Many nursing homes are improperly prescribing antipsychotic drugs to patients even though federal law has put restrictions on...Read more
Medicare Drug Law Could Create Havoc in Nursing Homes
- December 6th, 2004
Long-term care experts are expressing grave concern that the new Medicare prescription drug program will be unworkable for most of the 1.5 million Americans who live in nursing homes, according to an article in The New York Times.
Most nursing home residents are on Medicaid and currently receive coverage of their prescription drugs through that program. Drugs are supplied to nursing homes by specialized long-term-care pharmacies.
The new Medicare law would do away with all this. Medicaid coverage of prescription drugs for the elderly is scheduled to end on January 1, 2006, when Medicare drug benefit becomes available. The Medicare benefit will be administered by competing private companies, each of which will offer its own list of approved drugs, known as a formulary, and its own network of retail pharmacies.
The idea behind the new law is that Medicare beneficiaries will carefully compare these competing drug plans and enroll in the ones that best meet their needs. But more than one-third of nursing home residents have Alzheimer's disease or another form of dementia, and many more are in no condition to compare drug plans.
Moreover, the new companies that will deliver the drug benefit have little if any experience serving the special needs of nursing home residents, many of whom receive medications through feeding tubes. So far, there is no role for the long-term-care pharmacies that currently serve nursing homes.
"The way it's supposed to work under the new law is totally confusing," said Joan E. DaVanzo, vice president of the Lewin Group, a health care consulting group that recently received a federal contract to study pharmacy services in nursing homes. "The mandates of the law run contrary to the practice of the industry. The law presumes that Medicare beneficiaries are sophisticated elderly people living in the community and using retail drugstores."
In addition, the Medicare formularies will undoubtedly be more restrictive than what is currently available under Medicaid. This could mean that doctors will need to write new prescriptions for hundreds of thousands of nursing home residents, switching them from the drugs they now take to those approved by Medicare.
"If nursing homes have to deal with multiple formularies from multiple prescription drug plans, that will result in chaos and an increased potential for medication errors," said Thomas R. Clark, policy director for the American Society of Consultant Pharmacists, whose 7,000 members specialize in drug care for the elderly.
"We don't have a clue how the system is supposed to work under the new law," said Laurence F. Lane, vice president of Genesis HealthCare, which operates 192 nursing homes in 12 states. "We don't know what will happen on January 1, 2006."
To read the full article in The New York Times, click here. (Free registration required and article may no longer be available free of charge.)
For a shorter version of the Times article in the Indianapolis Star, go to: www.indystar.com/articles/7/199951-4267-052.html
For the response of the Centers for Medicare and Medicare Services to the article, click here.
Local Elder Law Attorneys in Ashburn, VA
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
Felinton Elder Law & Estate Planning Centers
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
Law Offices of John L. Laster
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...