Assembly Bill A8849B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8849
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend  the  public health law, in relation to requiring the
   department of health to facilitate the exchange of  data  between  the
   state prescription drug program and electronic health records

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 1 of  section  3343-a  of  the
 public health law, as added by section 2 of part A of chapter 447 of the
 laws of 2012, is amended to read as follows:
   (c)  The  registry shall be secure, easily accessible by practitioners
 and pharmacists, and compatible  with  the  electronic  transmission  of
 prescriptions  for  controlled  substances,  as  required by section two
 hundred eighty-one of this chapter, and section sixty-eight hundred  ten
 of  the education law, and any regulations promulgated pursuant thereto.
 To the extent practicable, implementation of the electronic transmission
 of prescriptions for controlled substances  shall  serve  to  streamline
 consultation   of   the  registry  by  practitioners  and  reporting  of
 prescription information by pharmacists. The registry shall be  interop-
 erable  with  other  similar  registries  operated  by  federal or state
 governments, to the extent deemed appropriate by the  commissioner,  and
 subject  to the provisions of section thirty-three hundred seventy-one-a
 of this article. THE COMMISSIONER SHALL PROMULGATE REGULATIONS  ALLOWING
 FOR  ANY  ELECTRONIC  HEALTH  RECORDS INTEGRATION VENDOR TO OBTAIN STATE
 APPROVAL TO FACILITATE INTEROPERABILITY BETWEEN  THE PRESCRIPTION  MONI-
 TORING  PROGRAM REGISTRY AND CERTIFIED ELECTRONIC HEALTH RECORDS SYSTEMS
 THAT CAN CONNECT WITH ANY NATIONAL  DATA  SHARING  HUB.  SUCH  APPROVALS
 SHOULD  OPTIMIZE  THE  ABILITY  OF PRESCRIBERS AND PHARMACISTS TO CHOOSE
 THEIR DESIRED INTEGRATION TECHNOLOGY AT NO ADDITIONAL COST TO THE STATE.
 SUCH INTEROPERABILITY SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13297-01-5
 A. 8849                             2
              

 
   (I) ENABLE PRESCRIBERS AND  PHARMACISTS  TO  ACCESS  THE  PRESCRIPTION
 MONITORING  PROGRAM REGISTRY DATA DIRECTLY THROUGH THEIR CERTIFIED ELEC-
 TRONIC HEALTH RECORDS SYSTEM OR PHARMACY DISPENSING SOFTWARE,  INCLUDING
 VIA  INTEGRATION TECHNOLOGY IN PLACE BETWEEN THE PRESCRIPTION MONITORING
 PROGRAM  REGISTRY OR NATIONAL DATA SHARING HUB AND THEIR CERTIFIED ELEC-
 TRONIC HEALTH RECORDS SYSTEM OR PHARMACY DISPENSING SOFTWARE;
   (II) ENABLE PRESCRIBERS AND PHARMACISTS TO VISUALIZE THE  PRESCRIPTION
 MONITORING PROGRAM REGISTRY DATA IN AN INTEGRATED MANNER;
   (III)  MAINTAIN  AN  INFORMATION  SECURITY  PROGRAM THAT COMPLIES WITH
 INDUSTRY-STANDARD SECURITY AND PRIVACY FRAMEWORKS;  SPECIFICALLY,  MAIN-
 TAIN  A  CURRENT  SOC  2  TYPE II ATTESTATION PERFORMED BY A THIRD-PARTY
 AUDITOR; AND MAINTAIN HITRUST CSF CERTIFICATION  OR  DEMONSTRATE  EQUIV-
 ALENT CONTROLS CONSISTENT WITH THE HITRUST FRAMEWORK;
   (IV)  ENSURE  SECURE  TRANSMISSION  AND ACCESS TO DATA CONSISTENT WITH
 APPLICABLE STATE AND FEDERAL PRIVACY LAWS, INCLUDING THE  HEALTH  INSUR-
 ANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA); AND
   (V) IN ORDER TO MAXIMIZE EFFICIENCY AND LIMIT COSTS, BE ENABLED TO THE
 GREATEST  EXTENT  POSSIBLE  THROUGH THE EXISTING PRESCRIPTION MONITORING
 PROGRAM TECHNOLOGY INFRASTRUCTURE.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8849--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced  by M. of A. McDONALD, LUNSFORD, KAY, LUPARDO, PAULIN, STECK,
   BUTTENSCHON, SEAWRIGHT, ANGELINO, K. BROWN, MAHER, JENSEN,  P. CARROLL
   --  read  once  and  referred  to the Committee on Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the public health law,  in  relation  to  requiring  the
   department  of  health  to facilitate the exchange of data between the
   state prescription drug program and electronic health records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of subdivision 1 of section 3343-a of the
 public health law, as added by section 2 of part A of chapter 447 of the
 laws of 2012, is amended to read as follows:
   (c) The registry shall be secure, easily accessible  by  practitioners
 and  pharmacists,  and  compatible  with  the electronic transmission of
 prescriptions for controlled substances,  as  required  by  section  two
 hundred  eighty-one of this chapter, and section sixty-eight hundred ten
 of the education law, and any regulations promulgated pursuant  thereto.
 To the extent practicable, implementation of the electronic transmission
 of  prescriptions  for  controlled  substances shall serve to streamline
 consultation  of  the  registry  by  practitioners  and   reporting   of
 prescription  information by pharmacists. The registry shall be interop-
 erable with other  similar  registries  operated  by  federal  or  state
 governments,  to  the extent deemed appropriate by the commissioner, and
 subject to the provisions of section thirty-three hundred  seventy-one-a
 of  this article. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ALLOWING
 FOR ANY ELECTRONIC HEALTH RECORDS INTEGRATION  VENDOR  TO  OBTAIN  STATE
 APPROVAL  TO FACILITATE INTEROPERABILITY BETWEEN  THE PRESCRIPTION MONI-
 TORING PROGRAM REGISTRY AND CERTIFIED ELECTRONIC HEALTH RECORDS  SYSTEMS
 THAT  CAN  CONNECT  WITH  ANY  NATIONAL DATA SHARING HUB. SUCH APPROVALS
 SHOULD OPTIMIZE THE ABILITY OF PRESCRIBERS  AND  PHARMACISTS  TO  CHOOSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13297-02-5
              

