IB 
Union Calendar No. 582 
115TH CONGRESS 
2D SESSION 
H. R. 3528 
[Report No. 115–748, Part I] 
To amend title XVIII of the Social Security Act to require e-prescribing 
for coverage under part D of the Medicare program of prescription 
drugs that are controlled substances. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2017 
Ms. CLARK of Massachusetts (for herself and Mr. MULLIN) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
JUNE 12, 2018 
Additional sponsors: Mr. HIGGINS of New York, Ms. ESTY of Connecticut, Mr. 
HIMES, Mr. KENNEDY, Mr. KELLY of Pennsylvania, Mr. TONKO, Mr. PA-
NETTA, Mr. DONOVAN, Mr. KING of New York, Mr. BUDD, Mr. KATKO, 
Mr. LONG, Mr. THOMPSON of Pennsylvania, Ms. STEFANIK, Mr. COLLINS 
of New York, Mr. MACARTHUR, Ms. SHEA-PORTER, Ms. SLAUGHTER, 
Mrs. WALORSKI, Mr. NORCROSS, Mr. MOULTON, Mr. JENKINS of West 
Virginia, Mr. KRISHNAMOORTHI, Mr. FLORES, Mr. RYAN of Ohio, Ms. 
JENKINS of Kansas, Mr. PAYNE, Ms. HANABUSA, Mr. KNIGHT, Mr. 
SCHNEIDER, Mr. SCHWEIKERT, Ms. TITUS, Mr. FASO, Ms. KUSTER of 
New Hampshire, Ms. DEGETTE, Mr. YARMUTH, Mr. POCAN, Ms. 
WASSERMAN SCHULTZ, Ms. BONAMICI, Mr. COHEN, Mr. O’HALLERAN, 
Mr. RENACCI, Mr. HASTINGS, Mrs. BLACKBURN, Mr. POLIQUIN, Mrs. 
HANDEL, Mr. WALDEN, Mr. FITZPATRICK, Mr. CRAMER, and Mr. 
BROOKS of Alabama 
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JUNE 12, 2018 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JUNE 12, 2018 
The Committee on Ways and Means discharged; committed to the Committee 
of the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on July 28, 2017] 
A BILL 
To amend title XVIII of the Social Security Act to require 
e-prescribing for coverage under part D of the Medicare 
program of prescription drugs that are controlled sub-
stances. 
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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 ‘‘Every Prescription Con-
veyed Securely Act’’. 
SEC. 2. REQUIRING E-PRESCRIBING FOR COVERAGE OF 
COVERED 
PART 
D 
CONTROLLED 
SUB-
STANCES. 
(a) IN GENERAL.—Section 1860D–4(e) of the Social 
Security Act (42 U.S.C. 1395w–104(e)) is amended by add-
ing at the end the following: 
‘‘(7) REQUIREMENT OF E-PRESCRIBING FOR CON-
TROLLED SUBSTANCES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a prescription for a covered part D 
drug under a prescription drug plan (or under 
an MA–PD plan) for a schedule II, III, IV, or 
V controlled substance shall be transmitted by a 
health care practitioner electronically in accord-
ance with an electronic prescription drug pro-
gram that meets the requirements of paragraph 
(2). 
‘‘(B) 
EXCEPTION
FOR
CERTAIN
CIR-
CUMSTANCES.—The Secretary shall, pursuant to 
rulemaking, specify circumstances with respect 
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to which the Secretary may waive the require-
ment under subparagraph (A), with respect to a 
covered part D drug, including in the case of— 
‘‘(i) a prescription issued when the 
practitioner and dispenser are the same en-
tity; 
‘‘(ii) a prescription issued that cannot 
be transmitted electronically under the most 
recently implemented version of the Na-
tional Council for Prescription Drug Pro-
grams SCRIPT Standard; 
‘‘(iii) a prescription issued by a prac-
titioner who has received a waiver or a re-
newal thereof for a specified period deter-
mined by the Secretary, not to exceed one 
year, from the requirement to use electronic 
prescribing, pursuant to a process estab-
lished by regulation by the Secretary, due to 
demonstrated economic hardship, techno-
logical limitations that are not reasonably 
within the control of the practitioner, or 
other 
exceptional 
circumstance 
dem-
onstrated by the practitioner; 
‘‘(iv) a prescription issued by a practi-
tioner under circumstances in which, not-
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withstanding the practitioner’s ability to 
submit a prescription electronically as re-
quired by this subsection, such practitioner 
reasonably determines that it would be im-
practical for the individual involved to ob-
tain substances prescribed by electronic pre-
scription in a timely manner, and such 
delay would adversely impact the individ-
ual’s medical condition involved; 
‘‘(v) a prescription issued by a practi-
tioner allowing for the dispensing of a non- 
patient specific prescription pursuant to a 
standing order, approved protocol for drug 
therapy, collaborative drug management, or 
comprehensive medication management, in 
response to a public health emergency, or 
other circumstances where the practitioner 
may issue a non-patient specific prescrip-
tion; 
‘‘(vi) a prescription issued by a practi-
tioner prescribing a drug under a research 
protocol; 
‘‘(vii) a prescription issued by a prac-
titioner for a drug for which the Food and 
Drug Administration requires a prescrip-
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tion to contain elements that are not able to 
be included in electronic prescribing, such 
as a drug with risk evaluation and mitiga-
tion strategies that include elements to as-
sure safe use; and 
‘‘(viii) a prescription issued by a prac-
titioner for an individual who— 
‘‘(I) receives hospice care under 
this title; or 
‘‘(II) is a resident of a skilled 
nursing facility (as defined in section 
1819(a)), or a medical institution or 
nursing facility for which payment is 
made for an institutionalized indi-
vidual under section 1902(q)(1)(B), for 
which frequently abused drugs are dis-
pensed for residents through a contract 
with a single pharmacy, as determined 
by the Secretary in accordance with 
this paragraph. 
‘‘(C) DISPENSING.—Nothing in this para-
graph shall be construed as requiring a sponsor 
of a prescription drug plan under this part, MA 
organization offering an MA–PD plan under 
part C, or a pharmacist to verify that a practi-
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tioner, with respect to a prescription for a cov-
ered part D drug, has a waiver (or is otherwise 
exempt) under subparagraph (B) from the re-
quirement under subparagraph (A). Nothing in 
this paragraph shall be construed as affecting the 
ability of the plan to cover or the pharmacists’ 
ability to continue to dispense covered part D 
drugs from otherwise valid written, oral or fax 
prescriptions that are consistent with laws and 
regulations. Nothing in this paragraph shall be 
construed as affecting the ability of the bene-
ficiary involved to designate a particular phar-
macy to dispense a prescribed drug to the extent 
consistent with the requirements under sub-
section (b)(1) and under this paragraph. 
‘‘(D) ENFORCEMENT.—The Secretary shall, 
pursuant to rulemaking, have authority to en-
force and specify appropriate penalties for non- 
compliance with the requirement under subpara-
graph (A).’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to coverage of drugs prescribed on 
or after January 1, 2021. 
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Union Calendar No. 582 
115TH CONGRESS 
2D SESSION 
H. R. 3528 
[Report No. 115–748, Part I] 
A BILL 
To amend title XVIII of the Social Security Act to 
require e-prescribing for coverage under part D 
of the Medicare program of prescription drugs 
that are controlled substances. 
JUNE 12, 2018 
Reported from the Committee on Energy and Commerce 
with an amendment 
JUNE 12, 2018 
The Committee on Ways and Means discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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