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H.R. 5591: SHIELDS Act

The text of the bill below is as of Apr 24, 2018 (Introduced).


I

115th CONGRESS

2d Session

H. R. 5591

IN THE HOUSE OF REPRESENTATIVES

April 24, 2018

(for himself and Mr. Moulton) introduced the following bill; which was referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to direct the Secretary of Defense to establish a prescription drug monitoring program.

1.

Short title

This Act may be cited as the Sharing Health Information to Ensure Lifesaving Drug Safety Act or the SHIELDS Act.

2.

Sharing information with State prescription drug monitoring programs

(a)

Establishment

Section 1074g of title 10, United States Code, is amended—

(1)

by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and

(2)

by inserting after subsection (f) the following new subsection:

(g)

Sharing information with State prescription drug monitoring programs

(1)

The Secretary shall establish and operate a prescription drug monitoring program (to be known as the Military Health System Prescription Drug Monitoring Program) for prescription drugs provided through facilities of the uniformed services.

(2)

The Secretary shall ensure that the program established under paragraph (1)—

(A)

is comparable to prescription drug monitoring programs operated by States, including such programs approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3); and

(B)

covers prescription drugs provided under the pharmacy benefits program that are controlled substances.

(3)
(A)

In carrying out the program established under paragraph (1), the Secretary shall establish appropriate procedures for sharing between the program and State prescription drug monitoring programs patient-specific information regarding prescription drugs that are controlled substances to prevent the misuse and diversion of opioid medications and other controlled substances.

(B)

For purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 42 U.S.C. 1320d–2 note), any disclosure of patient-specific information by the Secretary under subparagraph (A) shall be treated as a permitted disclosure.

(C)

The Secretary shall include in the procedures established under subparagraph (A) appropriate safeguards, as determined by the Secretary, concerning the cybersecurity of information systems of the Department of Defense systems and the operational security of personnel of the Department.

(4)

In this subsection, the term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).

.

(b)

Briefing

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the program established under section 1074g(g) of title 10, United States Code, as added by subsection (a).

(c)

Conforming amendments

(1)

Title 10, United States Code

Section 1079(q) of title 10, United States Code, is amended by striking section 1074g(g) and inserting section 1074g(h).

(2)

FY16 NDAA

Section 715(e)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 1074g note) is amended by striking section 1074g(g) and inserting section 1074g(h).

(3)

FY17 NDAA

Section 745(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1074 note) is amended by striking section 1074g(g) and inserting section 1074g(h).