S. 2902 – Reading Mode

115th CONGRESS

2d Session

S. 2902

IN THE SENATE OF THE UNITED STATES

May 22, 2018

Mr. Cassidy (for himself and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend title XIX of the Social Security Act to facilitate Medicaid access to State prescription drug monitoring programs, and for other purposes.

Short title

This Act may be cited as the Better Data Sharing to Combat the Opioid Crisis Act.

Facilitating Medicaid access to State prescription drug monitoring programs

(a)

In general

Section 1903(m) of the Social Security Act (42 U.S.C. 1396b(m)) is amended by adding at the end the following new paragraph:

(7)

(A)

The State agency administering the State plan under this title may have reasonable access, as determined by the State, to 1 or more prescription drug monitoring program databases administered or accessed by the State to the extent the State agency is permitted to access such databases under State law.

(B)

Such State agency may facilitate reasonable access, as determined by the State, to 1 or more prescription drug monitoring program databases administered or accessed by the State, to same extent that the State agency is permitted under State law to access such databases, for—

(i)

any provider enrolled under the State plan to provide services to Medicaid beneficiaries; and

(ii)

any managed care entity (as defined under section 1932(a)(1)(B)) that has a contract with the State under this subsection or under section 1905(t)(3).

(C)

Such State agency may share information in such databases, to the same extent that the State agency is permitted under State law to share information in such databases, with—

(i)

any provider enrolled under the State plan to provide services to Medicaid beneficiaries; and

(ii)

any managed care entity (as defined under section 1932(a)(1)(B)) that has a contract with the State under this subsection or under section 1905(t)(3).

(b)

Security and privacy

All applicable State and Federal security and privacy protections and laws shall apply to any State agency, individual, or entity accessing 1 or more prescription drug monitoring program databases or obtaining information in such databases in accordance with section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) (as added by subsection (a)).

(c)

Effective date

The amendment made by subsection (a) shall take effect on the date of enactment of this Act.