NC Medicaid Medicaid
Outpatient Pharmacy Clinical Coverage Policy No: 9
Amended Date: July 15, 2024
24F27 12
pharmacy provider shall not contact the beneficiary in an effort to initiate a refill unless it
is part of a good faith clinical effort to assess the beneficiary’s medication regimen. The
possession, by a provider, of a prescription with remaining refills authorized does not in
itself constitute a request to refill the prescription. A beneficiary or provider shall not
waive the explicit refill request and enroll in an electronic automatic refill program. Any
prescriptions filled without a request from a beneficiary or their responsible party are
subject to recovery. Any pharmacy provider with a policy that allows filling prescriptions
on a regular date or any type of cyclical procedure is subject to audit, claim recovery or
possible suspension or termination of their provider agreement. This does not prohibit a
pharmacy from using refill reminders to encourage a beneficiary’s adherence to their
medication regimen, as long as the reminders are for medications the beneficiary is
currently receiving.
5.8 Generic Substitution
Refer to Subsection 5.11 for information on Narrow Therapeutic Index (NTI) drugs.
The General Assembly authorizes and mandates pharmacists participating in Medicaid to
substitute generic drugs for brand or trade name drugs unless the prescriber specifically
orders the brand name drug. A prescription for a drug designated by a brand or trade
name for which one or more equivalent drugs are available is considered an order for the
drug by its generic name, except when the prescriber personally indicates in his or her
own handwriting on the prescription order “medically necessary.” Current Session Law
states:
“Dispensing of generic drugs. – Notwithstanding G.S. 90-85.27 through G.S. 90-
85.31, or any other law to the contrary, under the Medical Assistance Program (Title
XIX of the Social Security Act), and except as otherwise provided in this subsection
for drugs listed in the narrow therapeutic index, a prescription order for a drug
designated by a trade or brand name shall be considered to be an order for the drug
by its established or generic name, except when the prescriber has determined, at the
time the drug is prescribed, that the brand-name drug is medically necessary and has
written on the prescription order the phrase "medically necessary."
An initial prescription order for a Medicaid beneficiary that is for a drug listed in the
narrow therapeutic drug index that does not contain the phrase "medically
necessary" shall be considered an order for the drug by its established or generic
name, except that a pharmacy shall not substitute a generic or established name
prescription drug for subsequent brand or trade name prescription orders of the same
prescription drug without explicit oral or written approval of the prescriber given at
the time the order is filled. Generic drugs shall be dispensed at a lower cost to the
Medical Assistance Program rather than trade or brand-name drugs.
Notwithstanding this subdivision to the contrary, the Secretary of Health and Human
Services may prevent substitution of a generic equivalent drug, including a generic
equivalent that is on the state maximum allowable cost list, when the net cost to the
State of the brand-name drug, after consideration of all rebates, is less than the cost
of the generic equivalent. As used in this subsection, "brand name" means the
proprietary name the manufacturer places upon a drug product or on its container,
label, or wrapping at the time of packaging; and "established name" has the same
meaning as in section 502(e)(3) of the Federal Food, Drug, and Cosmetic Act, as
amended, 21 U.S.C. § 352(e)(3).