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US Doctors' Ability to Prescribe Drugs for Older & Disabled Patients

under New Medicare Drug Benefit

30 May 2005 Medical News Today

People with mental disorders treated with medications from a drug

class that has been excluded from Medicare coverage are at risk of

harm, and even danger, according to a new report released by the

Medicare Rights Center, a national consumer group.

Benzodiazepines, a category of drugs commonly prescribed to treat

anxiety - including dementia-related anxiety, panic and seizure

disorders, and muscle spasms, have been completely excluded from the

list of drugs Medicare will cover, when the new drug benefit takes

effect in January 2006.

" When an obvious mistake will bring incalculable harm to Americans in

need, it is the moral obligation of the White House or Congress to

fix it, " said M. , president of the Medicare Rights

Center. " Either one has the power to correct this blunder. "

The legislative record of the Medicare Modernization Act (MMA) does

not provide an explanation for the exclusion of benzodiazepines nor

does the U.S. Department of Health and Human Services offer a

rational for the policy to eliminate this class of drugs, explains

the report. The drug class, benzodiazepines, includes medicines such

as Xanax, Valium and Halcion.

The Medicare Rights Center recommends that:

-- Congress should amend the MMA to eliminate the benzodiazepine

exclusion. In doing so, Congress could clarify that benzodiazepines

may be limited in clinically appropriate ways by Part D plans to

minimize the potential for misuse or abuse.

-- Alternatively, the Secretary of Health and Human Services should

undertake a clinical review of the list of excludable and

restrictable drugs under Medicaid and revise the list based on

current clinical evidence and state practice. If the Secretary

updated the list of drugs excludable under Medicaid, those updates

would automatically apply to the exclusions under Medicare Part D.

-- States, through Medicaid programs and state pharmacy assistance

programs, should provide coverage for benzodiazepines (and other

excluded drugs) for " dual eligibles " (people with both Medicare and

Medicaid coverage) and for people with low and middle incomes who

will have difficulty paying for excluded drugs.

" People with Medicare deserve to know that their doctor may choose

the medication that will work best for their condition, rather than

worrying that an unintended mistake by Congress, compounded by the

White House, will leave them without the medication they need, " said

Mr. .

The Medicare Rights Center report Critical Coverage: The Exclusion of

Benzodiazepines under Medicare Part D, is available online at

medicarerights.org/benzoreport.pdf?tr=y & auid=9084566.

Medicare Rights Center (MRC) is the largest independent source of

Medicare information and assistance in the United States. Founded in

1989, MRC helps older adults and people with disabilities get high-

quality, affordable health care.

1460 Broadway

New York, NY 10036

212-869-3850

http://www.medicarerights.org

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