Background of the “Red Flags Rule”

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Tamper Resistant Prescription Requirements – Expand to include Non-TennCare RX on July 1, 2009

(Excerpted from http://health.state.tn.us/boards/Pharmacy/legislative.htm)

All handwritten, typed or computer-generated prescription orders must be issued on tamper-resistant prescription paper which meets the current Centers for Medicare and Medicaid Service Guidance to State Medicaid Directors…and meets or exceeds specific TennCare requirements for tamper-resistant prescription paper. This legislation is a result of a federal law/mandate intended to reduce fraud and abuse.

All prescriptions for TennCare patients must be written using tamper resistant pads/paper. Exceptions are prescriptions sent to the pharmacy electronically, prescriptions communicated to the pharmacy by telephone and drugs administered in nursing facilities. The provisions of this act with respect to TennCare prescriptions shall take effect October 1, 2008 in compliance with federal requirements. The provisions of this act with respect to non-TennCare related prescriptions shall take effect July 1, 2009.

On October 1, 2008 prescriptions will be required to have a minimum of one feature from each of the following three CMS categories: 1) Industry-recognized feature(s) designed to prevent unauthorized copying. An example is paper that shows the word “Void” or “Illegal” if the prescription is photocopied. 2) Industry-recognized features(s) designed to prevent erasure or modification of information written by the prescriber. This may be uniform non-white background color or quantity check off boxes with refill indicator. 3) Industry-recognized feature(s) designed to prevent use of counterfeit prescription forms. Security features and descriptions are listed on prescriptions (required by TennCare tamper-resistant pads after October 1, 2008) or a heat sensing imprint, which causes the imprint to disappear if someone touches the imprint or design.

Prescription Drug Monitoring Programs (PDMPs)

(Information excerpted from http://www.deadiversion.usdoj.gov/faq/rx_monitor.htm)
As of November 2008, 38 states had enacted legislation that required prescription drug monitoring programs: 32 of those programs are currently operating and 6 are in the start-up phase. Click here for the full article.