How to Submit Your Audit Documents for an Effective Review

PAAS National® analysts continue to see an increasing amount of PBM audits demanding large audit volumes of documents for reviews. Our goal is to help pharmacies respond accurately and efficiently as you submit documentation.

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PAAS analysts review your documents as if we are performing remote pharmacist verification, so it is helpful if we can see both the prescription AND the billing information at the same time.

Upon receiving an audit notice, send it to PAAS. This allows for the analyst on your case to provide guidance from the very beginning of the audit process, which can result in you saving time gathering less paperwork. Additionally, it allows the analyst to provide guidance on what to look for as documents are pulled, such as any electronic clinical notes that need to be added to the hardcopy. This can result in a more efficient, and seamless, pre-audit consult after documents have been reviewed by your analyst, ensuring an effective review for your audit.

General

  • Organize documents in the same order as listed on audit letter
  • If prescriptions/signature logs are requested in two separate “lists”, then separate them in your response (rather than co-mingled)        
  • Include page numbers at the bottom of each page in sequence to ensure no pages are missing and to allow for easy reference if needing to refer an auditor to a contested aspect of your audit.

Prescription Hardcopies

  • Only produce one copy per unique Rx #
  • Only include back of prescription if it has information, otherwise write “back is blank” on the face of the

               hardcopy

  • Include “fill sticker/back slap/backtag” on the front side of the prescription, in the same orientation
  • Make sure clinical notes are visible to support claim as billed
  • Include Patient label (if requested)
  • If any DUR, SCC, DAW or Diagnosis code was submitted, then documentation should include both  the code used and a clinical note to justify its use   
  • Make sure to document on the hard copy if the prescription is a transfer or phoned in order              

Signature Log

  • Only provide for specific date(s) of service when requested
  • Must include at least 3 elements: Rx number, date of dispensing, signature or “COVID-19” (where applicable), some PBM’s require the fill date or refill #
  • Omit PHI for any Rx not subject to audit and be sure to point out the Rx number in question

 Copay Collection

  • Only provide for specific date(s) of service when requested
  • Point-of-Sale transaction receipts with Rx number, copay amount, and method of payment

PAAS Tips:

OptumRx® Provider Manual Updates May Shift Audits – Especially LTC

OptumRx® updates their Provider Manual several times throughout the year and publishes the full version on its publicly available webpage. Since a PBM’s Provider Manual is an extension of their contract, the terms and conditions within the Provider Manual are expected to be followed and non-adherence can cause problems for pharmacies. Such problems may consist of audit chargebacks, fraud, waste and abuse investigations, and even contract termination.

The latest OptumRx® Provider Manual publication is the 2024 Fourth Edition Version 4.1. PAAS National® analysts want you to be aware of the following changes and potential implications it will have on the documents you maintain and provide for an audit as well as changes you may see in your audit results report.

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  • Long-Term Care (LTC) Pharmacy –
    • The following language was removed from the OptumRx® Provider Manual, “Documentation of a valid prescription order shall be comprised of a signed Prescriber’s order and a medication administration record (MAR) for a time period that supports the audited dates of service. All signed Prescriber’s orders must be supplemented by a MAR to help ensure Members are receiving the appropriate therapy and not therapy that has been discontinued or changed since the last Prescriber’s order.
    • What remains is the following, “Network Pharmacy Providers are expected to adhere to these requirements for what constitutes a valid prescription order unless otherwise specified in applicable state laws and regulations. Record retention is important, and timely retrieval of these documents shall be in compliance with audit requirements.”
    • The potential implication of this change is that it may be more difficult to determine the exact requirements for a “valid prescription order” since many states do not specifically delineate LTC order requirements from retail prescription requirements. Previously, the pharmacy could submit the MAR or other facility documents to help validate the prescription order, but those records may no longer carry the same weight as they once did. Many discrepancy codes related to LTC documentation have also been removed from OptumRx’s discrepancy code list since they will no longer be applicable.
  • Discrepancy Code Changes –
Modified Codes
CodeOld DefinitionNew DefinitionImplication
1K   Incorrect use of Dispense as Written Code“Partial Recoupment: reverse and rebill claim with manual cost override at the generic cost (for the brand NDC)”“Recoupment dependent on billing”It remains to be seen if this will be a positive, neutral, or negative change. PAAS analysts have seen recoupment on multi-source brand claims billed with DAW 9 (substitution allowed by prescriber but plan prefers brand) because the plan claimed DAW 0 was appropriate, and the DAW 9 was unsubstantiated. In this scenario, there was no concrete evidence from the PBM to indicate the brand was preferred, therefore the PBM stated the multi-source brand should have been billed with a DAW 0.
1N   Days’ Supply on Claim is Incorrect“Educational”“Recoupment dependent on billing”PAAS analyst have already seen the implementation of this change in audit results, and it definitely has a negative impact on pharmacies. Previously, a claim flagged only with an invalid days’ supply discrepancy would have $0 chargeback. Now, analyst have seen chargebacks, usually in an amount which corresponds to the difference in the patient’s copay once the days’ supply is corrected.
 
