APCI has received notice from several of our members that MedImpact is now recouping amounts based on DAW audits for prescriptions filled. These scripts were not deemed valid at the date of fill, because a law passed many years ago requiring the physician to write in his/her own handwriting on the face of the prescription either “medically necessary”, “do not substitute” or “dispensed as written.”

The original intent of the law was to encourage generic use for PEEHIP beneficiaries, and went into effect years before e-script technology evolved to what it is today. Obviously, with e-prescriptions the prescriber cannot actually write in their own handwriting either one of the three phrases needed for brand-name to be dispensed. However, there is a place for prescriber to type these instructions — but the law requires the instructions to be handwritten, and beginning late last year, MedImpact began recouping payments from scripts that did not meet the letter of the law.

During the 2016 Regular Session, APCI drafted a bill to correct this situation. HB 272, sponsored by Rep. Elaine Beech, was signed by Governor Bentley in May and as of August 1, 2016 it became effective.

WE NEED YOUR HELP by sending to us the total amount of recoupment and prescriptions based on the old law. APCI and CAPS will be compiling a list of pharmacies with the amounts of recoupment, so that we can take the total amount of all APCI/CAPS member recoupments to PEEHIP. Then we will ask PEEHIP if MedImpact wrote PEEHIP a check for at least the same amount. APCI is working with the chains and other pharmacies to collect their amounts as well. We feel this is an overreach by MedImpact, and with your HELP we will have our numbers and continue the process of fighting this unfair practice. 

Please take time the next couple of days and send us the requested information.

For more information please see the attachment for a copy of the bill.