Prescription Release Policy and Procedures

Created by Lacey Mielcarek, Modified on Fri, 27 Sep, 2024 at 12:16 PM by Lacey Mielcarek

Prescription Release Policy and Procedures

Policy #: 14-Compliance Effective Date: September 24, 2024

Last Reviewed: September 24, 2024 Last Revised: September 24, 2024

Next Review: September 2026 Approved by: Executive Compliance Committee

Approval Date: September 24, 2024 Version #: 1.0

Title: Prescription Release Policy and Procedures

Ref: The federal Contact Lens Rule (16 C.F.R. Part 315) and the federal Ophthalmic Practice Rule (Eyeglass Rule) (16 C.F.R. Part 456

SCOPE

This policy applies to 20/20 Vision Center, LLC and its subsidiaries and affiliates (collectively, “we”, “our”, “us”, “20/20NOW”, or “the Company”) and all its/their employees, officers, directors, and contractors (collectively, “you”, “your”, or “Covered Persons”).

This policy also applies to all individuals employed by customers or clients (collectively, “Clients”) who perform certain delegated support services under the general supervision of the Practitioner as part of the written agreements between 20/20NOW and the Clients.

Purpose

20/20NOW is committed to conducting business in compliance with all applicable laws, regulations, and policies. The federal Ophthalmic Practice Rule (also known as the Eyeglass Rule) and the Contact Lens Rule, both enforced by the Federal Trade Commission, require all eye doctors (including Practitioners who are optometrists and ophthalmologists) to give patients copies of their prescriptions upon conclusion of their eye examinations. These rules also state that patients are not required to ask for their prescriptions, nor should patients be asked if they want copies of their prescriptions.

The Eyeglass Rule states that eye doctors (or their staff) must give patients copies of their prescriptions:

Immediately after completing the eye examination (no matter the purpose of the examination, and regardless of whether the eye doctors charge for such examination),
Regardless of whether the patients request copies of their prescriptions, and
Before offering to sell the patients eyeglasses.

Both the Eyeglass Rule and the Contact Lens Rule allow prescribers to issue prescriptions either on paper or digitally.

If a prescriber offers digital copies of prescriptions, the prescriber must first obtain written consent from the patient to deliver the prescription digitally, and the prescription must be available for the patient to access, download, and print. The digital prescription must be accessible for the patient to download or print as long as the prescription is valid. The prescriber must retain records or proof that the patient agreed to digital delivery for at least 3 years.
If a prescriber offers paper copies of prescriptions, the prescriber must obtain the patient’s signature on a written statement confirming that the patient received a copy of their prescription. This signed confirmation must be retained for at least 3 years.

The Practices and 20/20NOW have implemented the procedures listed in this document to comply with the Eyeglass Rule and the Contact Lens Rule.

Policy

It is our policy to:

Provide a copy of a patient’s finalized eyeglass prescription upon completion of the eye examination,
Provide a copy of a patient’s finalized contact lens prescription upon completion of the contact lens fitting process, or upon completion of the contact lens examination if the patient’s previous contact lens prescription is being renewed, and
Retain all applicable records related to the required authorizations, proof of digital prescription delivery, and paper prescription receipt confirmations in accordance with the Eyeglass Rule and the Contact Lens Rule.

We expect you to comply with this policy and its associated procedures for each patient who has a prescription for eyeglasses and/or contact lenses. You must not wait until a patient requests a copy of their prescription to provide a copy, nor must you ask a patient if they want a copy of their prescription.

Procedures for Providing Prescriptions to Patients:

We provide 2 ways for patients to receive copies of their eyeglass and/or contact lens prescriptions:

Digital prescriptions. During the patient intake process, the patient has the option to provide their email address and electronically sign an authorization to send the patient an email with a link to access an electronic copy of their prescription. A digital copy of the prescription then is automatically uploaded to the patient’s profile in the online portal upon completion of the eye examination (for eyeglasses), fitting process (for new contact lens wearers or changes in contact lenses), or contact lens examination (for contact lens renewals).
1. The onsite patient care coordinator then prints a courtesy copy of the prescription upon completion of the examination / fitting process (as described above) after the patient pays for the examination.

IMPORTANT: If the patient has a contact lens examination and wants prescriptions for both eyeglasses and contact lenses, the signed authorization applies to both prescription types.

If the eyeglass and contact lens prescriptions are finalized at the same time, then both prescriptions will be uploaded to the patient’s profile in the online patient portal at the same time.

If the patient still needs to complete the contact lens fitting process after the initial contact lens examination, the patient’s eyeglass prescription will be uploaded upon completion of the refractive eye examination, but their contact lens prescription will not be uploaded until the contact lens fitting process is complete and the Practitioner has finalized the prescription.

*** The onsite patient care coordinator must explain to new contact lens patients or patients who are changing contact lens brands or types that they must follow the Practitioner’s instructions and finish the contact lens fitting process before a copy of the finalized contact lens prescription will be available in their patient profile in the online patient portal. If the patient does not follow the Practitioner’s instructions and finish the contact lens fitting process, the Practitioner will not finalize the contact lens prescription, and therefore the patient will not see this prescription in their online patient profile.

The digital prescription is available in the patient’s profile in the online portal for the entire length of the prescription.

