LeadingAge Washington

4/3/12

CMS Steps Back From Restrictions On Pharmacist Consultants In Nursing Homes

After almost a year of receiving and analyzing public comments on proposed rules which would have required nursing homes to utilize ONLY consultant pharmacists who HAD NO affiliations with the facility's pharmacies, pharmaceutical manufacturers and distributors, or any affiliates of these entities, CMS has decided to continue searching for a more comprehensive approach to eliminate over-prescribing and the use of chemical restraints in LTC.

In the meantime, however, CMS is strongly encouraging the LTC industry to voluntarily adopt the following changes to increase transparency:
  • Separate LTC consultant contracting for dispensing and other pharmacy services;
  • Pay fair market rates for consultant pharmacist services;
  • Disclose to LTC facilities any affiliations of consultant pharmacists that pose potential conflicts of interest (this may include the execution of consultant pharmacist integrity agreements.
CMS urges LTC practices and stakeholders to implement changes to address these concerns which will result in a decrease in inappropriate prescribing, stating "If improvements in inappropriate utilization do not occur, we will use a future notice and comment rulemaking to propose requirements to comprehensively address these concerns.”

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