H.R. 3528House115th Congress (2017-2019)In Committee

Every Prescription Conveyed Securely Act

Introduced July 28, 2017

AI-Generated Summary

Updated April 15, 2026 at 5:40 PM UTC

The Every Prescription Conveyed Securely Act would change Medicare Part D rules so that any prescription for a controlled substance (schedule II‑V) covered by the program must be sent electronically. The goal is to improve safety and reduce fraud by using secure e‑prescribing. The rule applies to all Medicare beneficiaries who receive these drugs, with some limited exceptions.

Key Provisions

  • Requires that a Medicare Part D or Medicare Advantage‑Prescription Drug (MA‑PD) plan transmit prescriptions for schedule II‑V controlled substances electronically, using a system that meets the Secretary’s standards.
  • Allows the Secretary, through rulemaking, to waive the electronic requirement in specific situations, such as when the prescriber and dispenser are the same entity, when technology cannot support the current e‑prescribing standard, for practitioners facing economic hardship or technical limits, for urgent clinical needs, for public‑health emergencies, research protocols, FDA‑required non‑electronic elements, or for patients in hospice or certain institutional settings.
  • States that plans, MA organizations, and pharmacists are not required to verify a waiver before dispensing, and that existing non‑electronic prescriptions (written, oral, fax) remain valid if they comply with other laws.
  • Gives the Secretary authority to enforce the rule and impose penalties for non‑compliance.
  • Sets the effective date for prescriptions written on or after January 1 2021.

Legislative Activity

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9 earlier actions
HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 582.

June 12, 2018

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HouseIntro Referral

Introduced in House

July 28, 2017

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

July 28, 2017

HouseCommittee

Referred to the Subcommittee on Health.

August 4, 2017

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

April 25, 2018

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

April 25, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 9, 2018

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

May 9, 2018

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 115-748, Part I.

June 12, 2018

HouseCommittee

Committee on Ways and Means discharged.

June 12, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 582.

June 12, 2018

Floor Debate

17 members

What members said about H.R. 3528 on the floor

7 Republicans10 Democrats
Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jun 22, 2018

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in support of H.R. 6, the SUPPORT for Patients and Communities Act. This bill makes incremental changes to support those…

Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 22, 2018

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous materials on H.R. 6. Mr. Chairman, I yield myself such time…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Jun 22, 2018

Mr. Chairman, I thank Mr. Neal for yielding. Mr. Chairman, I support H.R. 6 as a step to the puzzle to address substance abuse. However, I think we need to expand this bill in an important way as it…

Richard E. Neal
Rep. Richard E. NealD-MA-1 · Jun 22, 2018

Mr. Chairman, I yield myself 4 minutes. Mr. Chairman, I rise in support of H.R. 6. It has become all too clear that the ongoing opioid epidemic has gripped our Nation's families and communities. It…

Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Jun 22, 2018

Mr. Chairman, I thank the gentleman for yielding, and I want to congratulate the gentleman for his work, his tireless effort, and his passion for those who have been afflicted with the addiction and…

Show 8 more
Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 12, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5685) to amend title XVIII of the Social Security Act to provide educational resources regarding opioid use and pain management as…

Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 12, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3331) to amend title XI of the Social Security Act to promote testing of incentive payments for behavioral health providers for…

Paul D. Ryan
Rep. Paul D. RyanR-WI-1 · Jun 22, 2018

Mr. Chair, I thank the gentleman for yielding. Mr. Chair, I first want to start by thanking the chair and the ranking member. But for a moment, I would like to address another issue. I want to pause…

Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5796) to require the Secretary of Health and Human Services to provide grants for eligible entities to provide technical assistance to…

Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Jun 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5590) to require the Secretary of Health and Human Services to provide for an action plan on recommendations for changes under…

Raul Ruiz
Rep. Raul RuizD-CA-36 · Jun 19, 2018

Mr. Speaker, I rise to support H.R. 5605, the Advancing High Quality Treatment for Opioid Use Disorders in Medicare Act. I introduced the bill to give older Americans across our Nation more access to…

Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5605) to amend title XVIII of the Social Security Act to provide for an opioid use disorder treatment demonstration program, as…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 19, 2018

Mr. Speaker, I support H.R. 5605, the ``Advancing High Quality Treatment for Opioid Use Disorders in Medicare Act.'' This important bill provides applicable beneficiaries increased access to opioid…

Show 11 more
Kevin Brady
Rep. Kevin BradyR-TX-8 · Jun 22, 2018

Mr. Chair, I yield myself such time as I may consume. Mr. Chair, the opioid crisis has impacted every community in America and robbed countless individuals of their potential. A recent poll found…

Paul Tonko
Rep. Paul TonkoD-NY-20 · Jun 22, 2018

Mr. Chairman, I thank the gentleman from New Jersey for yielding. Mr. Chairman, I rise in support of H.R. 6, the SUPPORT for Patients and Communities Act. The SUPPORT for Patients and Communities Act…

Yvette D. Clarke
Rep. Yvette D. ClarkeD-NY-9 · Jun 19, 2018

Mr. Speaker, let me take this time to express my appreciation to Chairman Walden and Ranking Member Pallone, for their leadership in addressing the opioid epidemic in the U.S. House of…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jun 12, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 3331, sponsored by Representative Lynn Jenkins and Representative Doris Matsui, and I commend my…

Joseph P. Kennedy III
Rep. Joseph P. Kennedy IIID-MA-4 · Jun 19, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 5590 sponsored by Representatives Kinzinger and Clarke. I commend my colleagues for their hard work on…

Brian K. Fitzpatrick
Rep. Brian K. FitzpatrickR-PA-8 · Jun 19, 2018

Mr. Speaker, the opioid epidemic is devastating my community in Bucks and Montgomery Counties. I talk to these families every day. As our Nation continues to grapple with the deadly effects of the…

Anna G. Eshoo
Rep. Anna G. EshooD-CA-18 · Jun 22, 2018

Mr. Chairman, I rise in support of H.R. 6, and I thank our ranking member for yielding time to me. There isn't any question that our country is in the midst of a destructive opioid epidemic that…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jun 12, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 5685, sponsored by Representatives John Faso and Peter Welch. I commend my colleagues for their work on…

Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 12, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5582) to direct the Secretary of Health and Human Services to conduct a study and submit a report on barriers to accessing abuse-…

Mike Bishop
Rep. Mike BishopR-MI-8 · Jun 22, 2018

Mr. Chairman, I thank Chairman Brady for his steadfast leadership in finding a solution to this crisis. Mr. Chairman, I rise in strong support of H.R. 6, the SUPPORT for Patients and Communities Act.…

Tony Cárdenas
Rep. Tony CárdenasD-CA-29 · Jun 22, 2018

Mr. Chair, I thank the authors for all the hard work coming to this moment to get this very important bill on the floor. Mr. Chair, I rise today to say how glad I am that my bill, the At- Risk Youth…

Bill Text

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Reported in HouseIssued June 12, 2018

IB

Union Calendar No. 582

115th CONGRESS

2d Session

H. R. 3528

[Report No. 115–748, Part I]

IN THE HOUSE OF REPRESENTATIVES

July 28, 2017

Ms. Clark of Massachusetts (for herself and Mr. Mullin) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 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. Panetta, 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


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 substances.


1.

Short title

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

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 practitioner and dispenser are the same entity;

(ii)

a prescription issued that cannot be transmitted electronically under 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 submit a prescription electronically 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 a prescription to contain elements that are not able to be included in 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 skilled nursing facility (as defined in section 1819(a)), or a medical institution or nursing facility for which payment is made for an institutionalized individual under section 1902(q)(1)(B), for which frequently abused drugs are dispensed for residents through a contract with a single pharmacy, as determined by the Secretary in accordance with this paragraph.

(C)

Dispensing

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). 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 beneficiary involved to designate a particular pharmacy to dispense a prescribed 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 non-compliance 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, 2021.

June 12, 2018

Reported from the Committee on Energy and Commerce with an amendment

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