PRINTER'S NO. 1657
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1338
Session of
2017
INTRODUCED BY PASHINSKI, BOBACK, READSHAW, MILLARD, ROZZI,
FLYNN, DeLUCA, MADDEN, HARKINS, DAWKINS, VAZQUEZ AND KORTZ,
MAY 5, 2017
REFERRED TO COMMITTEE ON HEALTH, MAY 5, 2017
AN ACT
Providing for the return and redistribution of prescription
drugs, medical devices and medical supplies; and imposing
duties on the Department of Health and the Department of
Human Services.
TABLE OF CONTENTS
Chapter 1. General Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 3. Return and Redistribution Program
Section 301. Acceptance of returned prescription drug, device
or supply.
Section 302. Reasons to return prescription drug, device or
supply.
Section 303. Restocking of returned prescription drug, device
or supply.
Section 304. Payment to medical assistance program.
Section 305. Restocking fee prohibited.
Section 306. Subsequent billing to medical assistance program.
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Chapter 5. Administrative Procedures
Section 501. Identifying information.
Section 502. Collection of information.
Section 503. Reports.
Section 504. Regulations.
Section 505. Additional study.
Chapter 7. (Reserved)
Chapter 9. Miscellaneous Provisions
Section 901. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
GENERAL PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Prescription
Drug, Medical Device and Medical Supply Return and
Redistribution Act.
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Drug." As defined in section 2(3) of the act of September
27, 1961 (P.L.1700, No.699), known as the Pharmacy Act.
"Long-term care nursing facility." As defined in section
802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act.
"Medical assistance program." The Commonwealth's medical
assistance program as authorized under Article IV of the act of
June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
"Medical device." As the term "device" is defined in section
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2(5) of the Pharmacy Act.
"Pharmacist." As defined in section 2(10) of the Pharmacy
Act.
"Pharmacy." As defined in section 2(12) of the Pharmacy Act,
except that the term shall include only a place that provides
pharmacy services to a long-term care facility on behalf of
patients who are recipients under the medical assistance program
in the fee-for-service delivery system.
CHAPTER 3
RETURN AND REDISTRIBUTION PROGRAM
Section 301. Acceptance of returned prescription drug, device
or supply.
(a) Authority.--A pharmacy that contracts with a long-term
care nursing facility to provide pharmacy services for patients
of the facility who are recipients under the medical assistance
program shall accept prescription drugs, medical devices and
medical supplies that are returned by the facility on behalf of
the patients as provided in this act.
(b) Conditions for acceptance.--A pharmacy shall accept a
prescription drug, medical device or medical supply that is
returned under this act only if the prescription drug, medical
device or medical supply has remained sealed, unopened or
otherwise unused to ensure that it has not been tampered with,
altered or compromised.
Section 302. Reasons to return prescription drug, device or
supply.
A prescription drug, medical device or medical supply may be
returned under this act if a patient:
(1) has died;
(2) requires a different prescription drug, medical
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device or medical supply;
(3) requires a change in the usage, strength or form of
the prescription drug, medical device or medical supply;
(4) no longer requires the prescription drug, medical
device or medical supply; or
(5) meets a condition or qualification that requires the
return of the prescription drug, medical device or medical
supply, as determined by the Department of Health.
Section 303. Restocking of returned prescription drug, device
or supply.
(a) Authority.--A pharmacy may restock a prescription drug,
medical device or medical supply that is returned under this
act, which may be used to fill a future prescription order.
(b) Duty of pharmacist.--
(1) Before a pharmacist may restock a returned
prescription drug, medical device or medical supply, the
pharmacist shall:
(i) Determine that the prescription drug, medical
device or medical supply has not been tampered with,
altered or compromised.
(ii) Comply with section 5(a)(9)(xi) of the act of
September 27, 1961 (P.L.1700, No.699), known as the
Pharmacy Act.
(iii) Comply with 49 Pa. Code ยง 27.102 (relating to
return to stock of undelivered medication - statement of
policy).
(2) If the pharmacist cannot fulfill the duties under
paragraph (1), the pharmacist may not restock or dispense the
the returned prescription drug, medical device or medical
supply.
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Section 304. Payment to medical assistance program.
(a) Return of payment.--A pharmacy that accepts and restocks
a returned prescription drug, medical device or medical supply
shall return the payment for the returned prescription drug,
medical device or medical supply that was previously billed to
the medical assistance program.
