Medicare Blog

how does medicare look at re-importation of drugs from canada

by Mrs. Adelle Ward DVM Published 2 years ago Updated 1 year ago

The Medicare Modernization Act of 2003 (MMA) amended the Section 804 importation language that was added by the MEDS Act. The MMA specifies that wholesalers and pharmacists can only import prescription drugs from Canada, not other industrialized countries.

Full Answer

Can I import prescription drugs from Canada?

Jun 26, 2003 · Reimportation of drugs from Canada, or any other country, does not address the real problems of the relatively small population of seniors who are without drug coverage. [1]

What does the FDA’s new rule on drug imports mean for You?

The History of Drug Importation. In 2003, the Medicare Modernization Act gave the Secretary of Health and Human Services limited power to allow the importation of some drugs from Canada, but only if the Secretary could certify the imports would both 1) pose no additional risk to public health and safety, and 2) generate cost-savings for ...

Can I import products under the Meds Act?

Jul 28, 2021 · Importation of prescription drugs under conditions set forth first by the MEDS Act, and then by the MMA, could allow wholesalers and pharmacists to obtain FDA-approved drugs at lower prices than ...

Why can’t insulin be imported into Canada?

Jan 07, 2020 · The FDA cautions that : “In most circumstances, it is illegal for individuals to import drugs into the United States for personal use. This is because drugs from other countries that are available for purchase by individuals often have not been approved by FDA for use and sale in the United States. For example, if a drug is approved by Health ...

Will Medicare cover drugs from Canada?

Drugs purchased abroad (such as from Canada) will not be covered by the Medicare benefit and will not count toward the out-of-pocket limit.Jan 10, 2022

Can I ship prescription drugs from Canada?

There is a risk that the medications have been manufactured with low-quality standards, making them potentially dangerous. Ordering medications online to be delivered by mail, from any outside country, including Canada, is risky and may be illegal.Jan 6, 2021

Can prescription drugs be mailed from Canada to US?

Prescriptions cannot be mailed to US citizens. Under no circumstances can narcotics be mailed into the United States. United States customs officials have the right to seize and destroy ALL contents of a package containing a banned drug.Jul 6, 2016

Can a Canadian prescription be filled in the US?

Q: Can a foreign traveler get a prescription filled when visiting the U.S.? A: If you're traveling to the United States from another country and need a prescription filled, you should visit a health care provider. Very few pharmacies can fill a foreign prescription, and this is determined on a state-by-state basis.Feb 2, 2016

What happens if you mail prescription drugs?

It is important to remember that even if you did not receive any payment for the mailing of the prescription drug mailed, you would still be subject to penalties, most probably a felony punishable by fines and up to 15 years in prison.Oct 30, 2019

Can you import prescription drugs for personal use?

In most circumstances, it is illegal for individuals to import drugs into the United States for personal use. This is because drugs from other countries that are available for purchase by individuals often have not been approved by FDA for use and sale in the United States.Jan 26, 2021

Is tramadol a controlled substance?

However, the Drug Enforcement Administration (DEA) classifies tramadol as a Schedule IV controlled substance, meaning it's considered to have a lower risk of addiction and abuse than Schedule II opioids, such as oxycodone and hydrocodone.May 14, 2019

Drug Importation

Ensuring patients have access to needed medicines is critical, but the importation of unapproved medicines, whether from Canada or elsewhere in the world, is the wrong answer.

The History of Drug Importation

In 2003, the Medicare Modernization Act gave the Secretary of Health and Human Services limited power to allow the importation of some drugs from Canada, but only if the Secretary could certify the imports would both 1) pose no additional risk to public health and safety, and 2) generate cost-savings for American consumers.

Why Drug Importation is Bad for Patients

Importation schemes have been proposed at various times as an approach to reducing drug costs. However, these schemes fail to acknowledge that the resources required to ensure the safety and efficacy of any drugs being imported from or passing through other countries into the United States would outweigh any potential savings.

What is Medicare Modernization Act?

The MMA specifies that wholesalers and pharmacists can only import prescription drugs from Canada, not other industrialized countries.

What is the 804 Act?

In 2000, Congress enacted the Medicine Equity and Drug Safety (MEDS) Act, which added Section 804 to the FD&C Act, to allow pharmacists and wholesalers to import prescription drugs directly from certain industrialized countries, including Canada, subject to specified limitations and safeguards. The MEDS Act allows such importation, subject ...

