Notice of Variances and Waivers AGENCY FOR HEALTH CARE ADMINISTRATION Medicaid Services Rule 59G-4.250, Prescribed Drug Services NOTICE IS HEREBY GIVEN that on August 21, 2012, the Agency for Health Care Administration (“AHCA”) issued an Amended ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION
Medicaid

RULE NO.: RULE TITLE:
59G-4.250: Prescribed Drug Services

NOTICE IS HEREBY GIVEN that on August 21, 2012, the Agency for Health Care Administration (“AHCA”) issued an Amended Final Order Denying Petition for Variance from Rule 59G-4.250, Florida Administrative Code. The Amended Final Order was entered in response to the Petitioner’s document entitled, “Petition for Variance from or Waiver of Rule 59G-4.250, Florida Administrative Code,” which was treated as a Petition for Variance from Rule 59G-4.250, Florida Administrative Code (the “Petition”). On May 14, 2012, AHCA received the Petition from Walgreen Co. Walgreen Co. seeks variance or waiver from the current version of Rule 59G-4.250, Florida Administrative Code (amended June 19, 2012), as well as the previous version (amended November 3, 2008) of the rule.

Rule 59G-4.250, Florida Administrative Code, entitled Prescribed Drug Services, requires that all participating prescribed drug services providers enrolled in the Medicaid program must be in compliance with the provisions of the Florida Medicaid Prescribed Drug Services Coverage, Limitations, and Reimbursement Handbook (Handbook), updated May 2008 and June 2012. Walgreen Co. seeks to preserve the enrollment of certain newly acquired specialty pharmacies in the Florida Medicaid program that have not yet received their Drug Enforcement Administration (“DEA”) registrations and allow certain other community pharmacies to enroll pending their receipt of their DEA registrations. Walgreen Co. seeks a variance or waiver from the portion of the Handbook which lists DEA registration as one of the items needed for enrollment as a prescribed drug services provider. The Notice of the Petition was published in the Florida Administrative Weekly on June 8, 2012.

On August 13, 2012, AHCA issued a Final Order denying the Petition. On August 21, 2012, AHCA issued an Amended Final Order denying the Petition. AHCA determined that the Petition failed to provide facts that constitute competent, substantial evidence, pursuant to Section 120.542, Florida Statues, to support a variance or waiver of Rule 59G-4.250, Florida Administrative Code.

A copy of the Final Order may be obtained by writing: Richard Shoop, Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Mail Station #3, Tallahassee, Florida 32308.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Tracie Hardin, Esquire, Agency for Health Care Administration, 2727 Mahan Drive, Building 3, MS #3, Tallahassee, Florida 32308.