Congress Passes Legislation to Delay Implementation of
New Tamper-Resistant Prescription Pad Requirement
This week, the House and Senate approved legislation to delay
the implementation of the new requirement that tamper-resistant prescription pads be used for all Medicaid prescriptions written after September 30,
2007 by six months.
The Patient and Pharmacy Protection Act of 2007 (S 2085),
introduced in the Senate by Senators Sherrod Brown (D-OH) and George Voinovich (R-OH) on September 21, would delay implementation of the requirement
for tamper-resistant prescription pads for six months. The bill was passed by unanimous consent in the Senate on Tuesday. The House passed similar
legislation, introduced by Representative Charlie Wilson (D-OH) on Wednesday.
On August 17, the Center for Medicare and Medicaid Services
(CMS) Center for Medicaid and State Operations issued a letter and informational background document to State Medicaid Directors to provide guidance
on the new requirement that tamper-resistant prescription pads be used for all Medicaid prescriptions written after September 30, 2007. In the
letter, Dennis Smith, Director of the Center for Medicaid and State Operations, provided a brief overview of the section and outlined the
requirements for tamper-resistant prescription pads.
To be considered tamper resistant on October 1, 2007,
prescription pads must contain at least ONE of the following 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; and
3. One of more industry-recognized features designed to prevent
the use of counterfeit prescription forms.
By October 1, 2008, prescription pads must meet all THREE of
these characteristics to be considered tamper-resistant. States are also free to exceed these baseline standards to make their own determination as
to what constitutes an acceptable tamper-resistant prescription pad in their state. States are also encouraged to make their own determination
whether to allow pharmacists to accept an out-of-State prescription that meets the tamper-resistant requirements of another State. States that do not
enforce the tamper-resistant prescription pad requirement may lose Federal Medicaid funding.
The legislation heads to President Bush for final approval. The
President has not indicated whether he will sign or veto the bill.
To read the full State Medicaid Director letter online, click
here: www.cms.hhs.gov/SMDL/downloads/SMD081707.pdf
To read CMS’ Frequently Asked Questions (FAQ) document
on this topic, go to: www.cms.hhs.gov/DeficitReductionAct/Downloads/MIPTRPFAQs9122007.pdf
The National Council has been working with other provider
organizations on a legislative fix to this new requirement and will continue to keep you
updated on this important topic.
Chuck Ingoglia, MSW
Vice President, Public Policy
