Assembly Bill A8849

                             
                     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.