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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2014

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Delaware Health and Social Services (“Department”) / Division of Medicaid and Medical Assistance (DMMA) initiated proceedings to submit a state plan amendment to the Centers for Medicare and Medicaid Services (CMS) regarding prescribed drug coverage, specifically, changes to the coverage of barbiturates, benzodiazepines and agents used to promote smoking cessation. The Department’s proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.
The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the April 2014 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by April 30, 2014 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
42 CFR §440.120, Prescribed drugs
42 CFR §447.205, Public notice of changes in Statewide methods and standards for setting payment rates
Agency Response: DMMA thanks the Council for its endorsement.
Agency Response: DMMA thanks the Council for its endorsement.
THEREFORE, IT IS ORDERED, that the proposed regulation regarding prescribed drug coverage, specifically, to remove benzodiazepines, barbiturates, and smoking cessation drugs from the list of drugs a state can exclude from coverage or restrict is adopted and shall be final effective June 10, 2014.
STATE: DELAWARE
STATE: DELAWARE
(g) covered outpatient drugs which the manufacturer seeks to require as a condition of sale that associated tests or monitoring services be purchased exclusively from the manufacturer or its designee (see specific drug categories below)
(h) barbiturates ALL [Except for dual eligible individuals, effective January 1, 2013, when used in the treatment of epilepsy, cancer or a chronic mental health disorder as Part D will cover those indications per 1860D-2(e)(2)(A) of the Social Security, as amended by Section 175 of the Medicare Improvement for Patients and Providers Act of 2008 (MIPPA)]
(see specific drug categories below)
(i) benzodiazepines ALL [Except for dual eligible individuals, effective January 1, 2013, as Part D will cover all indications per 1860D-2(e)(2)(A) of the Social Security, as amended by Section 175 of the Medicare Improvement for Patients and Providers Act of 2008 (MIPPA)]
(see specific drug categories below)
STATE: DELAWARE
Last Updated: December 31 1969 19:00:00.
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