Codes Removed
CodeCode DescriptionDefinition
1TUsed smaller size product for larger stock size billedEducational
2FBilled Appropriate No discrepancy adjustmentEducational
3PInvalid RxMissing LTC MAR
3RInvalid RxMissing LTC refill request form
3SInvalid RxMissing patient attestation letter indicating the patient received and consumed the medication
3TInvalid RxMissing LTC facility attestation letter indicating the facility requested/ordered/received the medication
3UInvalid RxMissing LTC nurse as prescriber agent contract

The ever-changing OptumRx® Provider Manual is just another whirlwind which pharmacies are caught in and must learn to navigate. Remember, PAAS is here to help, and our dedicated team is just a phone call, email, or web inquiry away!

PAAS Tips:

Insulin Pens: Understanding Dosing Increments and Audit Risks

PAAS National® continues to see auditors flag insulin pen prescriptions for containing a dosage that does not align with the product. Most insulin pen products can be dosed in 1-unit increments; however, there are some insulin pens that range from 0.5-unit increments to 5-unit increments.

If prescriptions are written with directions that conflict with the dosing of the medication, pharmacies should clarify the directions with the prescriber and make a clinical note on the prescription. For example…

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a prescription written for Toujeo® Max Solostar® with directions indicating 89 units daily must be clarified because the pen can only be dialed in 2-unit increments (i.e., the directions should either be 88 units daily of 90 units daily).

The following table outlines which insulin pens you should pay close attention to when dispensing:

InsulinDosing Increments
Humalog® Junior KwikPen®0.5 units
Toujeo® Max Solostar®2 units
Tresiba® Flextouch® 200 units/mL2 units
Humulin® R U-500 KwikPen®5 units

PAAS Tips:

  • Prescription directions must be clear and follow product dispensing guidelines like dosing increments
  • Clarify any directions that do not follow the specific dosing intervals available for each insulin pen
  • If directions must be clarified, make a clinical note on the prescription and ensure the patient label instructions are also updated
  • Clinical notes should contain:
    • the date you called the prescriber’s office,
    • the name AND title of who you spoke with,
    • a summary of what was discussed, and
    • your initials
  • Download the PAAS National® Insulin Medication chart which contains information on dosing increments as well as other useful information like priming units and beyond use dates, both of which can vary by product
  • The PAAS Rx Days’ Supply Calculator app also contains information on dosing increments and will warn you about instructions that are not compatible with the product. Download the app for a 7-day free trial (only $5.99/year thereafter)

What to Do (and Not Do) When Your Days’ Supply is Rejected

Insurance companies require pharmacies to bill an accurate days’ supply based on mathematical calculations from the directions. Pharmacies should not guesstimate the days’ supply or process every claim as 30 days for simplicity. Not all claims will adjudicate when processing the correct days’ supply, usually due to plan limitations. What should be done in these situations?

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The first step is to make note of any reject messages received when processing for the correct days’ supply. For example, if the insurance limits the quantity to a 30 days’ supply, write “ILQ 30” on the prescription. Then reduce the quantity, if possible, and rebill the claim with the adjusted [accurate] days’ supply based on the revised quantity. Reduce the quantity further if the claim still rejects, until you reach the smallest unbreakable package size.

If the smallest unbreakable package size still does not go through with an accurate day’s supply:

  1. PBMs may provide claim reject messaging to prompt submission of “SCC 10” to allow the true day supply for accurate refill intervals, reimbursement and copays. Document use of this on the prescription.
  2. Call the PBM helpdesk and request an override – document on the prescription if approved or denied.
  3. If no smaller package size exists and PBM can’t (or won’t) issue an override, most PBMs will allow the smallest package to be billed for the maximum days’ supply identified in the original reject message.

