42 U.S.C. § 299b–35: Grants or contracts to…

Summary

The Secretary, working through the Patient Safety Research Center, must set up a program to give grants or contracts to eligible groups so licensed pharmacists can run medication therapy management (MTM) services for people with chronic diseases. The program must start by May 1, 2010. To get funding, a group must have a proper place for MTM services, a plan to pay for them long-term, plans to work with local health teams or primary care extension programs when needed, a plan to meet the MTM service rules below, and any other information the Secretary asks for. MTM services include checking patients’ health, making and changing medication plans with prescribers and patients, monitoring therapy (including lab work), doing full and follow-up medication reviews, documenting and sharing care, teaching patients and caregivers, helping patients stick to treatment, coordinating with other care, and other pharmacist-allowed services. MTM must be offered to people who take 4 or more prescriptions (including OTC drugs and supplements), take any high-risk medicines, have 2 or more chronic diseases as set by the Secretary, or have had care transitions or other risks the Secretary identifies. The Secretary must consult experts and stakeholders when designing the program and may try rapid-cycle improvement methods. Funded groups must report their activities and quality measures to the Secretary. The Secretary must evaluate the program and report to Congress on clinical results, costs, satisfaction, effects of patient cost-sharing, other influencing factors, and potential conflicts of interest. The Secretary may also fund development of MTM performance measures.

Title 42, §299b–35

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

The Secretary, acting through the Patient Safety Research Center established in section 299b–33 of this title (referred to in this section as the “Center”), shall establish a program to provide grants or contracts to eligible entities to implement medication management (referred to in this section as “MTM”) services provided by licensed pharmacists, as a collaborative, multidisciplinary, inter-professional approach to the treatment of chronic diseases for targeted individuals, to improve the quality of care and reduce overall cost in the treatment of such diseases. The Secretary shall commence the program under this section not later than May 1, 2010.

(b)Eligible entities

To be eligible to receive a grant or contract under subsection (a), an entity shall—

(1)provide a setting appropriate for MTM services, as recommended by the experts described in subsection (e);

(2)submit to the Secretary a plan for achieving long-term financial sustainability;

(3)where applicable, submit a plan for coordinating MTM services through local community health teams established in section 256a–1 of this title or in collaboration with primary care extension programs established in section 280g–12 of this title;

(4)submit a plan for meeting the requirements under subsection (c); and

(5)submit to the Secretary such other information as the Secretary may require.

(c)MTM services to targeted individuals

The MTM services provided with the assistance of a grant or contract awarded under subsection (a) shall, as allowed by State law including applicable collaborative pharmacy practice agreements, include—

(1)performing or obtaining necessary assessments of the health and functional status of each patient receiving such MTM services;

(2)formulating a medication treatment plan according to therapeutic goals agreed upon by the prescriber and the patient or caregiver or authorized representative of the patient;

(3)selecting, initiating, modifying, recommending changes to, or administering medication therapy;

(4)monitoring, which may include access to, ordering, or performing laboratory assessments, and evaluating the response of the patient to therapy, including safety and effectiveness;

(5)performing an initial comprehensive medication review to identify, resolve, and prevent medication-related problems, including adverse drug events, quarterly targeted medication reviews for ongoing monitoring, and additional followup interventions on a schedule developed collaboratively with the prescriber;

(6)documenting the care delivered and communicating essential information about such care, including a summary of the medication review, and the recommendations of the pharmacist to other appropriate health care providers of the patient in a timely fashion;

(7)providing education and training designed to enhance the understanding and appropriate use of the medications by the patient, caregiver, and other authorized representative;

(8)providing information, support services, and resources and strategies designed to enhance patient adherence with therapeutic regimens;

(9)coordinating and integrating MTM services within the broader health care management services provided to the patient; and

(10)such other patient care services allowed under pharmacist scopes of practice in use in other Federal programs that have implemented MTM services.

(d)Targeted individuals

MTM services provided by licensed pharmacists under a grant or contract awarded under subsection (a) shall be offered to targeted individuals who—

(1)take 4 or more prescribed medications (including over-the-counter medications and dietary supplements);

(2)take any “high risk” medications;

(3)have 2 or more chronic diseases, as identified by the Secretary; or

(4)have undergone a transition of care, or other factors, as determined by the Secretary, that are likely to create a high risk of medication-related problems.

(e)Consultation with experts

In designing and implementing MTM services provided under grants or contracts awarded under subsection (a), the Secretary shall consult with Federal, State, private, public-private, and academic entities, pharmacy and pharmacist organizations, health care organizations, consumer advocates, chronic disease groups, and other stakeholders involved with the research, dissemination, and implementation of pharmacist-delivered MTM services, as the Secretary determines appropriate. The Secretary, in collaboration with this group, shall determine whether it is possible to incorporate rapid cycle process improvement concepts in use in other Federal programs that have implemented MTM services.

(f)Reporting to the Secretary

An entity that receives a grant or contract under subsection (a) shall submit to the Secretary a report that describes and evaluates, as requested by the Secretary, the activities carried out under subsection (c), including quality measures endorsed by the entity with a contract under section 1395aaa of this title, as determined by the Secretary.

(g)Evaluation and report

The Secretary shall submit to the relevant committees of Congress a report which shall—

(1)assess the clinical effectiveness of pharmacist-provided services under the MTM services program, as compared to usual care, including an evaluation of whether enrollees maintained better health with fewer hospitalizations and emergency room visits than similar patients not enrolled in the program;

(2)assess changes in overall health care resource use by targeted individuals;

(3)assess patient and prescriber satisfaction with MTM services;

(4)assess the impact of patient-cost sharing requirements on medication adherence and recommendations for modifications;

(5)identify and evaluate other factors that may impact clinical and economic outcomes, including demographic characteristics, clinical characteristics, and health services use of the patient, as well as characteristics of the regimen, pharmacy benefit, and MTM services provided; and

(6)evaluate the extent to which participating pharmacists who maintain a dispensing role have a conflict of interest in the provision of MTM services, and if such conflict is found, provide recommendations on how such a conflict might be appropriately addressed.

(h)Grants or contracts to fund development of performance measures

The Secretary may, through the quality measure development program under section 299b–31 of this title, award grants or contracts to eligible entities for the purpose of funding the development of performance measures that assess the use and effectiveness of medication therapy management services.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 935 of act July 1, 1944, was renumbered section 945 and is classified to section 299c–4 of this title.

Amendments

2010—Subsec. (b)(3). Pub. L. 111–148, § 10501(f)(4), made technical amendment to reference in original act which appears in text as reference to section 280g–12 of this title.

§299b–35 Grants or Contracts to Implement Medication Management Services in Treatment of Chronic Diseases