I 
117TH CONGRESS 
2D SESSION 
H. R. 8988 
To amend the Public Health Service Act, the Employee Retirement Income 
Security Act of 1974, and the Internal Revenue Code of 1986 to provide 
for requirements for electronic-prescribing for controlled substances under 
group health plans and group and individual health insurance coverage. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2022 
Mr. O’HALLERAN introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees 
on Education and Labor, and Ways and Means, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Public Health Service Act, the Employee Re-
tirement Income Security Act of 1974, and the Internal 
Revenue Code of 1986 to provide for requirements for 
electronic-prescribing for controlled substances under 
group health plans and group and individual health in-
surance coverage. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Electronic Prescribing 
for Controlled Substances Act’’ or the ‘‘EPCS 2.0 Act’’. 
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SEC. 2. REQUIREMENTS FOR ELECTRONIC-PRESCRIBING 
FOR 
CONTROLLED 
SUBSTANCES 
UNDER 
GROUP HEALTH PLANS AND GROUP AND IN-
DIVIDUAL HEALTH INSURANCE COVERAGE. 
(a) PUBLIC HEALTH SERVICE ACT AMENDMENT.— 
Section 2799A–7 of the Public Health Service Act (42 
U.S.C. 300gg–117) 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 and a 
health insurance issuer offering group or individual 
health insurance coverage shall, with respect to 
health care practitioners that have a contractual re-
lationship with such plan or issuer for furnishing 
items or services to participants and beneficiaries 
under such plan or coverage, have in place policies, 
subject to paragraph (4), that require any prescrip-
tion for a schedule II, III, IV, or V controlled sub-
stance (as defined by section 202 of the Controlled 
Substances Act) covered under the plan or coverage 
that is transmitted by such a health care practi-
tioner for such a participant or beneficiary be elec-
tronically transmitted in accordance with such 
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‘‘(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 
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.’’. 
(b) EMPLOYEE RETIREMENT INCOME SECURITY ACT 
OF 1974 AMENDMENT.—Section 722 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1185k) 
is amended by adding at the end the following new sub-
section: 
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‘‘(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 and a 
health insurance issuer offering group health insur-
ance coverage shall, with respect to health care prac-
titioners that have a contractual relationship with 
such plan or issuer for furnishing items or services 
to participants and beneficiaries under such plan or 
coverage, have in place policies, subject to paragraph 
(4), that require any prescription for a schedule II, 
III, IV, or V controlled substance (as defined by sec-
tion 202 of the Controlled Substances Act) covered 
under the plan or coverage that is transmitted by 
such a health care practitioner for such a participant 
or beneficiary be electronically transmitted in ac-
cordance with such standards, consistent with stand-
ards established under paragraph (3) of section 
1860D–4(e) of the Social Security Act, under an 
electronic prescription drug program that meets re-
quirements that are substantially similar (as jointly 
determined by the Secretary, Secretary of the Treas-
ury, and Secretary of Labor) to the requirements of 
paragraph (2) of such section 1860D–4(e). 
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‘‘(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 or group health in-
surance coverage offered by a health insurance 
issuer, 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; 
‘‘(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 
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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 or group or individual health insurance 
coverage offered by a health insurance issuer, 
has a waiver (or is otherwise exempt) under 
paragraph (2) from the requirement under 
paragraph (1). 
‘‘(B) AUTHORITY TO DISPENSE.—Nothing 
in this subsection shall be construed as affect-
ing the ability of a group health plan or group 
health insurance coverage offered by a health 
insurance issuer to cover, or the ability of a 
pharmacist to continue to dispense, a prescrip-
tion drug if the prescription for such drug is an 
otherwise valid written, oral, or fax prescription 
that is consistence with applicable laws and reg-
ulations. 
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‘‘(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 or group or 
individual health insurance coverage offered by 
a health insurance issuer and who is being pre-
scribed a schedule II, III, IV, or V controlled 
substance that is a prescription drug covered 
under the plan or coverage to designate a par-
ticular pharmacy to dispense such controlled 
substance to the extent consistent with the re-
quirements under this subsection. 
‘‘(4) PROHIBITIONS.—The policies established 
pursuant to paragraph (1) by a group health plan or 
health insurance issuer offering group health insur-
ance coverage 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 
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 
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