If the above process is used, and you processed the claim with an adjusted [inaccurate] days’ supply, you are at risk for early refills because the PBM adjudication logic will allow you to submit a refill claim when the utilization threshold is met based on the previous days’ supply adjudicated, not the actual days’ supply. PBMs still require the pharmacy to monitor utilization and only refill when appropriate based off the accurate [calculated] days’ supply and not the adjudicated days’ supply. Remember, the claim rejection for “refill too soon” will not be appropriately triggered when the pharmacy is forced to bill a smaller days’ supply than the true calculated day’s supply. To help avoid this, PAAS National® suggests documenting the actual days’ supply in the directions for use (e.g., “actual days’ supply=37”) so that it prints on the label to alert staff and patients of the appropriate refill intervals.

Another situation pharmacies run into is when the accurate days’ supply is rejected due to exceeding the plan limit for a maximum daily dose.

For example, a prescription written for OxyContin® 30 mg, quantity 90, with directions to “take one tablet 3x daily” may receive a rejection for “Maximum two tablets per day.”

In this situation, pharmacies should not reduce the quantity to 60 tablets for a 30-day supply (this would be considered bypassing the plan limit). Instead, pharmacies should pay close attention to any messages given on how to resolve the rejection, including calling the PBM help desk for an override or getting a prior authorization started with the prescriber. Alternatively, the prescriber could decide to change the dose or prescribe an alternative medication.

What if the prescriber refuses to obtain a prior authorization or change the prescription to a clinically appropriate dose? Can the claim be split-billed? PAAS National® highly recommends against split billing or processing a claim as cash to circumvent a plan limit or prior authorization requirement. A doctor who refuses to obtain a prior authorization or change the medication/dose could be a red flag for diversion with controlled substances. Most plan limits are put in place based on appropriate clinical use and bypassing them can lead to easy recoupments for PBMs. Pharmacists have a corresponding responsibility to ensure that prescriptions are for legitimate medical purposes, especially for controlled substances.

PAAS Tips:

  • Always bill an accurate days’ supply based on the directions first; many PBMS have overrides in place for the smallest package sizes
  • Only follow the ILQ process above if you are dispensing the smallest unbreakable package size
  • Billing a 30-day supply on two boxes of insulin that should last 50 days is not appropriate. Instead, you must resubmit one box for 25 days if the plan limit is 30 days
  • Include a notation on the patient label to help notify patients and pharmacy staff of the true days’ supply
  • Check with your software vendor to see if additional days’ supply fields are available for internal tracking
  • Avoid med sync or cycle fill programs for products whose correct days’ supply cannot be submitted for the smallest single package size
  • Educate all pharmacy staff to identify rejection messages and how to properly resolve them
  • Any DUR verifications, especially if using “M0” (prescriber consulted) to override the DUR, should have supporting documentation on the prescription or within retrievable electronic records
  • Do not split bill rejected claims
  • Charging the patient cash often leads to complaints [from the patient to an employer or PBM] and can be considered non-compliance with the provider manual and lead to remediation, including potential network termination
  • If you have exhausted all plan options (including pursuing PAs and/or alternative therapies) and the patient insists on paying cash for the full prescription, be sure that you document authorization from the patient that they desire to pay the full cost and will not seek reimbursement from the insurance.
  •  Review our Can You Bill It As 30 Days? document under Proactive Tips on the Member Portal

Medicare and Vaccine Billing: What You Need to Know

Pharmacies need to be aware of the risks of billing claims [to Medicare B/D] for patients under a Medicare Part A stay. Recently, a member asked the question of vaccine coverage for patients on a Medicare A stay, and how the billing should be done. Pharmacies can refer to Medicare Claims Processing Manual, Chapter 6  for guidance on the appropriate billing.

Let us first break down the Medicare coverage for vaccines:

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Medicare Part B includes coverage for four preventive vaccines. These are typically vaccines that protect against diseases that are more common among older adults and those with chronic conditions. Here are the vaccines covered under Medicare Part B:

  • Influenza Vaccine: The seasonal flu shot once per annual flu season (August 1-July 31 of the following year).
  • COVID-19 Vaccine: The vaccines and boosters as deemed necessary.
  • Pneumococcal Vaccine: Refer to the CMS Medicare Learning Network (MLN) for recent revisions on coverage and frequency.
  • Hepatitis B Vaccine: Coverage for patients considered high risk for the disease (i.e. with end-stage renal disease (ESRD) or certain other conditions).

Medicare Part D, which covers prescription drugs, may include vaccines that are not covered under Part B. This includes:

  • Shingles Vaccine: specifically, the newer recombinant zoster vaccine (Shingrix).
  • Respiratory Syncytial Virus (RSV) Vaccine
  • Other Vaccines: Some vaccines administered in a pharmacy setting or are considered prescription vaccines can also be covered under Part D. Pharmacies should check with plan, as coverage may vary between plans.

