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Medicare E-Prescribing Law Should Preempt State Regulations, PCMA Says

This article was originally published in The Pink Sheet Daily

Executive Summary

The PBM trade association disagrees with CMS' interpretation that the MMA only preempts state regulations that are in "conflict" with Medicare e-prescribing standards. PCMA supports adoption of RxHub protocol as a "foundation standard" for transmission of formulary and medication history information.

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Industry representatives who filed comments on the e-prescribing “foundation standards” draft rule favored broader preemption than proposed by the Centers for Medicare & Medicaid Service, but did not specify exactly what they sought to preempt, agency advisor Kocot says.

E-Prescribing Comments On Broad Preemption Difficult To Evaluate, CMS Says

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The proposal would establish standards for delivering formulary information based on an RxHub protocol. Under the rule, formulary transmissions would include information on coverage, preferred alternative drugs and comparative copayments.

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