April 1 Effective Date for Certain Rx Written on Tamper-Resistant Pads

Posted March 2008

The federal requirement for tamper-resistant prescription forms goes into effect on April 1, 2008.

See the Ohio Medicaid policy here: www.ooanet.org/pdf/51013-9-06.pdf. The policy and other information will also be posted to the Ohio Department of Job & Family Services (ODJFS) website at http://jfs.ohio.gov/ohp/bhpp/omdp/POS.stm. ODJFS is mailing a Medical Assistance Letter to all pharmacies and prescribers.


** UPDATE **
On September 29, 2007, the President signed HR 3668, the "TMA, Abstinence Education, and QI Programs Extension Act of 2007." The bill also delays the implementation of the tamper-resistant requirement until April 1, 2008.

Watch the Ohio Department of Job & Family Services (ODJFS) website at www.jfs.ohio.gov/ohp/bhpp/omdp/POS.stm for updated information.

ODJFS will send a letter announcing the change to Ohio Medicaid pharmacy and prescribing providers, but due to the large number involved the letter will probably not be received until late October.

Posted September 26, 2007

Law Delayed Requiring Certain Rx Written on Tamper-Resistant Pads
Effective October 1, 2007, federal law requires all non-electronic prescriptions for Medicaid patients to be written on tamper-resistant pads.

To avoid hassles for your office and your Medicaid patients, make sure the prescription pads you have now comply with one or more of the following three requirements: 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.

Physicians may order tamper prescription pads (which meet all requirements) free of charge from www.medi-scripts-services.com. The pads are provided complimentary through arrangements with leading pharmaceutical manufacturers, but include occasional advertising for pharmaceutical products interlaced through the prescription pad. MediScripts can provide pads for individual physicians in all specialties, except surgery, where special group requirements apply. They do NOT provide individual pads for APNs or PAs. Call them at 800-387-3636 for more information or visit the MediScript website.

For those physicians who are used to printing their own prescriptions and prefer customized, non-commercial pads, another possible source is Rx Pads, Inc. This company has the tamper proof "security" pads that meet all the standards and offer pads in varying quantities with greater discounts the more you order. For example, they charge $33.95 plus shipping for 10 pads. For more information check their website at www.rxpads.com/2007/Index.aspx or call 800-307-7717.

Save your office and your patients hassles from the pharmacies, who are required to enforce the federal requirements under penalty of law. If a patient presents a non-compliant written prescription on or after October 1, 2007, the pharmacy may provide an emergency fill of the drug if the prescriber provides the pharmacy with a verbal faxed, electronic or compliant written prescription within 72 hours after the date on which the prescription was filled. By October 1, 2008, to be considered tamper resistant, the prescription pad must contain all of the characteristics listed above.

In September 2007, the OOA signed-onto a letter from the National Medicaid Medical Directors Association to Congress as a supporting organization requesting a delay in the implementation of the tamper-proof prescription pad requirement. Although several initiatives are underway in Congress to delay implementation, it is doubtful whether any of the provisions can be implemented.

The Centers for Medicare & Medicaid Services (CMS) has developed a frequently asked questions document to assist states in implementation. View it and other information at www.cms.hhs.gov/center/intergovernmental.asp.

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