58-37f-801 - Pilot program for real-time reporting for controlled substance database -- Statewide implementation.
58-37f-801. Pilot program for real-time reporting for controlled substance database-- Statewide implementation.
(1) As used in this section:
(a) "Pilot area" means the areas of the state that the division determines to operate thepilot program in, under Subsection (3), which may include:
(i) the entire state; or
(ii) geographical areas within the state.
(b) "Pilot program" means the pilot program described in this section.
(2) There is established a pilot program for real-time reporting of data to, and access todata from, the database by a pharmacy, a pharmaceutical facility, or a prescribing practitionerbeginning on July 1, 2010, and ending on July 1, 2012.
(3) In addition to fulfilling the requirements relating to the database on a statewide basis,the division shall, in accordance with Subsection (4), upgrade, administer, and direct thefunctioning of the database in geographical areas specified by the division, or on a statewidebasis, in a manner that provides for real-time reporting of information entered into, and accessedfrom, the database by a pharmacy or pharmaceutical facility.
(4) The division shall, under state procurement laws, and with the technical assistance ofthe Department of Technology Services, contract with a private entity to upgrade, operate, andmaintain the database in the pilot area.
(5) (a) All provisions and requirements of the statewide database, described in the otherparts of this chapter, are applicable to the database in the pilot area, to the extent that they do notconflict with the requirements of this section.
(b) For purposes of the other parts of this chapter, and this section, the database in thepilot area is considered part of the statewide database.
(6) A pharmacy or pharmaceutical facility shall cooperate with the division, or thedivision's designee, to provide real-time submission of, and access to, information for thedatabase:
(a) in the pilot area; and
(b) when the division implements the pilot program as a permanent program underSubsection (10), on a statewide basis.
(7) The penalties and enforcement provisions described in the other parts of this chapterapply to enforce the provisions of this section in relation to a pharmacy or pharmaceutical facilitythat is located in, or operates in, the pilot area.
(8) The division may make rules, in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, to provide for the real-time reporting of, and access to,information in accordance with the requirements of this section.
(9) During the Legislature's 2009 interim, the division shall report to the Health andHuman Services Interim Committee regarding:
(a) the implementation, operation, and impact of the pilot program established in thissection;
(b) the progress made by the division in implementing the pilot program on a statewidebasis;
(c) the advisability of, and projected costs of, implementing the pilot program on astatewide basis; and
(d) the use of the database by prescribing practitioners.
(10) The division shall, on or before July 1, 2012, implement the pilot program as apermanent program on a statewide basis.
(11) (a) The division shall, through the private entity contracted with under Subsection(4), provide, free of charge, to a pharmacy or pharmaceutical facility that is required to complywith Subsection (6), software, software installation assistance, and training, that will enable thepharmacy or pharmaceutical facility to comply with Subsection (6).
(b) Notwithstanding Subsection (11)(a), a pharmacy or pharmaceutical facility requiredto comply with Subsection (6) may, instead of accepting installation of the software provided bythe division under Subsection (11)(a), modify its own software in order to comply with therequirements of Subsection (6), if the modification is made:
(i) except as provided in Subsection (11)(d), at the expense of the pharmacy orpharmaceutical facility;
(ii) in consultation with the division; and
(iii) within six months after the division notifies the pharmacy or pharmaceutical facility,in writing, of the division's intention to install the software described in Subsection (11)(a).
(c) The division shall, through the private entity contracted with under Subsection (4),cooperate with a pharmacy or pharmaceutical facility that is required to comply with Subsection(6), to ensure that the installation and operation of the software described in Subsection (11)(a),or the provision of information from the pharmacy or pharmaceutical facility to the database:
(i) complies with the security standards described in 45 C.F.R. Parts 160, 162, and 164,Health Insurance Reform: Security Standards;
(ii) does not interfere with the proper functioning of the pharmacy's or pharmaceuticalfacility's software or computer system; and
(iii) in order to minimize changes in existing protocols, provides, to the extentpracticable, for the transmission of data in the same manner that pharmacies currently transmitinformation to insurance companies.
(d) The division may, within funds appropriated by the Legislature for this purpose,reimburse a pharmacy for all or part of the costs of the in-house programing described inSubsection (11)(b), if:
(i) the pharmacy requests the reimbursement, in writing;
(ii) the pharmacy provides proof of the costs for the in-house programming to thedivision;
(iii) the pharmacy requests the reimbursement prior to a deadline established by thedivision; and
(iv) except as provided in Subsection (11)(e), the division pays an equal reimbursementamount to each pharmacy that complies with Subsections (11)(d)(i) through (iii).
(e) The division may reimburse a pharmacy described in Subsection (11)(d)(iv) for anamount that is less than the reimbursement paid to other pharmacies described in Subsection(11)(d)(iv), if:
(i) the proof of costs for in-house programming provided by the pharmacy establishes acost less than the amount reimbursed to the other pharmacies; and
(ii) the amount reimbursed to the pharmacy is equal to the amount established by theproof of costs for in-house programming submitted by the pharmacy.
(f) Notwithstanding any other provision of this section, the division may, by rule, allowup to 24 hours for the reporting of data to the database by a non-resident pharmacy, as defined in
Section 58-17b-102.
Renumbered and Amended by Chapter 287, 2010 General Session