HB2270

SECTION 1. Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§328- Dispensing refills for prescriptions during a state of emergency or disaster. (a) Any other law to the contrary notwithstanding, in the event of a declared state of disaster or state of emergency in the State, time restrictions on filling or refilling prescriptions for a prescription drug may be waived if requested by the covered person or subscriber. A prescription drug may be dispensed or refilled to:

(1) Obtain one refill on a prescription if there are authorized refills remaining; or

(2) Fill one replacement prescription for one that was recently filled, as prescribed or approved by the prescriber of the prescription that is being replaced and not contrary to the dispensing authority of the dispensing pharmacy.

(b) Payment to pharmacies for any prescription dispensed in accordance with subsection (a) shall be authorized by the insurer regardless of the date upon which the prescription had most recently been filled by a pharmacist, if:

(1) The governor declares a state of disaster or state of emergency in the State or the president of the United States declares a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5121, et seq., as amended;

(2) The covered person requesting coverage of the refill or replacement prescription resides in a county that is covered under a declaration of state of disaster or state of emergency issued by the governor or by a declaration of major disaster issued by the President of the United States; and

(3) The prescription drug is requested within twenty-nine days after the date of the declaration of disaster or emergency.

(c) The time period for the waiver of dispensing prescription drug refills may be extended in thirty day increments by an order issued by the director. Additional refills still remaining on a prescription shall be covered by the insurer as long as consistent with the orders of the prescriber or authority of the dispensing pharmacy.

(d) This section does not excuse or exempt an insured or subscriber from any other terms of the policy or certificate providing coverage for prescription medications.

(e) Quantity limitations shall be consistent with the original prescription and the extra or replacement fill may recognize proportionate dosage use prior to the disaster.

(f) No requirements additional to those under the pharmacy-provider agreement or the prescription benefit plan may be placed upon the provider for coverage of the replacement fill or extra fill.

(g) Nothing in this section is intended to affect the respective authority or scope of practice of prescribers or pharmacies."

SECTION 2. Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§461- Dispensing refills for prescriptions during a state of emergency or disaster. Time restrictions on dispensing refills of prescriptions may be waived and a prescription drug may be dispensed and refilled pursuant to section 328- ."

SECTION 3. Online emergency prescription database. (a) The director of health is directed to convene a collaborative work group to establish an online emergency prescription database to provide licensed prescribers and pharmacists caring for victims of a state of emergency or state of disaster with secure access to patients' comprehensive medication history. The work group shall convene no later than September 1, 2008, and shall include representatives of:

(1) Health care providers;

(2) Licensed prescribers;

(3) Pharmacists;

(4) Health care insurers;

(5) Health information technology hardware and software providers or developers;

(6) State medicaid programs;

(7) State and county agencies that coordinate or provide emergency medical systems;

(8) Health care facilities;

(9) The department of health;

(10) The department of human services;

(11) The insurance commissioner; and

(12) Consumers of prescription drugs.

(b) The work group shall review the establishment, implementation, and maintenance of the existing online resource, the In Case of Emergency Prescription Database (ICERx), at ICERx.org, and shall consult with the contributing partners of ICERx, the American Medical Association, Informed Decisions, the National Association of Chain Drug Stores, the National Community Pharmacists Association, RxHub, SureScripts, and other relevant public and private organizations on issues relating to the establishment and implementation of an online emergency prescription database. Currently, ICERx provides a centralized place to record and retrieve medication information on patients dislocated during a disaster and to improve information exchange between health care providers caring for these patients. After reviewing ICERx and consulting with its partners, the work group shall determine whether it would be more effective and practical to:

(1) Establish a similar online emergency prescription database in the State; or

(2) Mandate participation in ICERx by health care professionals, including licensed prescribers and pharmacists, and appropriate state and county agencies and develop an educational program relating to the access and availability of ICERx for consumers.

An emergency prescription database shall be operational in the State no later than July 1, 2009.

(c) The work group shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2009 on the establishment and implementation of an online emergency prescription database in the State. The work group shall cease to exist on June 30, 2009.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the establishment and implementation of an online emergency prescription database to provide licensed prescribers and pharmacists in the State with medication information for disaster victims.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2270
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII