ISMA e-Reports, February 25, 2008

Medicaid's tamper-resistant prescription rule takes effect April 1

A federal mandate requires all Medicaid non-electronic prescriptions for covered outpatient drugs to appear on tamper-resistant prescription pads (TRPP) beginning April 1. The requirement was postponed from its original Oct. 1, 2007, deadline.

The new ruling does not apply to e-prescriptions, or faxed or telephoned prescriptions. Exceptions also are provided for drugs prescribed in nursing facilities, intermediate care facilities for the mentally disabled, and other specified institutional and clinical settings. However, the statute does apply to ambulatory surgery centers. 

The new federal TRPP requirement does not apply when a managed care entity pays for the prescriptions. This includes Hoosier Healthwise and the Healthy Indiana Plan (except the high-risk portion of HIP, often referred to as ESP). However, federal law does not change state law currently in effect here.  

Indiana law already requires physicians to use security prescriptions for controlled substances (but not legend drugs). According to the Centers for Medicare & Medicaid Services, Indiana’s security prescriptions rules meet the new Medicaid TRPP requirement.

The Drug Enforcement Administration (DEA) has expressed concern that using TRPPs for all prescriptions for all patients could increase prescription fraud and diversion. The DEA Web site states: “DEA strongly opposes the use of a DEA registration number for any purpose other than the one for which it was intended, to provide certification of DEA registration in transactions involving controlled substances.”

Reminder of revised implementation date>>

Indiana Board of Pharmacy List of Approved Rx Pad Printers >>

Overview, the letter from CMS to state Medicaid directors and FAQ>>