[House Report 107-545]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-545
======================================================================
MEDICARE MODERNIZATION AND PRESCRIPTION DRUG ACT OF 2002 (SECTION 921:
GRANTS TO HEALTH CARE PROVIDERS TO IMPLEMENT ELECTRONIC PRESCRIPTION
DRUG PROGRAMS)
_______
June 26, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Tauzin, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 4989]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 4989) to amend the Public Health Service Act to
provide for grants to health care providers to implement
electronic prescription drug programs, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
Statement of General Performance Goals and Objectives............ 2
New Budget Authority, Entitlement Authority, and Tax Expenditures 2
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 3
Advisory Committee Statement..................................... 3
Constitutional Authority Statement............................... 3
Applicability to Legislative Branch.............................. 3
Section-by-Section Analysis of the Legislation................... 3
Changes in Existing Law Made by the Bill, as Reported............ 3
Purpose and Summary
H.R. 4989 is intended to provide health care professionals
with funding to ensure that they can quickly implement programs
of electronic prescribing.
Background and Need for Legislation
Section 1860C(d)(3) requires that prescriptions be
submitted via electronic technology, except in emergency
circumstances. Electronic prescriptions are a highly effective
method to help reduce and often eliminate medication errors
that increase the costs to the health care system. Electronic
prescribing technologies also help to save beneficiaries on
each prescription by aiding in formulary compliance. Many
health care practitioners are using, or are planning to use,
electronic prescribing technology. The Committee believes that
it is important to provide funding to health care professionals
so that they can quickly adopt electronic prescription
technologies into their practices.
Hearings
The Committee on Energy and Commerce has not held hearings
on the legislation.
Committee Consideration
On Thursday, June 20, 2002, the Full Committee met in open
markup session and favorably ordered reported a Committee Print
on Promotion of Electronic Prescription by voice vote, without
amendment, a quorum being present. Chairman Tauzin then
introduced H.R. 4989 to reflect the Committee's action.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 4989 reported. A motion by Mr. Tauzin to order H.R. 4989
reported to the House, without amendment, was agreed to by a
voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has not held oversight
or legislative hearings on this legislation.
Statement of General Performance Goals and Objectives
H.R. 4989 will provide grants to health care professionals
to help them acquire the necessary equipment and training
necessary to institute electronic prescribing programs into
their practices.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
4989, to amend the Public Health Service Act to provide for
grants to health care providers to implement electronic
prescription drug programs, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974, which is
included in the report to accompany H.R. 4984.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 is included in the report to
accompany H.R. 4984.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. The estimate is included in the report to accompany H.R.
4984.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 921. Program of Grants to Health Care Providers to Implement
Electronic Prescription Drug Programs
Section 921 authorizes the Secretary to make grants for the
purpose of assisting health care professionals who prescribe
drugs and biologicals in implementing electronic prescription
programs. Grants may only be made pursuant to a grant
application submitted in a time, manner, and form approved by
the Secretary. Such sums as are necessary are authorized to be
appropriated for FY 2004 to carry out this legislation.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
PUBLIC HEALTH SERVICE ACT
* * * * * * *
TITLE III--GENERAL POWERS AND DUTIES OF PUBLIC HEALTH SERVICE
* * * * * * *
PART P--ADDITIONAL PROGRAMS
* * * * * * *
SEC. 399O. GRANTS TO HEALTH CARE PROVIDERS TO IMPLEMENT ELECTRONIC
PRESCRIPTION DRUG PROGRAMS
(a) In General.--The Secretary is authorized to make grants
for the purpose of assisting health care providers who
prescribe drugs and biologicals in implementing electronic
prescription programs described in section 1860C(d)(3) of the
Social Security Act.
(b) Application.--No grant may be made under this section
except pursuant to a grant application that is submitted in a
time, manner, and form approved by the Secretary.
(c) Authorization of Appropriations.--There are authorized to
be appropriated for fiscal year 2004, such sums as may be
appropriate to carry out this section.
* * * * * * *