Mo. Code Regs. Ann. tit. 13, § 70-20.042
Automatic Refill Program
Effective May 30, 2024sections 208.153, 208.201, and 660.017, RSMo 2016.* Original rule filed Dec. 15, 2022, effective July 30, 2023. Amended: Filed Nov. 6, 2023, effective May 30, 2024. *Original authority: 208.153, RSMo 1967, amended 1967, 1973, 1989, 1990, 1991, 2007, 2012; 208.201, RSMo 1987, amended 2007; and 660.017, RSMo 1993, amended 1995Mo Healthnet Division
PURPOSE: This rule establishes the regulatory basis to prohibit automatic refill of prescriptions by providers for MO HealthNet participants.
(1) Automatic Refill Program.
- (A) MO HealthNet does not allow automatic refills or automatic shipments of medications, devices, or supplies. MO HealthNet does not pay for any prescription without an explicit request from a participant or the participant’s responsible party, such as a caregiver, for each refilling event. Participants and providers cannot waive the explicit refill request requirement and enroll in an automatic refill program.
- (B) This ban on automatic refills shall include all MO HealthNet participants, including dual eligible participants and participants with other primary insurance.
(C) A nurse or other authorized agent of the facility may initiate a request for a refill for a participant residing in a skilled nursing facility, group home, or assisted living arrangement.
- 1. Cycle filling for a participant residing in a skilled nursing
facility, group home, or assisted living arrangement does not constitute an automatic refill program as long as the pharmacy and facility staff have a policy and procedure in place to prevent medication that is discontinued or otherwise unneeded from being billed to MO HealthNet. Cycle-fill medication that does not follow the policy and procedure between the pharmacy and facility may be subject to administrative action.
- (D) Any prescription filled without a request from a participant or the participant’s responsible party may be subject to recoupment. Any provider who pursues an automatic refill policy may be subject to administrative action.
AUTHORITY: sections 208.153, 208.201, and 660.017, RSMo 2016.* Original rule filed Dec. 15, 2022, effective July 30, 2023. Amended: Filed Nov. 6, 2023, effective May 30, 2024. *Original authority: 208.153, RSMo 1967, amended 1967, 1973, 1989, 1990, 1991, 2007, 2012; 208.201, RSMo 1987, amended 2007; and 660.017, RSMo 1993, amended 1995.