(a) (1) In this section the following words have the meanings indicated.
(2) “Dispenser” means a person authorized by law to dispense, as defined in § 12–101 of the Health Occupations Article, a prescription drug to a patient or the patient’s agent in the State.
(3) “Noncontrolled prescription drug” means a prescription drug, as defined in § 21–201 of this article, that is not a controlled dangerous substance designated under Title 5, Subtitle 4 of the Criminal Law Article.
(4) “State–designated health information exchange” has the meaning stated in § 4–301 of this article.
(b) The State–designated health information exchange shall operate as a health data utility for the State.
(c) The purposes of the health data utility include:
(1) The collection, aggregation, and analysis of clinical information, public health data, and health administrative and operations data to assist the Department, local health departments, the Commission, and the Health Services Cost Review Commission in the evaluation of public health interventions and health equity;
(2) The communication of data between public health officials and health care providers to advance disease control and health equity; and
(3) The enhancement and acceleration of the interoperability of health information throughout the State.
(d) Dispensers shall provide data to the State–designated health information exchange.
(e) (1) The purpose of this subsection is to:
(i) Authorize individuals and organizations involved in the treatment and care coordination of patients to access, as legally authorized, a patient’s medication history, including medications prescribed for the patient; and
(ii) Assist health care providers, care managers, the Department, and local health departments to understand and promote matters of health equity and treatment efficacy.
(2) After dispensing a noncontrolled prescription drug, a dispenser shall submit prescription information to the State–designated health information exchange.
(3) The prescription information shall be submitted:
(i) By electronic means;
(ii) Without unduly increasing the workload and expense on a dispenser;
(iii) In a manner that minimizes burden and duplication by being as compatible as possible with existing federal standards for data submission practices, including technology software of dispensers; and
(iv) As otherwise required by regulations adopted by the Commission.
(4) The State–designated health information exchange may not impose any fees or other assessments on dispensers to support the operation of the exchange.
(5) The State–designated health information exchange shall make prescription information submitted under this subsection available for purposes of treatment and care coordination of a patient.
(f) The State–designated health information exchange may provide data, as allowed by law, for public health purposes that may include:
(1) Improving health equity through access to prescription medications, including for the treatment of infectious disease;
(2) Assisting programs led by health care providers and the Department, local health departments, the Commission, and the Health Services Cost Review Commission to identify opportunities for quality improvement, including for stewardship of antibiotic medications; and
(3) Conducting case investigations and related activities.
(g) Information submitted to the State–designated health information exchange or provided by the State–designated health information exchange under this section shall be submitted or provided, to the extent practicable, in as near to real time as possible.
(h) (1) The Commission, in consultation with appropriate stakeholders, shall adopt regulations to carry out this section.
(2) The regulations shall take into account consumer perspective and include:
(i) The specific data required to be provided under subsection (d) of this section;
(ii) The specific prescription information required to be submitted under subsection (e) of this section;
(iii) The time frame for submitting prescription information under subsection (e) of this section;
(iv) The electronic means and manner by which prescription information is to be submitted under subsection (e) of this section;
(v) Prescription information submission requirements that align with the data submission requirements on dispensers of monitored prescription drugs under Title 21, Subtitle 2A of this article; and
(vi) Identification and necessary suppression of information related to providers or medications that are determined to have significant potential to cause harm.
(i) (1) The State–designated health information exchange shall establish a consumer advisory council to bring the perspectives of individuals and organizations with an interest in protecting consumers into the delivery of services provided by the State–designated health information exchange.
(2) In selecting members, the State–designated health information exchange shall consider diversity of experience.
(3) The consumer advisory council established under paragraph (1) of this subsection shall:
(i) Consist of a minimum of six members, including at least four consumer representatives and two staff representatives, and maintain a ratio of consumer representatives to nonconsumer representatives of at least two to one;
(ii) Identify and report consumer privacy concerns to senior leadership of the State–designated health information exchange;
(iii) Advise on efforts to educate consumers on data exchange policies, including options for consumers to opt out of disclosure of protected health information;
(iv) Meet at least 3 times each year; and
(v) Adopt and maintain a charter to be posted online that includes the purpose, members, and meeting schedule of the consumer advisory council.