What is closed distribution network?

is a “closed” system that provides the American public with multiple levels of protection against receiving unsafe or poor quality medications.

Which states have enacted laws establishing importation programs for prescription drugs from Canada?

Several states, including Florida, Vermont, Colorado, Maine, New Mexico, and New Hampshire have enacted laws establishing importation programs for prescription drugs from Canada.

What does PMPRB do?

The PMPRB reviews the prices charged for drugs, and if the Board determines the price of a drug is excessive, it can order a patentee to lower the price of a drug, including requiring a monetary payment for the excess revenue earned from the drug. 2.

Which states have submitted importation plans for HHS approval?

Colorado and Maine have also submitted importation plans for HHS approval. All states are awaiting feedback from HHS on their plans. New Mexico and New Hampshire are also in the process of developing importation plans for HHS approval.

Which states have submitted SIPs to HHS?

Florida, Vermont, Colorado, and Maine submitted plans to HHS prior to adoption of the Administration’s final rule authorizing SIPs. In theory, states could move forward with an importation plan if their proposal meets the requirements laid out in Section 804 of the FD&C Act and is certified by the HHS Secretary.

Is Medicare importing from Mexico?

“Isn’t it odd that Medicare, and Americans in general, are prohibited by law from importing medicine from Canada, Mexico, etc., due to possible safety concerns? But American drug companies are not prohibited from importing and selling drugs from countries that are known to have serious manufacturing quality and safety violations over and over again. We, on the other hand, are forced by our health insurers to purchase these dangerous generics instead of brand name drugs.

Is it illegal to import a drug that has not been approved by the FDA?

For example, if a drug is approved by Health Canada (FDA’s counterpart in Canada) but has not been approved by FDA, it is an unapproved drug in the United States and, therefore, illegal to import. FDA cannot ensure the safety and effectiveness of drugs that it has not approved.”.

What are self employed groups and municipalities doing?

Self-employed groups and municipalities are circumventing laws on importation and offering benefits that include medications from outside the United States. Patients are individually seeking prescription medications through pharmacy internet sites claiming to be Canadian in origin.

What is Canada Drugs fined for?

As an example, an online pharmacy named Canada Drugs was fined $34 million for importing unapproved drugs, includ- ing counterfeit oncology medications to the United States in April 2018. Though claiming to be Canada’s largest internet pharmacy, its drugs were sourced from around the globe.9.

What is the Food Drug and Cosmetic Act?

The Food Drug and Cosmetic Act (FDCA) of 1906 and its amendments are the safety net for our current drug approval and distribution process. These laws work to strengthen the manufacturing and distribution systems to ensure that the supply of United States medication is safe and effective.

When did Rhode Island legalize public intoxication?

In 1972, Rhode Island enacted a series of laws that decrimi-nalized public intoxication. One particular law (23-1.10.10), detailed that someone “incapacitated by alcohol” be brought to a designated facility for emergency treatment.

Does Kaiser offer foreign medication?

In December 2017, Kaiser Health News chronicled the growing number of entities, such as school systems, municipalities, and cities, that are quietly offering their employees the option of using foreign medications at a reduced employee contribution to healthcare by reducing deductibles and copays.

Did Rhode Island accept people intoxicated?

Most importantly, they accepted people intoxicated directly from the street, and cared for much of the state’s homeless population, many of them hundreds of times. In the 1990s Ben Rush was becoming increasingly expen- sive and federal grants were drying up, a phenomenon not unique to Rhode Island.

What is the import and export of health products?

The import and export of health products are regulated under the Food and Drugs Act and its associated Regulations. These laws and regulations apply to: Some health products have additional restrictions placed on them by other Acts such as the: Where 2 different restrictions or requirements exist, such as the quantity allowed for importation, ...

What is the law that regulates the import and export of drugs?

Import and export of drugs and health products: Compliance and enforcement. Importing and exporting health products is regulated under the Food and Drugs Act and its associated Regulations. Some health products may also have additional restrictions placed on them by other Acts and Regulations.

What is the Controlled Drugs and Substances Act?

Controlled Drugs and Substances Act and its associated Regulations. Convention on International Trade in Endangered Species of Wild Fauna and Flora. Where 2 different restrictions or requirements exist, such as the quantity allowed for importation, the most restrictive or prescriptive rule will apply. The import and export requirements of sperm and ...

