Page:United States Statutes at Large Volume 117.djvu/2107

 117 STAT. 2088

PUBLIC LAW 108–173—DEC. 8, 2003 carry out this subparagraph, the program shall provide for the electronic transmittal in a manner similar to the manner under subparagraph (A) of information that relates to the medical history concerning the individual and related to a covered part D drug being prescribed or dispensed, upon request of the professional or pharmacist involved. ‘‘(C) LIMITATIONS.—Information shall only be disclosed under subparagraph (A) or (B) if the disclosure of such information is permitted under the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ‘‘(D) TIMING.—To the extent feasible, the information exchanged under this paragraph shall be on an interactive, real-time basis. ‘‘(3) STANDARDS.— ‘‘(A) IN GENERAL.—The Secretary shall provide consistent with this subsection for the promulgation of uniform standards relating to the requirements for electronic prescription drug programs under paragraph (2). ‘‘(B) OBJECTIVES.—Such standards shall be consistent with the objectives of improving— ‘‘(i) patient safety; ‘‘(ii) the quality of care provided to patients; and ‘‘(iii) efficiencies, including cost savings, in the delivery of care. ‘‘(C) DESIGN CRITERIA.—Such standards shall— ‘‘(i) be designed so that, to the extent practicable, the standards do not impose an undue administrative burden on prescribing health care professionals and dispensing pharmacies and pharmacists; ‘‘(ii) be compatible with standards established under part C of title XI, standards established under subsection (b)(2)(B)(i), and with general health information technology standards; and ‘‘(iii) be designed so that they permit electronic exchange of drug labeling and drug listing information maintained by the Food and Drug Administration and the National Library of Medicine. ‘‘(D) PERMITTING USE OF APPROPRIATE MESSAGING.— Such standards shall allow for the messaging of information only if it relates to the appropriate prescribing of drugs, including quality assurance measures and systems referred to in subsection (c)(1)(B). ‘‘(E) PERMITTING PATIENT DESIGNATION OF DISPENSING PHARMACY.— ‘‘(i) IN GENERAL.—Consistent with clause (ii), such standards shall permit a part D eligible individual to designate a particular pharmacy to dispense a prescribed drug. ‘‘(ii) NO CHANGE IN BENEFITS.—Clause (i) shall not be construed as affecting— ‘‘(I) the access required to be provided to pharmacies by a prescription drug plan; or

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