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New CMS Policy
Part D Enrollees Guaranteed Stable Formularies
By News Staff
As a result, Medicare patients are assured of continued coverage for drugs that had been on a plan's formulary when the patient enrolled. The previous policy allowed plans to change their formularies by dropping drugs, changing copayments or instituting utilization management requirements every 30 days. Patients, however, could not change their Part D plans for a year.
To date, CMS has received 4,600 requests from drug plans wanting to change their formularies, said CMS Administrator Mark McClellan, M.D., Ph.D., in an April 26 article in The New York Times. Of that number, about 3,100 involved adding drugs or making small changes, and 1,500 involved significant changes that would be affected by the new policy, which already has gone into effect.
The new policy responds to patient advocates' and lawmakers' concerns about possible "bait-and-switch" ploys, in which Part D plans could promise coverage of a particular drug to potential enrollees but then drop coverage for that drug after patients had signed up for the plan.
"Medicare beneficiaries select Part D plans, in part, based on the formulary that is marketed during annual open enrollment and, therefore, have a legitimate expectation that they will have continuing access to coverage of the Part D drugs they are using throughout the plan year," the memorandum says.
The new policy will be in effect at least through 2006, and CMS "expects that Part D plans will continue to comply with this policy in 2007 and subsequent plan years, and will include such assurances in their future bids and contracts," says the memorandum.
On April 27, Sen. Max Baucus, D-Mont., ranking minority member of the Senate Finance Committee, introduced the Medicare Prescription Drug Simplification Act of 2006, S. 2665, a bill designed to simplify choices, stabilize formularies and increase plan transparency. Among the bills' provisions:
- the Secretary of HHS will develop uniform types of benefit packages, with uniform marketing and patient education language, that insurers can begin offering in 2008;
- formularies will be stable, consistent and transparent across all drug plans;
- drug plans cannot remove or limit access to drugs during the plan year except when generic equivalents become available or drugs are deemed unsafe; and
- plans will provide detailed information about their formularies, including cost and use restrictions, in standardized formats so patients can compare plans easily.
Medicare Prescription Drug Coverage (Medicare Part D)
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