S-2666 : Still Just a Bill

The Electronic Prescribing for Controlled Substances Act (EPCS 2.0 Act) or S.2666 is a bill introduced in the Senate on July 27, 2023. The bill aims to mandate electronic prescribing for controlled substances under group health plans and group and individual health insurance coverage.

• Key Provisions:
• Requires group health plans and health insurance issuers to implement policies mandating electronic transmission of prescriptions for Schedule II, III, IV, and V controlled substances by January 1, 2025.
• Establishes exceptions for certain circumstances, such as technological failures, hospice care, nursing facility residents, and public health emergencies.
• Includes rules of construction to protect patient choice and ensure that dispensers are not required to verify prescriber waivers.
• Prohibits health plans and insurers from penalizing dispensers for prescriptions not electronically issued or requiring them to submit extra data to confirm practitioner compliance.
• Mandates consultation with dispensers, state insurance regulators, and health care practitioners during the rulemaking process.
• Amends:
• Public Health Service Act
• Employee Retirement Income Security Act of 1974
• Internal Revenue Code of 1986