New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 167C - PROVISION OF PHARMACEUTICAL SERVICES UNDER THE SENIOR GOLD PROGRAM
Subchapter 1 - REQUIREMENTS FOR PROVISION OF PHARMACEUTICAL SERVICES
Section 10:167C-1.14 - Quantity of medication

Universal Citation: NJ Admin Code 10:167C-1.14

Current through Register Vol. 56, No. 18, September 16, 2024

(a)Public Law 1998, c. 124 establishes different days supply requirements for pharmacy claims based on the drug use history of a PAAD beneficiary. Days supply limitations for an "Initial Prescription Claim" for PAAD beneficiaries shall be different from days supply limitations for a "Refill Prescription Claim." The supply requirements established by Public Law 1998, c. 124 will also apply to the Senior Gold Program.

1. "Initial Prescription Claim" shall mean a Senior Gold claim for a drug not previously paid by the State during the 200-day calendar period immediately preceding the service date of a claim being considered for payment; or a Senior Gold claim with a service date that exceeds a time period based on the service date of the previously paid Senior Gold claim.

2. "Refill Prescription Claim" shall mean a Senior Gold claim for a previously paid prescription in which the time period between claims is less than or equal to two times the days supply reported by the previously paid Senior Gold claim for the same prescription. A Refill Prescription Claim may have the same or different prescription number.

3. For Senior Gold claims with service dates on or after the initiation of the program, the following days supply limitations shall apply:
i. The days supply limitation for an Initial Prescription Claim shall be limited to a 34-day supply.

ii. The day supply limitation for a Refill Prescription Claim shall be limited to a 34-day supply or 100 dosage units, whichever is greater.

4. When Senior Gold is the secondary payer to the Medicare Prescription Drug Program, any days supply standards required pursuant to the Medicare Prescription Drug, Improvement and Modernization Act of 2003, Pub. L. 108-173, effective December 8, 2003 and the rules promulgated thereunder at 42 CFR § 423.1 et seq., shall supersede the requirements set forth in 10:167C-1.14.

(b) Any medication continuously prescribed, regardless of the frequency of administration, for a period of 14 days or more shall be considered a maintenance medication.

(c) The pharmacist shall dispense the full quantity of medication prescribed within the limitations described in (a) above.

(d) Prescriptions shall not be split or reduced in quantity, unless the quantity prescribed exceeds program limits, in which case the quantity shall be reduced to program limits described in (b) above.

1. Exception: When the full quantity prescribed (within Program limits) is not available when a prescription is ready to be dispensed, the pharmacist shall retain the claim form or submit an EMC claim after the balance of the medication is dispensed. The pharmacist may dispense the quantity available and shall notify the beneficiary accordingly.

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