Section 182-530-1075 - Requirements - Use of tamper-resistant prescription pads(1) The medicaid agency requires providers to use tamper-resistant prescription pads or paper for written outpatient prescriptions, including over-the-counter drugs, for Washington apple health clients.(2) This requirement applies to all outpatient prescription drugs, including: (a) Prescriptions when medicaid is primary or secondary payer (including medicare Part D prescriptions).(b) Signed hardcopy prescriptions given to a client, whether handwritten or computer-generated.(3) This requirement does not apply to: (a) Prescriptions paid for by Washington's healthy options (HO) program or other agency-contracted managed care organizations.(b) Prescription drugs that are part of the per diem or bundled rate and not reimbursed separately in designated institutional or clinical settings, such as a nursing facility, ICF/MR, dental office, hospice, or radiology. For example, a morphine prescription used to control a hospice client's cancer pain is covered under the hospice per diem rate and therefore the tamper-resistant prescription requirement is not required.(c) Telephone, fax, or electronic prescriptions.(d) Refill prescriptions, if the original written prescriptions were presented at a pharmacy before April 1, 2008.(e) Prescriber or clinic drug samples given directly to the client.(f) An institutional setting, as defined in WAC 182-500-0050, where the prescriber writes the order into the medical records and the orders go directly to the pharmacy.(4) Effective April 1, 2008, the tamper-resistant prescription pads and paper must meet at least one of the following industry recognized characteristics: (a) One or more features designed to prevent unauthorized copying of a completed or blank prescription form;(b) One or more features designed to prevent the erasure or modification of information written on the prescription by the prescriber; or(c) One or more features designed to prevent the use of counterfeit prescription forms.(5) Effective October 1, 2008, the tamper-resistant prescription pads and paper must contain all of the three characteristics in subsection (4) of this section.(6) If the written prescription is not on tamper-resistant paper, the pharmacy may provide the prescription on an emergency basis. The pharmacy must verify the prescription with the prescriber by telephone, fax, or electronic communication, or by physical receipt of a tamper-resistant written prescription within seventy-two hours of filling the prescription.(7) Federal controlled substance laws on controlled substances apply when prescribing or dispensing schedule II drugs.(8) Record retention requirements under WAC 182-502-0020 remain in effect. Additional documentation is required as follows: (a) Documentation by the pharmacy of verbal confirmation of a noncompliant written prescription.(b) Documentation by the pharmacy of verbal confirmation about the authenticity of the tamper-resistant prescription.(9) To submit a claim for a medicaid client retroactively certified for medicaid, the following applies:(a) The prescription must meet the tamper-resistant compliance requirement.(b) Refills that occur after the date on which the client is determined to be eligible require a new, tamper-resistant prescription in compliance with this WAC.(c) If the original order is not compliant with subsection (4) of this section, the pharmacy must obtain a verbal, faxed, or email confirmation of the prescription from the prescriber.(d) The pharmacy must reimburse the client under WAC 182-502-0160.(10) The pharmacy accepting a prescription transfer from another pharmacy must confirm the authenticity of the prescription by telephone or facsimile from the transferring pharmacy.Wash. Admin. Code § 182-530-1075
Amended by WSR 16-01-046, Filed 12/9/2015, effective 1/9/201611-14-075, recodified as §182-530-1075, filed 6/30/11, effective 7/1/11. Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.500 and Section 1903(i) of the Social Security Act (42 U.S.C. Section 1936b(i)(23)); Section 7002(b), U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 ( Pub.L. 110-28). 08-07-048, § 388-530-1075, filed 3/14/08, effective 4/14/08.