 A. 8849--A                          2
 
 THEIR DESIRED INTEGRATION TECHNOLOGY AT NO ADDITIONAL COST TO THE STATE.
 SUCH INTEROPERABILITY SHALL:
   (I)  ENABLE  PRESCRIBERS  AND  PHARMACISTS  TO ACCESS THE PRESCRIPTION
 MONITORING PROGRAM REGISTRY DATA DIRECTLY THROUGH THEIR CERTIFIED  ELEC-
 TRONIC  HEALTH RECORDS SYSTEM OR PHARMACY DISPENSING SOFTWARE, INCLUDING
 VIA INTEGRATION TECHNOLOGY IN PLACE BETWEEN THE PRESCRIPTION  MONITORING
 PROGRAM  REGISTRY OR NATIONAL DATA SHARING HUB AND THEIR CERTIFIED ELEC-
 TRONIC HEALTH RECORDS SYSTEM OR PHARMACY DISPENSING SOFTWARE;
   (II) ENABLE PRESCRIBERS AND PHARMACISTS TO VISUALIZE THE  PRESCRIPTION
 MONITORING PROGRAM REGISTRY DATA IN AN INTEGRATED MANNER;
   (III)  MAINTAIN  AN  INFORMATION  SECURITY  PROGRAM THAT COMPLIES WITH
 INDUSTRY-STANDARD SECURITY AND PRIVACY FRAMEWORKS;  SPECIFICALLY,  MAIN-
 TAIN  A  CURRENT  SOC  2  TYPE II ATTESTATION PERFORMED BY A THIRD-PARTY
 AUDITOR; AND MAINTAIN HITRUST CSF CERTIFICATION  OR  DEMONSTRATE  EQUIV-
 ALENT CONTROLS CONSISTENT WITH THE HITRUST FRAMEWORK;
   (IV)  ENSURE  SECURE  TRANSMISSION  AND ACCESS TO DATA CONSISTENT WITH
 APPLICABLE STATE AND FEDERAL PRIVACY LAWS, INCLUDING,  BUT  NOT  LIMITED
 TO,  THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) AND
 PARAGRAPH (D) OF THIS SUBDIVISION; AND
   (V) IN ORDER TO MAXIMIZE EFFICIENCY AND LIMIT COSTS, BE ENABLED TO THE
 GREATEST EXTENT POSSIBLE THROUGH THE  EXISTING  PRESCRIPTION  MONITORING
 PROGRAM TECHNOLOGY INFRASTRUCTURE.
   § 2. This act shall take effect immediately.