(a)A doctor providing care to an injured employee shall prescribe for the employee medically necessary prescription drugs and over-the-counter medication (OTC) alternatives as clinically appropriate and applicable in accordance with applicable state law and as provided by this section. (1)It shall be indicated on the prescription that the prescription is related to a workers' compensation claim. (2)When prescribing an OTC medication alternative to a prescription drug, the doctor shall indicate on the prescription the appropriate strength of the medication and the approximate quantity of the OTC medication that is reasonably required by the nature of the compensable injury. (3)The doctor shall prescribe generic prescription drugs when available and clinically appropriate. If in the medical judgment of the prescribing doctor a brand-name drug is necessary, the doctor must specify on the prescription that brand-name drugs be dispensed in accordance with applicable state and federal law, and must maintain documentation justifying the use of the brand-name drug, in the patient's medical record. (4)The doctor shall prescribe OTC medications in lieu of a prescription drug when clinically appropriate. (b)When prescribing, the doctor shall prescribe in accordance with §134.530 and §134.540 of this title (relating to Requirements for Use of the Closed Formulary for Claims Not Subject to Certified Networks and Requirements for Use of the Closed Formulary for Claims Subject to Certified Networks, respectively). [choose medications and drugs from the formulary adopted by the commission.] (c)The pharmacist shall dispense no more than a 90-day supply of a prescription drug. (d)Pharmacies and pharmacy processing agents [ Pharmacists] shall submit bills for pharmacy services in accordance with Chapter 133 (relating to General Medical Provisions) and Chapter 134 (relating to Benefits--Guidelines for Medical Services, Charges, and Payments). [§134.800(d) of this title (relating to Required Billing Forms and Information).] (1)Health care providers shall bill using national drug codes (NDC) when billing for prescription drugs. (2)Compound drugs shall be billed by listing each drug included in the compound and calculating the charge for each drug separately. (3)A pharmacy may contract with a separate person or entity to process bills and payments for a medical service; however, these entities are subject to the direction of the pharmacy and the pharmacy is responsible for the acts and omissions of the person or entity. Except as allowed by [Texas] Labor Code §413.042, the injured employee shall not be billed for pharmacy services. (e)The insurance carrier, injured employee, or pharmacist may request a statement of medical necessity from the prescribing doctor. If an insurance [a] carrier requests a statement of medical necessity, the insurance carrier shall provide the sender of the bill a copy of the request at the time the request is made. An insurance [A] carrier shall not request a statement of medical necessity unless in the absence of such a statement the insurance carrier could reasonably support a denial based upon extent of, or relatedness to the compensable injury, or based upon an adverse determination. [ reasonableness or medical necessity.] (f)The prescribing doctor shall provide a statement of medical necessity to the requesting party no later than the 14th [working] day after receipt of request. The prescribing doctor shall not bill for nor shall the insurance carrier reimburse for the statement of medical necessity. (g)In addition to the requirements of §133.240 of this title [§133.304,] (relating to Medical Payments and Denials) regarding explanation of benefits (EOB), at the time an insurance carrier denies payment for medications for any reason related to compensability of, liability for, extent of, or relatedness to the compensable injury, or for reasons related to an adverse determination [reasonableness or medical necessity], the insurance carrier shall also send the EOB to the injured employee, and the prescribing doctor.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on October 21, 2013
TRD-201304776 Dirk Johnson
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Earliest possible date of adoption: December 1, 2013
For further information, please call: (512) 804-4703
|
