Newsroom > DHHS News Release


April 24, 2008


Marla Augustine, Communications and Legislative Services, (402) 471-4047,


DHHS to Hold Hearing May 1 in Lincoln

Regarding tamper resistant prescription pads

Lincoln – The Department of Health and Human Services (DHHS) Division of Medicaid and Long-Term Care will hold a public hearing May 1, 2008 at 10:00 a.m. CT. The hearing will take place in Lincoln at the State Office Building, 301 Centennial Mall South, Lower Level Conference Room ‘A.’

The Division is holding this hearing to accept comments on proposed changes Medicaid regulations. The proposed changes require that, based on federal law, written prescriptions for medications for Medicaid clients must have at least one of three tamper-resistant features as of April 1, 2008. The three tamper-resistant features will:

  • prevent unauthorized copying, such as a high security watermark or thermochromic ink;
  • prevent erasure or modification of information, such as a tamper-resistant background ink that shows erasures or attempts to change written information; and;
  • prevent the use of counterfeit prescription forms, such as sequentially numbered blanks or duplicate or triplicate blanks.

Effective October 1, 2008, written prescriptions for Medicaid clients must have all three features. Exempt from the tamper-proof requirements are prescriptions that are:

  • faxed to the pharmacy from the prescribers office or;
  • telephoned to the pharmacy by the prescriber or;
  • prescribed electronically.

Emergency fills for prescriptions written on non-tamper-resistant pads are permitted as long as the prescriber provides a verbal, faxed, electronic or compliant written prescription within 72 hours after the date on which the prescription was filled.

Anyone may attend and comment at the hearings or submit comments in writing. Written comments must be postmarked or received by 5:00 p.m. CT, May 3, 2008. They should be sent to DHHS Regulatory Analysis and Integration, 301 Centennial Mall South, P.O. Box 95026, Lincoln, NE 68509; faxed to 402-742-2382; or e-mailed to

If auxiliary aids or reasonable accommodations are needed to participate in a hearing, please call 402-471-9022. Persons with hearing impairments may call the DHHS at 402-471-9570 (voice and TDD) or the Nebraska Relay System at 711 or 800-833-7352 TDD.

Draft regulations and DHHS hearing notices are available online at: