On Wednesday, March 22, 2006, Dennis Smith, Director of the Center for Medicaid and State Operations within the Centers for Medicare & Medicaid Services (CMS) sent a letter to State Medicaid Directors regarding redistribution of unused prescription medication paid for by Medicaid for nursing facility residents.
In accordance with section 1903(i)(10) of the Social Security Act, as amended by section 6033 of the Deficit Reduction Act of 2005, FFP is not available to States for the ingredient cost of a covered outpatient drug for which the pharmacy has already received payment. States must ensure that nursing facilities are properly crediting the Medicaid program for the return of unused prescription medications upon discontinuance of the prescription, or transfer, discharge, or death of a Medicaid beneficiary. State Medicaid agencies must have a policy in place to require that unused prescription medicines paid by Medicaid are properly returned and properly credited. In certain situations, unused drugs may be returned to nursing facility pharmacies and resold, providing such returns and resales are consistent with provisions of Federal and State law.
A copy of the State Medicaid Director letter is available through the link below.
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