From the National Association of State Medicaid Directors
State Medicaid Directors Urge Delay
September 19th, 2007State Medicaid Director Letter (SMD)
August 20th, 2007Review of Tamper-Resistant Security Guidelines – Exemptions
August 19th, 2007A quick review of the CMS guideline to State Medicaid Directors:
The tamper-resistant pad requirement does not apply to refills of written prescriptions presented at a pharmacy before October 1, 2007. In addition, the payment limitation does not apply when:
- e-prescriptions are transmitted to the pharmacy
- prescriptions are faxed to the pharmacy
- prescriptions are communicated to the pharmacy by telephone by a prescriber.
- when a managed care entity pays for the prescription.
It does not restrict emergency fills of non-controlled or controlled dangerous substances for which a prescriber provides the pharmacy with a verbal, faxed, electronic, or compliant written prescription within 72 hours after the date on which the prescription was filled.
Tamper Resistant Prescription Paper Requirements
August 18th, 2007Further guidelines on what is “tamper-resistant”:
There are two time tables in place, with the first deadline fast-approaching.
To be considered tamper resistant on October 1, 2007, a prescription pad must contain at least one of the following three characteristics:
- one or more industry-recognized features designed to prevent unauthorized copying of a completed or blank prescription form;
- one or more industry-recognized features designed to prevent the erasure or modification of information written on the prescription by the prescriber;
- one or more industry-recognized features designed to prevent the use of counterfeit prescription forms.
In order to be considered tamper-resistant after October 1, 2008, a prescription pad must contain all of the above three characteristics.
States are free to exceed the above baseline standard as to what constitutes a tamper-resistant prescription pad.
All of the states that currently have laws and regulations concerning mandatory, tamper-resistant prescription pad programs, which were in effect prior to the passage of section 7002(b) meet or exceed the baseline standard, so no changes are required in those states.
CMS Issues Guidance on Medicaid Prescription Requirement
August 17th, 2007CMS issued a guidance to State Medicaid Directors.
http://www.cms.hhs.gov/SMDL/downloads/SMD081707.pdf
Implementation of Tamper-Resistant Security Pads is October 1, 2007
July 27th, 2007The spending bill that was recently passed by the federal government had
a provision attached which requires all Medicaid prescriptions be
written on a tamper resistant prescription form. This provision requires
implementation by October 1st, 2007.
Under this provision, it does notdefine what security features must be present to be considered “Tamper Resistant”, so it is up to state legislators to determine what their states guidelines will be.
There are currently 9 states which have mandated security features already
implemented. (IN, NJ, KY, FL, WV, ME, CA, WY & NY). Those states will
probably not be required to make any changes to their current design
requirements.
That means that 41 states will have to draft and pass legislation to comply with this Federal mandate by October 1st.
Concern Raised about Rx Security Requirements
July 10th, 2007From the American Academy of Family Physicians:
Tamper-Resistant Prescriptions? It’s in there somewhere…
June 3rd, 2007Rx Security Requirement Coming
June 2nd, 2007A new law requiring tamper-resistant pads for Medicaid prescriptions was recently passed which requires written Medicaid prescriptions be on security paper.
It was slipped into a military spending law Congress adopted in late May. The rules focus on written orders, not verbal, faxed or electronically transmitted prescriptions.
CMS exempted from the law prescriptions paid for by Medicaid managed care organizations and those for patients in nursing homes and other institutions, which together constitute a large chunk of Medicaid prescriptions.
The guidance also allows pharmacists to fill drug orders on an emergency basis as long as the prescriber follows up with a verbal, faxed or compliant written prescription within three days.
Guidelines are expected soon.