Enacted Legislation

Secure and Responsible Drug Disposal Act of 2010  | October 2010

The Secure and Responsible Drug Disposal Act of 2010 (Public Law No: 111-273) intends to facilitate the safe disposal of controlled substances by all patients - including those in LTC facilities. The Act authorizes (but does not require) the Attorney General, acting through DEA, to promulgate regulations describing the circumstances under which LTC facilities (which are not eligible to be DEA-registrants) may dispose of controlled substance on behalf of the patients in their facilities. This practice was not previously allowed under the Controlled Substances Act, the primary federal policy under which the manufacture, importation, possession, use and distribution of pharmaceuticals are regulated.

The legislation works within the framework of the Controlled Substances Act, leaving a great deal of the detail to the discretion of the Attorney General in determining whether and how the legislation will be implemented in the LTC setting.

Air Transportation Modernization and Safety Improvement Act | August 2010

Sec. 201 of the Air Transportation Modernization and Safety Improvement Act (Public Law No: 111-226) amends the American Recovery and Reinvestment Act of 2009 to extend through the first three calendar quarters of 2011 the Federal Medicaid Assistance Percentage (FMAP). The legislation reduces to 3.2 % the percentage increase in FMAP in the second quarter of FY2011, and to 1.2% in the third quarter of FY2011 and extends until December 31, 2010, the additional increases in FMAP based upon increases in state unemployment rates.

The legislation amends title XIX (Medicaid) of the Social Security Act to include in the Medicaid average manufacturer price any drug that is an inhalation, infusion, instilled, implanted, or injectable drug that is not generally dispensed through a retail community pharmacy.

The Patient Protection and Affordable Care Act | March 2010

Sec. 3310 of the Patient Protection and Affordable Care Act (Public Law No: 111-148) requires Medicare Part D Plans to employ utilization management techniques to reduce the quantity dispensed per fill for beneficiaries who reside in LTC facilities. The intent of this "short cycle dispensing" provision is to reduce unused medications by moving from traditional 30-day fills to biweekly, weekly, or daily fills. The rationale behind this mandate is that shorter fills will result in fewer unconsumed medication units ("waste") that normally occur due to medication switching, facility discharges, death or other causes.

The Health Care and Education Reconciliation Act of 2010 | March 2010 

The Health Care and Education Reconciliation Act of 2010 (Public Law No: 111-152) was enacted by means of the reconciliation process in order to make changes to Patient Protection and Affordable Care Act. The legislation reflects House and Senate negotiations and also includes reform of the nation's student loan system.