Congress is considering legislation that would lessen the impact of a newly passed law requiring physicians to start using electronic prescribing or tamper-resistant prescription pads for their Medicaid patients as of Oct. 1.
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Legislation Seeks Changes in Tamper-Proof Prescription Pad Law
Rep. Charlie Wilson, D-Ohio, introduced H. R. 3090, (at the THOMAS web site, type HR 3090 in the search box after selecting "Bill Number") which would change the law so that it applies only to Schedule II narcotic drugs. Meanwhile, Sen. Sherrod Brown, D-Ohio, has introduced a similar bill, S.B. 2013, (at the THOMAS web site, type S. 2013 in the search box after selecting "Bill Number") which would delay full implementation of the law until April 2009. Under Brown's legislation, the new law would apply only to Schedule II drugs on Oct. 1; it would not pertain to all Medicaid prescriptions until April 2009.
H.R. 3090, now pending in the House Energy and Commerce Committee, has 42 co-sponsors; S.B. 2013, which is in the Finance Committee, has one co-sponsor.
The law that requires use of electronic prescribing or tamper-resistant prescription pads was passed in late July as part of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007. It will deny federal reimbursement to states for Medicaid patients' prescriptions that are not written on tamper-resistant prescription pads as of Oct. 1. The requirement will save $510 million in Medicaid prescription fraud during a 10-year period, according to HHS.
But physicians and pharmacists have criticized the new measure, saying it provides too little time to prepare for implementation and will result in additional administrative burdens and costs for physicians and pharmacists. That, in turn, could discourage physicians from treating Medicaid patients.
"The idea that you can force physicians or states to implement this significant of a change in two months is ludicrous," said Tom Banning, director of government relations at the Texas AFP, about the Oct. 1 deadline. "Secondly, the fact that the feds are dumping the financial responsibility on the states to implement this is ridiculous."
Banning said the federal government should delay implementation of the new law until after it convenes a meeting of stakeholders to address the policy objectives and goals of the measure.
"The first step is to bring a stakeholder group of pharmacists and physicians together to talk about a process that would make sense to ensure that physicians write scripts for Medicaid patients without additional hassles and costs," said Banning.
Vince Keenan, executive vice president of the Illinois AFP, said the new law "is a great idea that is heading in the right direction." But he criticized the Oct. 1 deadline as too soon, saying it "just sends tsunami waves through the practice system."
"I think postponing would be a good thing at the present because people want more of an opportunity to get ready for it," agreed Karen Brenke, executive vice president of the Massachusetts AFP.
It is unlikely that Congress will pass either H.R. 3090 or S.B. 2013 as a stand-alone provision -- there are less than 15 legislative days left before the end of the current fiscal year on Sept. 30. Congressional members could, however, pass the House and Senate bills as part of a larger bill or a regulatory fix.
"Congressman Wilson remains hopeful that a fix can happen because it is a top priority for him," said Hillary Viers, communications director for Wilson.
Wilson represents Ohio's sixth district, a predominantly rural area with several independent pharmacies, giving him a vested interest in overturning the law.
"This definitely puts patients at risk if pharmacies have to turn them away," Viers explained. "If they don't turn them away, then the pharmacists risk not being reimbursed for dispensing prescriptions not on tamper-proof pads. Many of our rural, independently-owned pharmacies just can't afford that. It'll force them out of business."
H.R. 3090, now pending in the House Energy and Commerce Committee, has 42 co-sponsors; S.B. 2013, which is in the Finance Committee, has one co-sponsor.
The law that requires use of electronic prescribing or tamper-resistant prescription pads was passed in late July as part of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007. It will deny federal reimbursement to states for Medicaid patients' prescriptions that are not written on tamper-resistant prescription pads as of Oct. 1. The requirement will save $510 million in Medicaid prescription fraud during a 10-year period, according to HHS.
But physicians and pharmacists have criticized the new measure, saying it provides too little time to prepare for implementation and will result in additional administrative burdens and costs for physicians and pharmacists. That, in turn, could discourage physicians from treating Medicaid patients.
"The idea that you can force physicians or states to implement this significant of a change in two months is ludicrous," said Tom Banning, director of government relations at the Texas AFP, about the Oct. 1 deadline. "Secondly, the fact that the feds are dumping the financial responsibility on the states to implement this is ridiculous."
Banning said the federal government should delay implementation of the new law until after it convenes a meeting of stakeholders to address the policy objectives and goals of the measure.
"The first step is to bring a stakeholder group of pharmacists and physicians together to talk about a process that would make sense to ensure that physicians write scripts for Medicaid patients without additional hassles and costs," said Banning.
Vince Keenan, executive vice president of the Illinois AFP, said the new law "is a great idea that is heading in the right direction." But he criticized the Oct. 1 deadline as too soon, saying it "just sends tsunami waves through the practice system."
"I think postponing would be a good thing at the present because people want more of an opportunity to get ready for it," agreed Karen Brenke, executive vice president of the Massachusetts AFP.
It is unlikely that Congress will pass either H.R. 3090 or S.B. 2013 as a stand-alone provision -- there are less than 15 legislative days left before the end of the current fiscal year on Sept. 30. Congressional members could, however, pass the House and Senate bills as part of a larger bill or a regulatory fix.
"Congressman Wilson remains hopeful that a fix can happen because it is a top priority for him," said Hillary Viers, communications director for Wilson.
Wilson represents Ohio's sixth district, a predominantly rural area with several independent pharmacies, giving him a vested interest in overturning the law.
"This definitely puts patients at risk if pharmacies have to turn them away," Viers explained. "If they don't turn them away, then the pharmacists risk not being reimbursed for dispensing prescriptions not on tamper-proof pads. Many of our rural, independently-owned pharmacies just can't afford that. It'll force them out of business."
Related ANN Coverage
CMS Describes Rules for Tamper-Resistant Prescriptions
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Law to Make Prescriptions Tamper-Proof Raises Concerns
(7/10/2007)
CMS Describes Rules for Tamper-Resistant Prescriptions
(8/24/2007)
Law to Make Prescriptions Tamper-Proof Raises Concerns
(7/10/2007)
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