Now the question of how to bill Medicare for vaccines when the patient is under a Part A stay? If the patient is receiving a vaccine:

  • Covered Under Part B
    • The facility is required to bill for that vaccine and the administration pursuant to the Balance Budget Act of 1997 (see Consolidated Billing)
      • The enforcement discretion for consolidated billing during the Public Health Emergency expired 7/1/2023
  • Covered Under Part D
    • The pharmacy may bill for that vaccine and the administration

PAAS Tips:

  • Pharmacies servicing skilled nursing facilities, assisted living facilities and group homes must stay in constant communication with these facilities to stay on top of the patient’s current Medicare coverage
  • Prior to any vaccine clinic, verify all patients Medicare status for the day of administration
  • All vaccines must bill billed for the date the vaccine is administered
  • For further information, see the following Newsline articles:

Scare Away the Unwanted: Four Facility Access Controls You Need!

Safeguarding the pharmacy’s Protected Health Information (PHI) is critical. Cyberattacks receive a lot media attention and a brief discussion of the threat to community pharmacies can be found in the June 2024 Newsline article, Independent Pharmacies are NOT Safe from Cyberattacks. The HIPAA Privacy and Security Rules require pharmacies to take a multi-faceted approach to securing the pharmacy’s PHI. With the release of the August 2024 Office for Civil Rights (OCR) Cybersecurity Newsletter (which focuses on the HIPAA Security Rule Facility Access Controls) now is a great time to review information about this safeguard.

The fundamental requirement of Facility Access Controls [as per 45 CFR 164.310(a)(1)] is to “[i]mplement policies and procedures to limit physical access to its electronic information systems and the facility or facilities in which they are housed, while ensuring that properly authorized access is allowed.” Under the Facility Access Controls, there are four addressable implementation specifications to which a covered entity and/or business associate must assess whether it would be reasonable and appropriate for them to adopt an implementation specification as an appropriate safeguard for their environment. If it is appropriate, they would implement it and if it is not reasonable or appropriate, they would document why and implement an equivalent alternative measure if reasonable and appropriate. Below is a table which outlines the four addressable implementation specifications for Facility Access Controls, what they are, and suggestions for pharmacies.

Implementation SpecificationExplanation1Practical Application for Pharmacy
Contingency operationsEstablish (and implement as needed) procedures that allow facility access in support of restoration of lost data under the disaster recovery plan and emergency mode operations plan in the event of an emergency.A plan to respond to emergencies such as natural disasters (e.g., floods, earthquakes, tornados, hurricanes, fires) and malicious attacks like hacking or malware, and human error (e.g., accidently disabling critical systems or deleting data)   Includes plans such as which workforce members will be allowed access during Emergency Mode Operation, how to prevent ePHI from being compromised during an emergency or disaster and plans to maintain and access ePHI during restoration activities.
Facility security planImplement policies and procedures to safeguard the facility and the equipment therein from unauthorized physical access, tampering, and theft.Possible elements to integrate into this area would be security alarms to detect and deter unauthorized access, pharmacy barriers such as doors/gates/walls to block physical access without proper keys, video recording surveillance system, hardware which contains ePHI is secured or locked to its location within the pharmacy to prevent removal and portal hardware and media is kept secured or locked when not in use or under direct control.
Access control and validation proceduresImplement procedures to control and validate a person’s access to facilities based on their role or function, including visitor control, and control of access to software programs for testing and revision.Utilize a sign-in log for vendors, maintenance workers, etc. and ensure the individual(s) remains under direct supervision while in your professional service and access is only granted after a Business Associate Agreement is signed.   Require all non-employee visitors (e.g., volunteers, students, etc.) to successfully complete HIPAA training prior to access to pharmacy professional services areas.
Maintenance recordsImplement policies and procedures to document repairs and modifications to the physical components of a facility which are related to security (for example, hardware, walls, doors, and locks).Maintain a record of all repairs and modifications to the physical components of the pharmacy related to security such as walls, doors, locks and hardware. For each repair/modification, record (at a minimum) the date and time, description, reason, name of the person(s) responsible for the work, and the individual responsible for overseeing the work.