Once the patient agrees to have their prescription digitally delivered, 20/20NOW retains that electronically signed authorization for the greater of 3 years or as long as we rely on the patient’s signed authorization to continue receiving their prescriptions digitally, plus another 3 years. There is no need to obtain another signed authorization each time the patient receives services from the Practice, unless the patient revokes the authorization in writing and elects to receive their prescriptions in the future via paper. 20/20NOW also retains records showing (1) that it sent the email to the patient with the link to the online patient portal, and (2) that a copy of the digital prescription was available to the patient during the time the prescription was valid.

There is no fee for receiving the digital and paper copies of the prescriptions.

A patient may change their email address on record or revoke their authorization to receive digital copies of their prescription and medical records at any time by contacting the 20/20NOW Medical Records Department clicking the “Contact Medical Records” link at https://www.for2020now.com/about-us. Onsite patient care coordinators must not change patient email addresses in the EHR, even upon request of the patient.

Paper prescriptions. The onsite patient care coordinator must (1) print a copy of the patient’s prescription, and (2) obtain the patient’s electronic signature on the prescription receipt confirmation screen only if the patient elects to receive a paper copy of their prescription or does not provide an email address to which a link to the online patient portal can be sent. The onsite patient care coordinator must obtain the patient’s electronic signature on the prescription receipt confirmation screen each time the patient receives a prescription from the Practice. A copy of each prescription receipt confirmation signature is kept for 3 years.

If a patient refuses to sign the prescription receipt confirmation, the onsite patient care coordinator must note the patient’s refusal in the patient notes section and then date and initial the note in the EHR.

IMPORTANT: If the patient has a contact lens examination and wants prescriptions for both eyeglasses and contact lenses, the signed prescription receipt confirmation applies to both prescription types only if the eyeglass and contact lens prescriptions are finalized at the same time.

If the patient still needs to complete the contact lens fitting process after the initial contact lens examination, the onsite patient care coordinator prints the patient’s eyeglass prescription upon completion of the eye examination, but their contact lens prescription will not be available for printing until the contact lens fitting process is complete and the Practitioner has finalized the prescription. Once the contact lens fitting process is completed and the Practitioner has finalized the prescription, the onsite patient care coordinator must obtain a separate signed prescription receipt confirmation from the patient for the contact lens prescription. 20/20NOW then retains that signed prescription receipt confirmation according to the retention period described above.

*** The onsite patient care coordinator must explain to new contact lens patients or patients who are changing contact lens brands or types that they must follow the Practitioner’s instructions and finish the contact lens fitting process before the patient will receive a copy of the contact lens prescription. If the patient does not follow the Practitioner’s instructions and finish the contact lens fitting process, the Practitioner will not finalize the contact lens prescription, and therefore the patient will not receive a copy of the contact lens prescription.

There is no fee for receiving a paper copy of the prescription.

Ways to Report Actual or Suspected Violations of This Policy

If you see, suspect, or are told about any actions or behaviors that violate this policy or the law, you must promptly report it and fully and honestly cooperate in all internal investigations. Contact the Compliance Hotline to ask questions, get clarification, or report potential or actual violations of this policy or the law:

Phone:
1. 866-488-0350 (English-speaking United States or Canada)
2. 800-216-1288 (Spanish-speaking United States or Canada)
3. 855-725-0002 (French-speaking United States or Canada)
Website: https://report.syntrio.com/for2020now
Email:
1. reports@syntrio.com (must include the Company name with report), or
2. compliance@for2020now.com (direct email to Compliance Officer)

All reports to the Compliance Hotline are treated as confidentially as possible. Although it helps if you identify yourself so that we can follow up with you, you may make anonymous reports to the Compliance Hotline to the extent allowed by law.

We understand that it takes courage to ask questions or share your concerns. Please know that when you speak up and ask questions or report suspected issues, you are living our Core Values and upholding our commitment to ethical and compliant conduct. If you make a report in good faith, you will not be disciplined, even if what you report is an honest mistake. Reporting information when you know it is false is not aligned with our Core Values, and you will be subject to disciplinary action.

Pursuant to our Non-Retaliation Policy, 20/20NOW strictly prohibits retaliation against anyone who, based on a reasonable, good faith belief, reports a possible deviation from this policy or the law, or cooperates in an investigation. Those who retaliate against others for reporting a possible deviation from Company policy or cooperating in an investigation is subject to disciplinary action, up to and including termination.

Accountability: Covered Persons who are found to be in violation of this policy are subject to discipline. Covered Persons who are aware of, but fail to report, any suspected or alleged violations of this policy also are subject to discipline.

20/20NOW and the Practices also reserve the right to request the prompt removal from our offices any individuals who are employed by or contracted with our Clients who do not fully comply with this policy and its associated procedures.

Definitions:

“Practices” means the independent ophthalmology professional corporations that provide certain optometric services to patients via telemedicine and for which the MSO provides certain non-clinical administrative and management services.
“Practitioner” means a doctor of medicine or osteopathy (including but not limited to an ophthalmologist) or a doctor of optometry.

If you have any questions you can email clinical@for2020now.com

Article Updated on 09/27/2024

Note: This document and any attached materials (or program, etc.) are confidential and proprietary and constitute the sole property of 20/20 Vision Center, LLC and 20/20NOW Eye Exams, PC.. This document and any attached materials (or program, etc.) are intended solely for the recipient and no portion thereof may be reproduced, forwarded, distributed, or otherwise disclosed in any manner to any third party without the express prior written consent of 20/20 Vision Center, LLC and 20/20NOW Eye Exams, PC. © 2017 by 20/20 Vision Center, LLC. All rights reserved.