Section 246-470-037 - Waiver for integrating electronic health record system with the prescription monitoring program(1) A facility, entity, office, or provider group that is subject to the prescription monitoring program integration mandate requirement in RCW 70.225.090(2)(a), and is experiencing an economic hardship, technological limitation, or other exceptional circumstances as stated in RCW 70.225.-090 (2)(b), may submit an attestation to the department for a waiver from the integration mandate. The attestation must be submitted on forms provided by the department. The waiver is deemed granted upon submission.(2) A facility, entity, office, or provider group that has been granted a waiver from the mandate in RCW 70.225.090(2)(a) shall be exempt from the prescription monitoring program integration mandate for the calendar year in which the attestation is received by the department beginning with the effective date of this section. (a) For economic hardship and technical limitation, a facility, entity, office, or provider group may submit up to three annual attestations, giving the facility, entity, office, or provider group up to three years to integrate its electronic health record with the prescription monitoring program.(b) There is no limit on the number of other exceptional circumstance waivers under subsection (3)(c) of this section that a facility, entity, office, or provider group may submit.(3) A facility, entity, office, or provider group may submit an attestation for a waiver from the mandate due to: (a) Economic hardship in the following circumstances: (i) A bankruptcy in the previous year or a waiver submitted under this chapter due to bankruptcy in the previous year;(ii) Opening a new practice after January 1, 2020;(iii) Operating a low-income clinic, that is defined as a clinic serving a minimum of thirty percent medicaid patients; or(iv) Intent to discontinue operating in Washington prior to December 31, 2022;(b) Technological limitations outside the control of the facility, entity, office, or provider group in the following circumstance: Integration of electronic health records system with the PMP through a method approved by the department is in process but has not yet been completed;(c) Other exceptional circumstances include:(i) Providing services as a free clinic;(ii) The internet speed or bandwidth required to integrate an electronic health record with the prescription monitoring program through a method approved by the department is not available;(iii) The technology to connect the electronic health record of the entity requesting the waiver to the prescription monitoring program through a method approved by the department does not exist;(iv) Fewer than one hundred prescriptions for Schedule II-V drugs are generated in a calendar year; or(v) Unforeseen circumstances that stress the practitioner or health care system in such a way that compliance is not possible. Examples may include, but are not limited to, natural disasters, widespread health care emergencies, unforeseen barriers to integration, or unforeseen events that result in a statewide emergency.Wash. Admin. Code § 246-470-037
Adopted by WSR 21-19-018, Filed 9/7/2021, effective 10/8/2021