Last year, the Community Oncology Alliance sued to reverse a policy that prohibits oncology practices from mailing cancer drugs to patients at home. A judge recently dismissed the suit.
In late August, a federal judge ruled that a Medicare policy, which essentially prohibits oncology practices from delivering medications to patients at home, can stand.
According to COA's Executive Director Ted Okon, the judge's recent decision to uphold the Medicare policy was not unexpected. The ruling was in line with an earlier opinion denying COA an injunction, Okon explained. The COA board will decide whether to appeal, but Okon noted that he would recommend against further litigation.— the Seniors' Access to Critical Medications Act — will be adopted by year's end, Okon said.
But once COA alerted Oncology Consultants about the CMS change, Nguyen ceased deliveries for Medicare patients. The change now requires patients — not a caregiver or other representative — to come in person to pick up a prescription. Okon said he is not aware of any enforcement actions that CMS has taken against a practice for delivering a drug to a patient or allowing a caregiver to pick up a prescription."I think it's more the threat that CMS is using here," he said.
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