Tamper-Resistance Prescription Clarification

Several members have asked for clarification regarding the following situations:

  • a practice uses an EMR with eprescribing capability or an independent eprescribing program
  • the practice is not able to call in, electronically submit or fax the prescription to the pharmacy e.g. the Medicaid patient doesn't know which pharmacy he/she will go to fill the prescription
  • the eprescribing software prints out the prescription on non tamper-resistant paper
  • the physician signs the prescription and gives it to the patient

An inquiry was sent to CMS for clarification and the response was as follows:

CMS' interpretation of this situation is that since the paper prescription is not on tamper-resistant paper, the prescription does not qualify for payment unless it falls under one of the exceptions mentioned in the guidance letter.

Note that there is legislation attempting to delay implementation of these regulations. Since the regulations were basically defined by legislation, it will take new legislation to effect change. The likelihood of the passage of such legislation in a timely manner/before the October 1 deadline is very questionable.

A summary of the CMS Guidance statement is attached.

September 4, 2007

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