PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2089
‘‘(II) the application of any differences in benefits or payments under such a plan based on the pharmacy dispensing a covered part D drug. ‘‘(4) DEVELOPMENT, PROMULGATION, AND MODIFICATION OF STANDARDS.— ‘‘(A) INITIAL STANDARDS.—Not later than September 1, 2005, the Secretary shall develop, adopt, recognize, or modify initial uniform standards relating to the requirements for electronic prescription drug programs described in paragraph (2) taking into consideration the recommendations (if any) from the National Committee on Vital and Health Statistics (as established under section 306(k) of the Public Health Service Act (42 U.S.C. 242k(k))) under subparagraph (B). ‘‘(B) ROLE OF NCVHS.—The National Committee on Vital and Health Statistics shall develop recommendations for uniform standards relating to such requirements in consultation with the following: ‘‘(i) Standard setting organizations (as defined in section 1171(8)) ‘‘(ii) Practicing physicians. ‘‘(iii) Hospitals. ‘‘(iv) Pharmacies. ‘‘(v) Practicing pharmacists. ‘‘(vi) Pharmacy benefit managers. ‘‘(vii) State boards of pharmacy. ‘‘(viii) State boards of medicine. ‘‘(ix) Experts on electronic prescribing. ‘‘(x) Other appropriate Federal agencies. ‘‘(C) PILOT PROJECT TO TEST INITIAL STANDARDS.— ‘‘(i) IN GENERAL.—During the 1-year period that begins on January 1, 2006, the Secretary shall conduct a pilot project to test the initial standards developed under subparagraph (A) prior to the promulgation of the final uniform standards under subparagraph (D) in order to provide for the efficient implementation of the requirements described in paragraph (2). ‘‘(ii) EXCEPTION.—Pilot testing of standards is not required under clause (i) where there already is adequate industry experience with such standards, as determined by the Secretary after consultation with effected standard setting organizations and industry users. ‘‘(iii) VOLUNTARY PARTICIPATION OF PHYSICIANS AND PHARMACIES.—In In order to conduct the pilot project under clause (i), the Secretary shall enter into agreements with physicians, physician groups, pharmacies, hospitals, PDP sponsors, MA organizations, and other appropriate entities under which health care professionals electronically transmit prescriptions to dispensing pharmacies and pharmacists in accordance with such standards. ‘‘(iv) EVALUATION AND REPORT.— ‘‘(I) EVALUATION.—The Secretary shall conduct an evaluation of the pilot project conducted under clause (i).
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