 but not more than $1,875. An aggravated misdemeanor is 4 punishable by confinement for no more than two years and a fine 5 of at least $625 but not more than $6,250. 6 The bill also requires the Iowa prescription monitoring 7 program to include a warning on all reports stating that 8 “Medicaid fraud is a crime. If you suspect Medicaid fraud, 9 call the Iowa Medicaid fraud hotline.” The warning shall 10 include the toll-free telephone number of the hotline. 11 The bill directs the department of human services to provide 12 patient information to the board regarding Medicaid recipients 13 who are newly assigned to the prescription drug lock-in program 14 after the effective date of the bill. The information is then 15 to be incorporated into the information database and accessible 16 to pharmacists, prescribing practitioners, and others as 17 specified in the information access provisions for the 18 information program. The bill requires the board of pharmacy 19 to update the Medicaid lock-in information in the database as 20 patients are removed from the program. 21 -2- LSB 1307HV (4) 85 jm/nh 2/ 2