(b) Claim adjustment.--A pharmacy shall submit a claim
adjustment to the medical assistance program to ensure proper
credit for the returned prescription drug, medical device or
medical supply.
Section 305. Restocking fee prohibited.
A pharmacy may not charge a restocking fee for the returned
prescription drug, medical device or medical supply.
Section 306. Subsequent billing to medical assistance program.
If a pharmacy has properly performed a claim adjustment under
section 304(b), the pharmacy may bill the medical assistance
program when the returned prescription drug, medical device or
medical supply is used to fill a future prescription order for a
patient of a long-term care nursing facility who is a recipient
under the medical assistance program.
CHAPTER 5
ADMINISTRATIVE PROCEDURES
Section 501. Identifying information.
A pharmacist and a long-term care nursing facility shall take
all necessary steps to ensure that no identifying information
regarding a prescription drug, medical device or medical supply
is made available to the Department of Human Services, the
Department of Health or the public as a result of complying with
the reporting obligations under this act.
Section 502. Collection of information.
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(a) Pharmacy.--A pharmacy shall provide the following
information to the Department of Human Services:
(1) The name, address, telephone number and other
contact information of the pharmacy.
(2) The name, address, telephone number and other
contact information of each long-term care nursing facility
with which the pharmacy contracts to provide pharmacy
services.
(3) The number and nature of prescription drugs, medical
devices and medical supplies provided by the pharmacy to each
long-term care nursing facility with which the pharmacy
contracts to provide pharmacy services.
(4) The number and nature of prescription drugs, medical
devices and medical supplies returned to the pharmacy by each
long-term care nursing facility with which the pharmacy
contracts to provide pharmacy services.
(5) The amount of money billed to the medical assistance
program for the prescription drugs, medical devices and
medical supplies distributed by the pharmacy to each long-
term care nursing facility with which the pharmacy contracts
to provide pharmacy services.
(6) The amount of money that represents the value of the
prescription drugs, medical devices and medical supplies
returned to the pharmacy by each long-term care nursing
facility with which the pharmacy contracts to provide
pharmacy services.
(b) Facility.--A long-term care nursing facility shall
provide the following information to the Department of Human
Services:
(1) The name, address, telephone number and other
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contact information of the long-term care nursing facility.
(2) The name, address, telephone number and other
contact information of each pharmacy with which the facility
contracts to provide pharmacy services.
(3) The number and nature of prescription drugs, medical
devices and medical supplies provided to the facility by each
pharmacy with which the facility contracts to provide
pharmacy services.
(4) The number and nature of prescription drugs, medical
devices and medical supplies returned by the facility to each
pharmacy with which the facility contracts to provide
pharmacy services.
(c) Submittal of information.--The information under
subsections (a) and (b) shall be provided to the Department of
Human Services on an annual basis on or before January 31. The
annual submittal shall contain data for the immediately
preceding calendar year.
Section 503. Reports.
(a) Submittal.--The Department of Human Services shall use
the information submitted under section 502 to prepare and
submit a report on an annual basis to the General Assembly on or
before May 31.
(b) Contents.--A report under this section shall contain:
(1) The total number of participating pharmacies and
long-term care nursing facilities.
(2) The total number and nature of prescription drugs,
medical devices and medical supplies returned to pharmacies
under this act.
(3) The total amount of money saved annually as a result
of the implementation of this act.
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(4) Specific information submitted under section 502, as
determined by the Department of Human Services.
(5) Any other information deemed relevant and necessary,
as determined by the Department of Human Services.
Section 504. Regulations.
(a) Department of Human Services.--The Department of Human
Services, in consultation with the Department of Health, shall
promulgate regulations to implement the provisions of this act.
(b) Department of Health.--The Department of Health shall
promulgate regulations regarding the packaging and
identification of returned prescription drugs, medical devices
and medical supplies to most efficiently eliminate waste and
improve safety.
Section 505. Additional study.
(a) Scope.--The Department of Human Services and the
Department of Health shall study the implementation of the
provisions of this act by personal care homes and assisted
living residences, as those terms are defined in section 1001 of
the act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code.
(b) Report.--Within six months after the first report is
provided under section 503, the Department of Human Services and
the Department of Health shall provide a report to the General
Assembly containing findings and recommendations regarding the
study under this section.
CHAPTER 7
(RESERVED)
CHAPTER 9
MISCELLANEOUS PROVISIONS
Section 901. Effective date.
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This act shall take effect in 60 days.
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