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Stop the DEA From Criminalizing Routine Geriatric Care in Nursing Homes

This petition was published by Jabbar Fazeli, MD on Nov 21, 2009

We petition our government to instruct the DEA and CMS to take the following actions:

1. The DEA should use the same standards for all inpatient facilities, including nursing homes. Nursing homes (NF and skilled facilities) and assisted living facilities should be treated the same as hospitals and inpatient rehabilitation facilities, provided they maintain the same pharmacy checks and balances as hospitals. This should include the ability of nursing home nurses to use the “Emergency box” to fill doctors orders until the pharmacy can deliver the ordered medications.

2. Allow nursing home nurses to act as the agents of medical providers to implement and carry out doctors’ orders in their facilities. This should apply to the DEA as well as Medicare Part-D issues i.e. assist with prior authorization issues and conveying doctors’ orders to pharmacies.

3. Allow nursing home pharmacies to act as the agents of medical providers in processing prior authorizations with Medicare part-D plans for nursing home patients when providers order drugs not covered by Part-D formularies.

4. Allow nursing homes to have a less restrictive system for partial fills for PRN (as needed) as well as scheduled narcotics to decrease drug wasting and associated cost.

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