Medicaid Tamper-Resistant Prescription Pad Law Now in Effect
04/17/2008As of April 1, 2008, Medicaid outpatient drugs that are non-electronic prescriptions must be executed on tamper-resistant prescription pads in order to be reimbursable by the federal government. The law was passed and is a part of Section 7002(b) of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007. The original implementation date was intended to be October 1, 2007, but was delayed for six months by Congress on September 27, 2007, in order to give physicians and pharmacists time to comply with the new requirements.
The Centers for Medicare and Medicaid Services has outlined specified characteristics that states must require to be present on all Medicaid non-electronic prescription pads. To be considered tamper resistant on April 1, 2008, the prescription pad must contain at least one of the three following required characteristics:
- One or more industry-recognized features designed to prevent unauthorized copying of a completed or blank prescription pad
- One or more industry-recognized features designed to prevent the erasure or modification of information written on the prescription pad by the prescriber
- One or more industry-recognized features designed to prevent the use of counterfeit prescription forms
By October 1, 2008, all three characteristics must be present on non-electronic prescription pads in order to be considered tamper resistant by a state.
The requirements do not apply when the prescription is communicated by a prescriber to a pharmacist electronically, verbally or by fax. Furthermore, the requirements do not apply when a managed care entity pays for the prescription, or in most situations when drugs are provided in certain institutional and clinical facilities. Emergency fills are permitted so long as a prescriber provides a verbal, faxed, electronic or compliant written prescription within 72 hours.
