National All Schedules Prescription Electronic Reporting Reauthorization Act of 2015

To amend and reauthorize the controlled substance monitoring program under section 399O of the Public Health Service Act, and for other purposes. 1. Short title This Act may be cited as the National All Schedules Prescription Electronic Reporting Reauthorization Act of 2015 2. Amendment to purpose Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 ( Public Law 109–60 (1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that— (A) health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and (B) appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and . 3. Amendments to controlled substance monitoring program Section 399O of the Public Health Service Act ( 42 U.S.C. 280g–3 (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (C) to maintain and operate an existing State-controlled substance monitoring program. ; and (B) in paragraph (3), by inserting by the Secretary Grants awarded (2) by amending subsection (b) to read as follows: (b) Minimum requirements The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A). ; (3) in subsection (c)— (A) in paragraph (1)(B)— (i) in the matter preceding clause (i), by striking (a)(1)(B) (a)(1)(B) or (a)(1)(C) (ii) in clause (i), by striking program to be improved program to be improved or maintained (iii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iv) by inserting after clause (ii) the following: (iii) a plan to apply the latest advances in health information technology in order to incorporate prescription drug monitoring program data directly into the workflow of prescribers and dispensers to ensure timely access to patients’ controlled prescription drug history; ; (v) in clause (iv), as redesignated, by inserting before the semicolon at the end and at least one health information technology system such as an electronic health records system, a health information exchange, or an e-prescribing system (vi) in clause (v), as redesignated, by striking public health public health or public safety (B) in paragraph (3)— (i) by striking If a State that submits (A) In general If a State that submits ; (ii) by striking the period at the end and inserting and include timelines for full implementation of such interoperability. The State shall also describe the manner in which it will achieve interoperability between its monitoring program and health information technology systems, as allowable under State law, and include timelines for implementation of such interoperability. (iii) by adding at the end the following: (B) Monitoring of efforts The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A). ; (C) in paragraph (5)— (i) by striking implement or improve establish, improve, or maintain (ii) by adding at the end the following: The Secretary shall redistribute any funds that are so returned among the remaining grantees under this section in accordance with the formula described in subsection (a)(2)(B). (4) in subsection (d)— (A) in the matter preceding paragraph (1)— (i) by striking In implementing or improving (a)(1)(B) In establishing, improving, or maintaining a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subparagraph (B) or (C) of subsection (a)(1) (ii) by striking public health public health or public safety (B) by adding at the end the following: (5) The State shall report to the Secretary on— (A) as appropriate, interoperability with the controlled substance monitoring programs of Federal departments and agencies; (B) as appropriate, interoperability with health information technology systems such as electronic health records systems, health information exchanges, and e-prescribing systems; and (C) whether or not the State provides automatic, real-time or daily information about a patient when a practitioner (or the designee of a practitioner, where permitted) requests information about such patient. ; (5) in subsections (e), (f)(1), and (g), by striking implementing or improving establishing, improving, or maintaining (6) in subsection (f)— (A) in paragraph (1)— (i) in subparagraph (B), by striking misuse of a schedule II, III, or IV substance misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act (ii) in subparagraph (D), by inserting a State substance abuse agency, a State health department, (B) by adding at the end the following: (3) Evaluation and reporting Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary— (A) to evaluate the success of the State’s program in achieving its purposes; or (B) to prepare and submit the report to Congress required by subsection (l)(2). (4) Research by other entities A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes. ; (7) by redesignating subsections (h) through (n) as subsections (j) through (p), respectively; (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking subsection (h) subsection (j) (9) by inserting after subsection (g) the following: (h) Education and access to the monitoring system A State receiving a grant under subsection (a) shall take steps to— (1) facilitate prescriber and dispenser use of the State’s controlled substance monitoring system; (2) educate prescribers and dispensers on the benefits of the system both to them and society; and (3) facilitate linkage to the State substance abuse agency and substance abuse disorder services. (i) Consultation with Attorney General In carrying out this section, the Secretary shall consult with the Attorney General of the United States and other relevant Federal officials to— (1) ensure maximum coordination of controlled substance monitoring programs and related activities; and (2) minimize duplicative efforts and funding. ; (10) in subsection (l)(2)(A), as redesignated by paragraph (7)— (A) in clause (ii), by inserting ; established or strengthened initiatives to ensure linkages to substance use disorder services; or affected patient access (B) in clause (iii), by inserting and between controlled substance monitoring programs and health information technology systems, , including an assessment (11) by striking subsection (m) (relating to preference), as redesignated by paragraph (7); (12) by redesignating subsections (m) through (o), as redesignated by paragraph (7), as subsections (l) through (o), respectively; (13) in subsection (m)(1), as redesignated by paragraph (12), by striking establishment, implementation, or improvement establishment, improvement, or maintenance (14) in subsection (n)— (A) in paragraph (5)— (i) by striking means the ability means— (A) the ability ; (ii) by striking the period at the end and inserting ; or (iii) by adding at the end the following: (B) sharing of State controlled substance monitoring program information with a health information technology system such as an electronic health records system, a health information exchange, or an e-prescribing system. ; (B) in paragraph (7), by striking pharmacy pharmacist (C) in paragraph (8), by striking and the District of Columbia , the District of Columbia, and any commonwealth or territory of the United States (15) by amending subsection (o), as redesignated by paragraph (12), to read as follows: (o) Authorization of appropriations To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years from 2016 through 2020. . September 8, 2015 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: National All Schedules Prescription Electronic Reporting Reauthorization Act of 2015 (Sec. 2) Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of state-administered controlled substance monitoring systems ensuring access to prescription history information for the investigative purposes of appropriate law enforcement, regulatory, and state professional licensing authorities. (Sec. 3) Amends the Public Health Service Act to revise and reauthorize through FY2020 the controlled substance monitoring program, including to: allow grants to be used to maintain and operate existing state controlled substance monitoring programs, require the Department of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees, require a state to provide HHS with aggregate data and other information to enable HHS to evaluate the success of the state's program, and expand the program to include any commonwealth or territory of the United States. Allows the Drug Enforcement Administration, HHS, a state Medicaid program, a state health department, or a state substance abuse agency receiving nonidentifiable information from a controlled substance monitoring database for research purposes to make that information available to other entities for research purposes. Requires a state receiving a grant to: (1) facilitate prescriber and dispenser use of the state's controlled substance monitoring system, and (2) educate prescribers and dispensers on the benefits of the system both to them and society.