HF 558 (LSB 1307HV (4) 85)

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 of prohibited acts related to controlled substances and the information program for drug prescribing and dispensing, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.403, subsection 2, Code 2013, is amended to read as follows:
   2.  Any person who violates this section, or who acts with, enters into a common scheme or design with, or conspires with one or more other persons to violate this section, is guilty of a serious
 
an aggravated misdemeanor.
    Sec. 2.  Section 124.552, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  The program shall include a warning on all reports stating that “Medicaid fraud is a crime. If you suspect Medicaid fraud, call the Iowa Medicaid fraud hotline.” The warning shall include the toll-free telephone number of the Iowa Medicaid fraud hotline.
    Sec. 3.  NEW SECTION.  124.556A  Medical assistance program prescription drug lock-in program.
   The department of human services shall provide to the board the information set forth in section 217.30, subsection 1, for any patient who is newly assigned after the effective date of this Act to the Medicaid lock-in program because of drug utilization issues. The patient-identifying information shall be limited to the name, address, date of birth, and telephone number of the patient, if available. The patient-identifying information shall be incorporated into the information reporting database and be accessible as provided in section 124.553. The board shall keep the lock-in information up to date and shall remove the Medicaid lock-in designation from the information reporting database when a Medicaid recipient is removed from the Medicaid lock-in program.
EXPLANATION
   This bill relates to the criminal offense of prohibited acts related to controlled substances and the information program for drug prescribing and dispensing (Iowa prescription monitoring program).
   The bill increases the criminal penalty for a conviction for prohibited acts relating to controlled substances in Code section 124.403 from a serious misdemeanor to an aggravated misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.
   The bill also requires the Iowa prescription monitoring program to include a warning on all reports stating that “Medicaid fraud is a crime. If you suspect Medicaid fraud, call the Iowa Medicaid fraud hotline.” The warning shall include the toll-free telephone number of the hotline.
   The bill directs the department of human services to provide patient information to the board regarding Medicaid recipients who are newly assigned to the prescription drug lock-in program after the effective date of the bill. The information is then to be incorporated into the information database and accessible to pharmacists, prescribing practitioners, and others as specified in the information access provisions for the information program. The bill requires the board of pharmacy to update the Medicaid lock-in information in the database as patients are removed from the program.