145 CFR 164.310

PAAS Tips:

  • Failure to implement Facility Access Controls can increase a pharmacies vulnerability to data breaches and theft
  • Documentation related to HIPAA must be maintained for a minimum of 6 years from the date of its creation or the date when it was last in effect, whichever is later
  • A PAAS Fraud, Waste and Abuse and HIPAA Compliance Program membership addresses all of the implementation specifications for Facility Access Controls listed above within a customized Policy and Procedure Manual. Staff will also have access to Cybersecurity Training and much, much more!

Avoid OptumRx® Double Chargeback Pitfalls – Review Your Days’ Supply

OptumRx® has employed a new strategy to recoup more money on your pharmacy claims. Often upon an audit, if a pharmacy submitted an incorrect days’ supply, the PBM will re-adjudicate the claim with the correct days’ supply.

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After the days’ supply has been adjusted, some of the subsequent [refilled] claims may be flagged as early refills – which result in a full chargeback. Now, if the interval between two fill dates is appropriate (i.e., not refilled early – typically 75% utilization of an accurate days’ supply for OptumRx®), OptumRx® will still look to chargeback any additional copay(s) that would have been incurred when the correct days’ supply was submitted (up to the plan limit for the actual days’ supply).

Here is an example where the patient has a $40 copay per 30 days billed:

Prescription is written for Symbicort® 80 mcg retail package size of 10.2 grams with directions of 1 puff twice a day. Symbicort® 80 mcg contains 120 puffs and therefore the calculated days’ supply would be 60. If the pharmacy accidently billed for a 30 days’ supply instead of 60 and the Symbicort® was refilled monthly, OptumRx® will flag every other fill as a refill too soon (2Z) and chargeback the full amount. On the dates of service flagged as invalid days’ supply only (1N), OptumRx® will chargeback an additional copay that would have incurred had the pharmacy billed the claim correctly (assuming the plan didn’t limit the days’ supply to 30).

Fill dateDays’ supply Pharmacy billedOptumRx® adjusts to correct days’ supplyDiscrepancy Code *Chargeback
02/07/202430601N$40.00 (copay)
03/05/202430602Z, 1N$235.29
04/08/202430601N$40.00 (copay)
05/17/202430602Z, 1N$235.29

*1N – invalid days’ supply

*2Z – refill too soon

PAAS Tips:

  • Insulin, inhalers, topical medications, and eye drops are frequently flagged for refill too soon or overbilled quantity
  • Always submit claims with an accurate days’ supply first; many PBMs now have built-in overrides in place for smallest package sizes
  • If plan limit is 30 days, then follow PAAS’ Can You Bill It As 30 Days?  
  • Include a notation on the patient label to help notify the patient and pharmacy staff of the true days’ supply
  • Check with your software vendor to see if additional days’ supply fields are available for internal tracking
  • Avoid med sync or cycle fill programs for products whose correct days’ supply cannot be submitted for the smallest single package size
  • The updated Audit Violation and Discrepancy Description for 1N can be found in the OptumRx Provider Manual on page 147
  • Be proactive and utilize the PAAS Rx Days’ Supply Calculator. Download the app for a free 7-day trial ($5.99/year thereafter) by visiting the Apple App Store or Android Google Play Store, or check out the website at PAASNational.com/app
  • Read more on What to Do (and Not Do) When Your Days’ Supply is Rejected in this month’s Newsline article

Caremark® Continues to Recover Payments for Unapproved Coupons

PAAS National® continues to see pharmacies face full recoupment on claims that are processed to coupons and copay cards in violation of Caremark’s® policy found in section 3.03.03 of the 2024 Pharmacy Provider Manual. Violations are considered [by Caremark®] to be an inappropriate waiver of patient pay amounts and could result in additional sanctions, including termination.

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As defined in the current Provider Manual:

“Pharmaceutical Manufacturer Coupon” means any item or mechanism, including but not limited to, paper coupons, copay cards, e-vouchers, mail-in rebates, and electronic coupon codes funded by a manufacturer, repackager, or supplier of pharmaceutical, chemical, or compounding products, that reduces the portion of the Patient Pay Amount that an Eligible Person is required to pay for a Covered Item.”

Manufacturer coupons may be accepted if:

  1. Pharmacy complies with all the terms and conditions specific to the coupon – including prohibitions on using for federally funded programs such as Medicare, Medicaid, and TRICARE
  2. The coupon is applied by your pharmacy location and not a hub
  3. The item is NOT a compound drug, 510(k) cleared medical device or Medical Food
  4. The item falls into one of the following categories:
    1. Approved as a brand (NDA) or generic (ANDA) drug and published in the FDA Orange Book
    2. Approved under a Biologics License Application (BLA) and published in the FDA Purple Book
    3. Over-the-Counter (OTC) item marketed under an official final OTC monograph

Log into the Caremark® Pharmacy Portal to find an electronic copy of the Provider Manual to become aware of the Pharmaceutical Manufacturer Programs and other associated programs that are excluded. Network pharmacies are mailed a paper copy of the Provider Manual every even year and small supplements in odd years.

