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Implementation of New Federal Tamper Resistant Rx Pads

Effective October 1, 2007

Effective October 1, 2007
A new federal law requires that as of October 1, 2007, ALL written, non-electronic prescriptions for Medicaid outpatient drugs must be written on tamper-resistant pads in order to receive reimbursement from the federal government.

OPA has been working with ODJFS on this issue. OPA suggests periodically checking the ODJFS website at:�$$Link
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Recently, CMS provided initial guidance on the new federal law in a letter to State Medicaid agencies regarding the implementation of the tamper-resistant prescription pads.

To be considered tamper resistant on October 1, 2007, a prescription pad must contain at least one of the following three characteristics:

  1. one or more industry-recognized features designed to prevent unauthorized copying of a completed or blank prescription form;
  2. one or more industry-recognized features designed to prevent the erasure or modification of information written on the prescription by the prescriber; or
  3. one or more industry-recognized features designed to prevent the use of counterfeit prescription forms.

By October 1, 2008, states must require all of the three characteristics on prescription pads in order for them to be considered tamper-resistant.

CMS also outlined situations where the new requirement would not apply. The new federal requirement does not apply:

  1. when the prescription is communicated by the prescriber to the pharmacy electronically, verbally, or by fax;
  2. refills of written prescriptions presented at a pharmacy before October 1, 2007;
  3. when a managed care entity pays for the prescription; or
  4. in most situations when drugs are provided in certain institutional and clinical facilities (e.g., physician office or hospital outpatient or emergency department).

In addition, CMS states that emergency fills will be allowed as long as a prescriber provides a verbal, faxed, electronic, or compliant written prescription within 72 hours.

To view the entire letter from CMS, $$Link
Click here

This week, CMS released FAQ's regarding the new Tamper Resistant Requirement. $$Link
Frequently Asked Questions and Answers from CMS.

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