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Are the rules for transition fills or a temporary drug supply different for people who reside in a long-term care (LTC) facility?

Transition fills · updated Jan 2, 2025

Not exactly.  If you reside in a long-term care (LTC) facility, and within the first 90 days of joining a new drug plan, you find that one of your of Part D prescription medications is no longer covered by your current Medicare Part D plan (or Medicare Advantage plan that includes prescription drug coverage), then your Medicare prescription drug plan will provide you with a one-month transition fill or temporary supply of your medication (unless your prescription is written for a shorter duration, for instance a 10-day prescription - and then you will have multiple refills for the transition period).  These rules for a LTC transition fill or temporary fill are the same for out-patient Part D plan members.

However, if a long-term care resident exceeds the initial 90 day limit, the Medicare plan can provide a 31-day Emergency Supply of the medication.

Question:  What is a transition fill?

The Centers for Medicare and Medicaid Services (CMS) states:
"A Part D sponsor must provide for an appropriate transition process for certain enrollees who are prescribed Part D drugs that represent ongoing therapy with that drug, but that are non-formulary. The purpose of providing a transition supply is to promote continuity of care and avoid interruptions in drug therapy while a switch to a therapeutically equivalent drug or the completion of an exception request to maintain coverage of an existing drug based on medical necessity reasons can be effectuated."

As reference please see: CMS Medicare Prescription Drug Benefit Manual, Chapter 6 – Part D Drugs and Formulary Requirements, Section 30.4 - Transition (Rev. 18, Issued: 01-15-16, Effective: 01-15-16; Implementation: 01-15-16)

A note on drugs excluded from the Part D program.  If your prescription medication is now excluded from the Medicare Part D program, the medication will not be covered by the transition fill policy.  (Learn more about drugs excluded from the Medicare Part D program: see: https://www.cms.gov/Medicare/Prescription-Drug-Coverage/PrescriptionDrugCovContra/  downloads/PartDDrugsPartDExcludedDrugs.pdf) Where can you learn more?

You may notice in your Medicare drug plan's Evidence of Coverage (EOC) document a description of transition fills that may state something like:
"In the retail setting, non-LTC beneficiaries are eligible to receive at least a one-time temporary fill of at least a month’s supply of medication (unless the prescription is written for less than a month’s supply of medication in which case [the Part D drug plan] will allow multiple fills up to a total of one month’s supply of medication) anytime during the first 90 days of a beneficiary’s enrollment in a plan, beginning on the beneficiary’s effective date of coverage. Greater than a month’s supply will be provided when the drug is prepackaged and cannot be dispensed at a lower day supply.

In the long-term care [LTC] setting, LTC beneficiaries are eligible to receive a one month temporary fill of at least a month’s supply (unless the enrollee presents with a prescription written for less), which will be dispensed incrementally as applicable under (42 CFR 423.154) and with multiple fills provided if needed during the first 90 days of a beneficiary’s enrollment in a plan, beginning on the beneficiary’s effective date of coverage.

In the long-term care setting [LTC], after the transition period has expired, [the Part D drug plan]’s transition policy
provides for a 31-day emergency supply of non-formulary Part D drugs or formulary Part D drugs that require prior authorization, or step therapy and/or have quantity limits (unless the enrollee presents with a prescription written for less than 31 days) while an exception or prior authorization is requested. Greater than a 31-day supply will be provided when the drug is prepackaged and cannot be dispensed at a lower day supply."

Reference:

The Centers for Medicare and Medicaid Services (CMS), Medicare Prescription Drug Benefit Manual Chapter 6 – Part D Drugs and Formulary Requirements, 30.4 - Transition, Section 30.4.4.2 - Timeframe and Transition Supply in the Long Term Care [LTC] Setting (Rev. 18, Issued: 01-15-16, Effective: 01-15-16; Implementation: 01-15-16) - as updated by:

"CMS Finalizes Policy Changes and Updates for Medicare Advantage and the Prescription Drug Benefit Program for Contract Year 2019 (CMS-4182-F)"
https://www.cms.gov/newsroom/fact-sheets/cms-finalizes-policy-changes-and-updates-  medicare-advantage-and-prescription-drug-benefit-program

"Changes to the Days' Supply Required by the Part D Transition Process (§ 423.120)"
https://www.federalregister.gov/documents/2018/04/16/2018-07179/  medicare-program-contract-year-2019-policy-and-technical-changes-to-the-medicare-advantage-medicare