By Practice Compliance Solutions
This is an excerpt of an article published by Practice Compliance Solutions. Read the full article here.
The Federal Trade Commission (FTC) issued updates to the longstanding eyeglass rule. The main change is that providers are now required to obtain signed confirmation from the patient that they did receive a copy of their glasses prescription. This new requirement closely mirrors the documentation requirements related to the contact lens prescription rules implemented in 2020.
The requirement is fairly clear—“prescribers, after providing the prescription, request that their patients sign a statement confirming they received their prescription and keep a record of such confirmation for at least three years.” Presentation of proof of insurance coverage shall be deemed to be payment for the purpose of determining when the prescription must be provided.
Confusion regarding documentation
Let’s clarify any confusion around how to document the receipt of the prescription.
• The amendment states that the patient must receive a copy of the prescription at the completion of the examination, without request, and before making any attempt to sell the patient glasses. This is totally in line with the original Rule and has not changed anything.
• The amendment confirms that you may provide the prescription either in person or by digital means (email, text, online portal).
• If you manually provide the prescription to the patient at the end of the examination, you must obtain a signed document confirming delivery.
• If you suggest and the patient agrees to digital delivery of the prescription, you still must obtain a signed document confirming the patient agreed to this method of prescription delivery.
A few FAQs
Does simply providing the prescription document compliance with the law? No. You are already required to provide the prescription at the end of any examination that includes a refraction that resulted in a prescription. Documentation from the patient that they received the prescription is a different issue.
If the patient agrees, when do I have to provide them with digital access to their prescription?
“If you are providing the prescription digitally, you must deliver the prescription immediately after the eye exam and before offering to sell the patient eyeglasses”. PCS believes this simply means that digital access to the prescription must be available immediately upon completion of the examination—immediately available to them in their patient portal or already on the way to them by text or email. So get those records completed before you leave the exam room! Also, make sure any digital means of provision are HIPAA compliant (encrypted).
When do I have to obtain documentation that the patient received their prescription? At the completion of the examination and before you offer to sell the patient glasses. The Rule specifically states you may not have the patient sign pre-appointment paperwork confirming they will receive a copy of their prescription.
I want to provide prescriptions digitally—can the patient refuse this option? Yes. The patient has the choice of receiving a hard copy of the prescription at the end of the examination or having access to the prescription by digital means.
Can I ever charge a patient for a copy of their ophthalmic prescription? No.
Does the new amendment require the inclusion of the patient’s PD on the prescription? It does not. A word of caution, the FTC states, “The prescription should be legible and complete. In addition, some states require you to include the patient’s pupillary distance in their prescription. If your patient wants to buy glasses online, they will need that measurement. If you take a patient’s pupillary distance measurement, we encourage you to provide it to your patient.”
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