HSB 90 (LSB 1307DP (6) 85)

SENATE/HOUSE FILE _____

BY  (PROPOSED GOVERNOR’S OFFICE OF DRUG CONTROL POLICY BILL)

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 misdemeanor
 
class “C” felony.
    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 board shall collaborate with the department of human services to develop a procedure for the department of human services to provide patient information to the board regarding medical assistance recipients who are participating in the prescription drug lock-in program. The patient lock-in information shall be incorporated into the information reporting database and accessible as provided in section 124.533.
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 a class “C” felony. 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. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.
   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 board of pharmacy to collaborate with the department of human services to develop a procedure for the department of human services to provide patient information to the board regarding Medicaid recipients who are participating in the prescription drug lock-in program. 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.