PAAS Tips:

  • Pharmacies typically run afoul of Caremark with products sourced from secondary distributors identified as dietary supplements, medical foods or medical devices
  • These are typically products with large patient copays
  • Don’t assume that a product is “FDA approved” just because it has an NDC number
  • Use the following websites to determine FDA marketing status
  • FDA Orange Book: https://www.accessdata.fda.gov/scripts/cder/ob/index.cfm
  • FDA Purple Book: https://purplebooksearch.fda.gov/
  • DailyMed: https://dailymed.nlm.nih.gov/dailymed/index.cfm
  • If you are ever in doubt about a product, call PAAS so that we can help you identify whether it will be a potential problem

Rethink Corrective Action Plans

PAAS National® analysts continue to see PBMs demand pharmacies complete formal Corrective Action Plans (CAPs) in response to negative audit outcomes; particularly from MedImpact, OptumRx, and Caremark.

The demand for CAPs can be daunting, and excessive; however, CAPs may also help uncover the root causes for audit errors, allowing the pharmacy to potentially fix a systemic problem(s) that caused the negative audit outcome and prevent future non-compliance (and subsequent audit exposure).

Here is a suggested stepwise process to consider if you are faced with a demand for a CAP:

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Step 1 Identify and investigate each possible unique problem to find the root cause(s)

  • All possible errors should be considered until you can rule them out by process of elimination
  • Obtain an external point of view (e.g., PAAS) to eliminate confirmation bias

Step 2 Develop and implement a corrective action plan for each unique root cause identified in step 1

  • May include new/revised policy and procedure, new technology implementation or re-training on existing procedures 
  • System solutions that remove the potential for human error, and prevent mistakes from recurring, are ideal
  • Designate a staff member to be the lead and develop a timeline for implementation
  • There may be one or more solutions for a given root cause – identify what works for your pharmacy based on available resources

Step 3 Train staff and implement a corrective action plan

  • May include a staff memo, email, or meeting
  • May need formal training if new technology is implemented
  • All training should be documented and include when it occurred, who was involved and what was covered

Step 4 Perform internal scheduled audits to ensure that corrective actions are working

  • Document these audits both for your records and to prove to a PBM (if required) that you are following through on any promises made
    • The PAAS Vault is a great place to store these internal audits for record keeping and get scheduled alerts when they’re due for completion

See the January 2023 Newsline article, Essential Elements of Corrective Action Plans for an example related to invoice audit shortages.

PAAS Tips:

  • CAPs must be specific to the root cause errors identified and reasonable to implement at your pharmacy – there is no one size fits all
  • A stepwise approach will help create a documented plan of action to ensure follow through

Unveiling a Health Care Fraud and Illegal Black-Market Conspiracy

The Department of Justice recently announced the sentencing for a California (CA) pharmacy owner and their co-conspirator for submitting fraudulent claims to Medicare and CA Medicaid for prescription drugs that were never dispensed to beneficiaries.

Investigators from the Federal Bureau of Investigation, the Office of Inspector General and the CA Department of Justice uncovered the fraudulent scheme, in addition to discovering the conspirators were selling drugs on the black market over an eight-month period.

The pharmacy owner was sentenced to two years and three months in prison and their co-conspirator one year and eleven months. The jury convicted both the pharmacy owner and their co-conspirator of one count of conspiracy to commit health care fraud and one count of conspiracy to engage in the unlicensed wholesale distribution of prescription drugs. The co-conspirator was also convicted of an additional three counts of health care fraud.

The pharmacy owners’ co-conspirators created the fraudulent prescriptions based on the owner’s recommended combinations of expensive prescription medications, including HIV drugs. The pharmacy owner would check eligibility of patients for reimbursement, bill the claims to Medicare and Medicaid, but never dispensed them to the patients. Instead, these medications were provided to a co-conspirator (who was not a medical professional) to be sold on the illegal market.

Ensure your pharmacy has a robust Fraud, Waste and Abuse Compliance Program in place for employees to understand the repercussions of violating laws and regulations such as the False Claims Act. Contact PAAS National®® for more information on PAAS’ FWA/HIPAA Compliance Program.