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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Every Prescription Conveyed Securely
Act''.

SEC. 2. REQUIRING E-PRESCRIBING FOR COVERAGE OF COVERED PART D
CONTROLLED SUBSTANCES.

(a) In General.--Section 1860D-4(e) of the Social Security Act (42
U.S.C. 1395w-104(e)) is amended by adding at the end the following:
''(7) Requirement of e-prescribing for controlled
substances.--
''(A) In general.--Subject to subparagraph (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 accordance with an electronic
prescription drug program that meets the requirements
of paragraph (2).
''(B) Exception for certain circumstances.--The
Secretary shall, pursuant to rulemaking, specify
circumstances with respect to which the Secretary may
waive the requirement under subparagraph (A), with
respect to a covered part D drug, including in the case
of--
''(i) a prescription issued when the
prescriber and dispenser are the same entity;
''(ii) a prescription issued that cannot be
transmitted electronically due to the
constraints of the most recently implemented
version of the National Council for
Prescription Drug Programs SCRIPT Standard;
''(iii) a prescription issued by a
practitioner who has received a waiver or a
renewal thereof for a specified period
determined by the Secretary, not to exceed one
year, from the requirement to use electronic
prescribing, pursuant to a process established
by regulation by the Secretary, due to
demonstrated economic hardship, technological
limitations that are not reasonably within the
control of the practitioner, or other
exceptional circumstance demonstrated by the
practitioner;
''(iv) a prescription issued by a
practitioner under circumstances in which,
notwithstanding the practitioner's ability to
make an electronic prescription as required by
this subsection, such practitioner reasonably
determines that it would be impractical for the
individual involved to obtain substances
prescribed by electronic prescription in a
timely manner, and such delay would adversely
impact the individual's medical condition
involved;
''(v) a prescription issued by a
practitioner 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 prescription;
''(vi) a prescription issued by a
practitioner prescribing a drug under a
research protocol;
''(vii) a prescription issued by a
practitioner for a drug for which the Food and
Drug Administration requires the prescription
to contain certain elements that are not able
to be accomplished with electronic prescribing
such as, a drug with risk evaluation and
mitigation strategies that include elements to
assure safe use; and
''(viii) a prescription issued by a
practitioner for an individual who--
''(I) receives hospice care under
this title; or
''(II) is a resident of a long-term
care facility, of a facility described
in section 1905(d), or of another
facility for which frequently abused
drugs are dispensed for residents
through a contract with a single
pharmacy.
''(C) Dispensing.--(i) Nothing in this paragraph
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 practitioner, with respect to a
prescription for a covered part D drug, has a waiver
(or is otherwise exempt) under subparagraph (B) from
the requirement under subparagraph (A).
''(ii) 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.
''(iii) Nothing in this paragraph shall be
construed as affecting the ability of an individual who
is being prescribed a covered part D drug to designate
a particular pharmacy to dispense the covered part D
drug to the extent consistent with the requirements
under subsection (b)(1) and under this paragraph.
''(D) Enforcement.--The Secretary shall, pursuant
to rulemaking, have authority to enforce and specify
appropriate penalties for noncompliance with the
requirement under subparagraph (A).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to coverage of drugs prescribed on or after January 1, 2020.
Every Prescription Conveyed Securely Act This billgenerally requires, with specified exceptions,electronic prescribing under the Medicare prescription drug benefit with respect to covered drugs that are controlled substances.