prescription drug claim in order to confirm a 
practitioner’s compliance with such policies; or 
‘‘(C) reject, deny, or recoup reimbursement 
for a prescription drug claim based on the for-
mat in which the prescription was issued. 
‘‘(5) CONSULTATION REQUIREMENT FOR RULE-
MAKING.—In promulgating regulations to carry out 
this subsection, the Secretary, Secretary of the 
Treasury, and Secretary of Labor shall jointly con-
sult with dispensers of controlled substances, State 
insurance regulators, and health care practitioners.’’. 
(c) INTERNAL REVENUE CODE OF 1986 AMEND-
MENT.—Section 9822 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
subsection: 
‘‘(d) 
REQUIREMENTS
FOR
ELECTRONIC-PRE-
SCRIBING FOR CONTROLLED SUBSTANCES.— 
‘‘(1) IN GENERAL.—Except as provided pursu-
ant to paragraph (2), for plan years beginning on or 
after January 1, 2024, a group health plan shall, 
with respect to health care practitioners that have a 
contractual relationship with such plan for fur-
nishing items or services to participants and bene-
ficiaries under such plan, have in place policies, sub-
ject to paragraph (4), that require any prescription 
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for a schedule II, III, IV, or V controlled substance 
(as defined by section 202 of the Controlled Sub-
stances Act) covered under the plan that is trans-
mitted by such a health care practitioner for such a 
participant or beneficiary be electronically trans-
mitted in accordance with such standards, consistent 
with standards established under paragraph (3) of 
section 1860D–4(e) of the Social Security Act, 
under an electronic prescription drug program that 
meets requirements that are substantially similar (as 
jointly determined by the Secretary, Secretary of the 
Treasury, and Secretary of Labor) to the require-
ments of paragraph (2) of such section 1860D–4(e). 
‘‘(2) 
EXCEPTION
FOR
CERTAIN
CIR-
CUMSTANCES.—The Secretary, Secretary of the 
Treasury, and Secretary of Labor shall jointly, 
through rulemaking, specify circumstances and proc-
esses by which the requirement under paragraph (1) 
may be waived, with respect to a schedule II, III, 
IV, or V controlled substance that is a prescription 
drug covered by a group health, including in the 
case of— 
‘‘(A) a prescription described in any of 
clauses (i) through (vi) of section 1860D– 
4(e)(7)(B) of the Social Security Act; 
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‘‘(B) a prescription issued under cir-
cumstances in which electronic prescribing is 
not available due to temporary technological or 
electrical failure, as specified jointly by the Sec-
retary, Secretary of the Treasury, and Sec-
retary of Labor through rulemaking; and 
‘‘(C) a prescription issued by a practitioner 
allowing for the dispensing of a non-patient spe-
cific prescription pursuant to a standing order, 
approved protocol for drug therapy, collabo-
rative drug management, or comprehensive 
medication management, in response to a public 
health emergency or other circumstances under 
which the practitioner may issue a non-patient 
specific prescription. 
‘‘(3) RULES OF CONSTRUCTION.— 
‘‘(A) VERIFICATION.—Nothing in this sub-
section shall be construed as requiring a dis-
penser to verify that a health care practitioner, 
with respect to a prescription for a schedule II, 
III, IV, or V controlled substance that is a pre-
scription drug covered under a group health 
plan, has a waiver (or is otherwise exempt) 
under paragraph (2) from the requirement 
under paragraph (1). 
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‘‘(B) AUTHORITY TO DISPENSE.—Nothing 
in this subsection shall be construed as affect-
ing the ability of a group health plan to cover, 
or the ability of a pharmacist to continue to 
dispense, a prescription drug if the prescription 
for such drug is an otherwise valid written, 
oral, or fax prescription that is consistence with 
applicable laws and regulations. 
‘‘(C) PATIENT CHOICE.—Nothing in this 
subsection shall be construed as affecting the 
ability of an individual who is a participant or 
beneficiary of a group health plan and who is 
being prescribed a schedule II, III, IV, or V 
controlled substance that is a prescription drug 
covered under the plan to designate a particular 
pharmacy to dispense such controlled substance 
to the extent consistent with the requirements 
under this subsection. 
‘‘(4) PROHIBITIONS.—The policies established 
pursuant to paragraph (1) by a group health plan 
may not— 
‘‘(A) require dispensers of a schedule II, 
III, IV, or V controlled substance to confirm 
that the prescription for the controlled sub-
stance was electronically issued by a health care 
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practitioner in accordance with such policies, as 
described in paragraph (1); 
‘‘(B) require dispensers of such controlled 
substances to submit information or data be-
yond what is otherwise required to process a 
prescription drug claim in order to confirm a 
practitioner’s compliance with such policies; or 
‘‘(C) reject, deny, or recoup reimbursement 
for a prescription drug claim based on the for-
mat in which the prescription was issued. 
‘‘(5) CONSULTATION REQUIREMENT FOR RULE-
MAKING.—In promulgating regulations to carry out 
this subsection, the Secretary, Secretary of the 
Treasury, and Secretary of Labor shall jointly con-
sult with dispensers of controlled substances, State 
insurance regulators, and health care practitioners.’’. 
Æ 
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