What are veterinary products?

veterinary health products. blood and blood components for transfusion. human cells, tissues and organs for transplant. Some health products have additional restrictions placed on them by other Acts such as the: Controlled Drugs and Substances Act and its associated Regulations.

Why is drug importation important?

The purpose of drug importation is to secure drugs at prices determined by foreign governments, not to achieve efficiency by promoting competition, innovation, or new investment.

What is the result of the two tier system of drug quality in the U.S.?

The result is a two-tier system of drug quality in the U.S., one for those who can afford to pay for American-made drugs, and one for those who must put their lives at risk by buying drugs from foreign pharmacies. (4) Importation reduces investment in discovering and testing new drugs.

Why do drug companies stand in the way of a positive change in public policy?

They believe drug companies stand in the way of a positive change in public policy in order to protect their (excessive) profits. Opponents of drug importation say importing drugs from Canada (or other countries) will make the U.S. drug supply less safe and won’t lower prices by much or for very long.

Why is the apparent benefit of price controls so small?

And the apparent benefit is much smaller than it might seem, because consumers in countries with price controls have fewer generic drugs to choose from, so their total spending on drugs, for a given set of prescriptions, is not much less than what consumers in the U.S. spend.

Why do researchers cover up side effects?

Finally, one of the more outrageous charges is that researchers cover up side effects and problems with new drugs because they make money off the research . Research money from a drug company goes to the department of the medical school doing the research and does not enrich individual researchers.

How much money did the pharmaceutical industry spend in 2000?

But according to the Pharmaceutical Research and Manufacturers of America, industry outspent NIH $26 billion to $18 billion in 2000. According to NIH itself, only four out of the 47 best-selling drugs were developed in part with NIH funding.

When did Medicare reforms start?

Implementation of the new prescription drug benefit, part of the Medicare reform legislation signed by President Bush in December 2003, could dramatically reduce interest by seniors in drug importation, though AARP and other interest groups can be expected to keep the issue alive until the new entitlement is in place.

How long does it take for HHS to take effect?

Though the rule goes into effect in 60 days, HHS officials could not say when actual importation plans would take effect. The regulation also states that federal officials cannot estimate how much money will be saved, because it’s not yet known how many and which drugs will be imported. The plan has faced strong objections from ...

Which states have a rule that allows prescription drugs to be imported?

The rule paves the way for Florida, Colorado, Maine, Vermont, New Hampshire and New Mexico to begin the process of implementing laws they have passed to allow certain prescription drugs to be imported. The states must get approval from the HHS to begin their programs. Save 25% when you join AARP and enroll in Automatic Renewal for the first year.

Can insulin be imported from other countries?

HHS officials on Thursday put out a call for proposals on how the private sector might create programs that would allow Americans to get less expensive insulin imported from other countries. Because insulin is a biologic drug, it is not eligible to be imported under the final regulation on drug importation. The agency is seeking proposals that would allow insulin originally manufactured in the United States and then shipped to other countries to be reimported to the U.S. and distributed to consumers at a lower cost than what they now pay.

Who is the HHS chief of staff?

HHS Chief of Staff Brian Harrison told reporters that the agency is also seeking proposals that would allow individuals to get imported FDA-approved prescription drugs for personal use.

What is the final rule of the White House?

The final rule, part of the White House’s Safe Importation Action Plan, fulfills the aspect of the previous executive order, which will allow states to import certain prescription drugs from Canada. FDA noted that the rule implements a provision of federal law that allows FDA-authorized programs to import specific prescription drugs ...

What is the purpose of re-labeled prescription drugs?

Prescription drugs that are already authorized for use must be re-labeled with the required US labeling and undergo testing for authenticity, degradation, specifications, and standards. Primarily, the programs will have to prove significant cost reductions of the covered products to consumers.

What is the Safe Importation Action Plan?

The Safe Importation Action Plan aims to clearly describe procedures to import drugs that would lower prices and improve access while also maintaining ...

Who manages the drug importation program?

A drug importation program can be managed by the respective sponsor and any co-sponsors, which can be a state, Indian tribe, pharmacist, or wholesaler. But the program must be authorized by FDA to facilitate the importation of certain prescription drugs that are improved in Canada, as well as meet the conditions of an FDA-approved drug application, ...

Can you import prescription drugs from Canada?

FDA noted that the rule implements a provision of federal law that allows FDA-authorized programs to import specific prescription drugs from Canada under conditions that ensure the importation does not put the health or safety of individuals at risk.

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