LEGAL NOTICE

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

NOTICE OF INTENT TO AMEND

(pursuant to §1902(a)(13) of the Act (U.S.C. 1396a(a)(13))

THE VIRGINIA STATE PLAN FOR MEDICAL ASSISTANCE

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates—Other Types of Care, Fee-for-service providers: pharmacy.  The changes contained in this public notice are occurring in response to the federal budget amendment (Public Law 110-28) entitled:  “U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act” of 2007.  That Act prohibits federal financial participation for outpatient drugs where the written prescription for the drug was not written on a tamper-resistant prescription pad.  This mandate will go into effect October 1, 2007.  As of October 1, 2007, DMAS will no longer reimburse pharmacies for outpatient drugs where the written (non-electronic) prescription was not written on a tamper-resistant prescription pad.  This change is being made pursuant to the Department’s authority under Title XIX of the Social Security Act. 

This notice is intended to satisfy the requirements of 42 C.F.R. 
§ 447.205 and of § 1902(a)(13) of the Social Security Act, 42 U.S.C. § 1396a(a)(13).  A copy of this notice is available for public review from Rachel Cain, Health Care Services Division, Pharmacy Unit, DMAS, 600 Broad Street, Suite 1300, Richmond, VA  23219, and this notice is available for public review on the Regulatory Town Hall (www.townhall.com).  Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Ms. Cain and such comments are available for review at the same address.