Bill Text: CT HB05436 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Use Of Prescription Drugs Returned By Long-term Care Facilities.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-04 - Public Hearing 03/08 [HB05436 Detail]
Download: Connecticut-2011-HB05436-Comm_Sub.html
General Assembly |
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January Session, 2011 |
LCO No. 3209 | ||
*03209HB05436HS_* | |||
Referred to Committee on Human Services |
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Introduced by: |
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(HS) |
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AN ACT CONCERNING THE USE OF PRESCRIPTION DRUGS RETURNED BY LONG-TERM CARE FACILITIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2011) The Commissioner of Consumer Protection, in consultation with the Commissioner of Public Health and the Commissioner of Social Services, shall establish a central pharmaceutical repository. The central pharmaceutical repository shall accept unused prescription drugs returned by long-term care facilities in accordance with section 17b-363a of the general statutes, as amended by this act, and shall redispense such prescription drugs, that are of acceptable integrity, to the Department of Correction for use by inmates in correctional institutions and to the Department of Social Services for use by Medicaid recipients. One or more pharmacists licensed in accordance with section 20-590, 20-591 or 20-592 of the general statutes, who are employed by or under contract with the central pharmaceutical repository, shall determine which drugs are acceptable for redispensing.
Sec. 2. Section 17b-363a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Each long-term care facility shall return to the [vendor pharmacy] central pharmaceutical repository, established pursuant to section 1 of this act, which shall accept, for repackaging [and reimbursement to] and redispensing on behalf of the Department of Social Services for use by Medicaid recipients and to the Department of Correction, drug products that were dispensed to a patient and not used if such drug products are (1) prescription drug products that are not controlled substances, (2) sealed in individually packaged units, (3) returned to the [vendor pharmacy] central pharmaceutical repository within the recommended period of shelf life for the purpose of redispensing such drug products, (4) determined to be of acceptable integrity by a licensed pharmacist, and (5) oral and parenteral medication in single-dose sealed containers approved by the federal Food and Drug Administration, topical or inhalant drug products in units of use containers approved by the federal Food and Drug Administration or parenteral medications in multiple-dose sealed containers approved by the federal Food and Drug Administration from which no doses have been withdrawn.
(b) Notwithstanding the provisions of subsection (a) of this section:
(1) If such drug products are packaged in manufacturer's unit-dose packages, such drug products shall be returned to the [vendor pharmacy] central pharmaceutical repository for redispensing [and reimbursement to] on behalf of the Department of Social Services and the Department of Correction if such drugs may be redispensed for use before the expiration date, if any, indicated on the package.
(2) If such drug products are repackaged in manufacturer's unit-dose or multiple-dose blister packs, such drug products shall be returned to the [vendor pharmacy] central pharmaceutical repository for redispensing [and reimbursement to] on behalf of the Department of Social Services and the Department of Correction if (A) the date on which such drug product was repackaged, such drug product's lot number and expiration date are indicated clearly on the package of such repackaged drug; (B) ninety days or fewer have elapsed from the date of repackaging of such drug product; and (C) a repackaging log is maintained by the [pharmacy] central pharmaceutical repository in the case of drug products repackaged in advance of immediate needs.
(3) No drug products dispensed in a bulk dispensing container may be returned to the [vendor pharmacy] central pharmaceutical repository.
(c) Each long-term care facility shall establish procedures for the return of unused drug products to the [vendor pharmacy from which such drug products were purchased] central pharmaceutical repository.
(d) The Department of Social Services (1) shall reimburse to the [vendor pharmacy] central pharmaceutical repository the reasonable cost of services incurred in the operation of this section, as determined by the commissioner, and (2) may establish procedures, if feasible, for reimbursement to non Medicaid payors for drug products returned pursuant to this section.
(e) The Department of Consumer Protection, in consultation with the Department of Social Services, shall adopt regulations, in accordance with the provisions of chapter 54, which shall govern the repackaging and labeling of drug products returned pursuant to subsections (a) and (b) of this section. The Department of Consumer Protection shall implement the policies and procedures necessary to carry out the provisions of this section [until January 1, 2002,] while in the process of adopting such policies and procedures in regulation form, provided notice of intent to adopt the regulations is published in the Connecticut Law Journal [within] not later than twenty days after implementation.
(f) Any long-term care facility that violates or fails to comply with the provisions of this section shall be fined not more than thirty thousand dollars for each incidence of noncompliance. The Commissioner of Social Services may offset payments due a facility to collect the penalty. Prior to imposing any penalty pursuant to this subsection, the commissioner shall notify the long-term care facility of the alleged violation and the accompanying penalty and shall permit such facility to request that the department review its findings. A facility shall request such review not later than fifteen days after receipt of the notice of violation from the department. The department shall stay the imposition of any penalty pending the outcome of the review. The commissioner may impose a penalty upon a facility pursuant to this subsection regardless of whether a change in ownership of the facility has taken place since the time of the violation, provided the department issued notice of the alleged violation and the accompanying penalty prior to the effective date of the change in ownership and record of such notice is readily available in a central registry maintained by the department. Payments of fines received pursuant to this subsection shall be deposited in the General Fund and credited to the Medicaid account.
(g) The Commissioner of Social Services [, in consultation with the pharmacy review panel established in section 17b-362a,] shall annually update and expand [by June 30, 2003, and annually thereafter,] the list of drugs that are included in the drug return program. Such list shall include the fifty drugs with the highest average wholesale price that meet the requirements for the program, as established in subsection (a) of this section.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
New section |
Sec. 2 |
October 1, 2011 |
17b-363a |
Statement of Purpose:
To save the state money and reduce waste by redispensing suitable prescription medications that would otherwise be discarded by long-term care facilities.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]