Sen. Boozman Introduces Contact Lens Rule Modernization Act that Would Eliminate Robocalls for Rx Verification
September 21, 2020
Vision Monday - In an effort to offset language in the FTC’s updated Contact Lens Rule, Sen. John Boozman (R-Ark.) last week introduced in the U.S. Senate the Contact Lens Rule Modernization Act, which would eliminate the use of robocalls to verify contact lens prescriptions, according to a statement by the Health Care Alliance for Patient Safety (APS). The bill, which APS endorsed, is co-sponsored by Sen. Roger Wicker (R-Miss.), Jim Inhofe (R-Okla.) and Sen. Rand Paul (R-Ky.). The FTC’s new rule for contact lenses and the corresponding requirements for ECPs is set to take effect Oct. 17.
In addition to eliminating the use of robocalls to verify CL prescriptions, the bill removes burdensome paperwork requirements for patients and providers, instead giving eyecare practices the ability to notify patients of key rights regarding their contact lens prescriptions through methods like in-office signage that have been adopted in California, according to the APS statement.
Patient Safety Advocates Applaud the Introduction of the Contact Lens Rule Modernization Act in the U.S. Senate
The Health Care Alliance for Patient Safety (APS) today applauded the introduction of the Contact Lens Rule Modernization Act by Sen. John Boozman (R-AR) in the United States Senate. Specifically, the bill, which is co-sponsored by Sen. Roger Wicker (R-MS), Jim Inhofe (R-OK) and Sen. Rand Paul (R-KY), protects patient eye health by eliminating the use of robocalls to verify contact lens prescriptions. The bill also removes burdensome paperwork requirements for patients and providers, instead giving eye care practices the ability to notify patients of key rights regarding their contact lens prescriptions through methods like in-office signage that have been adopted in California. APS has long advocated for these important changes to the Contact Lens Rule, often with the support of Members of Congress on both sides of the aisle.
Read moreAPS urges Congress to take action against updates to Contact Lens Rule
August 21, 2020
Healio News - The Health Care Alliance for Patient Safety has requested that Congress protect patients from the Federal Trade Commission’s recent additions to the Contact Lens Rule.
The FTC posted the rule for public inspection on Aug. 14 and published it in the Federal Register on Aug. 18.
Previously, the advocacy group announced that it had partnered with members of Congress in a bipartisan effort to call for a delay of the FTC amendment, which included the use of prescription verification robocalls.
‘FTC at Odds With Congress’ Around New Contact Lens Rule
August 20, 2020
Vision Monday - The Health Care Alliance for Patient Safety (APS) reacted strongly this week after the Federal Trade Commission (FTC) moved to publish the new Contact Lens Rule in the Federal Register. The new CL Rule was posted for public inspection on Friday, Aug. 14 and published in the Federal Register on Monday, Aug. 17. As a result of this federal notice, the controversial changes to the CL Rule will now go into effect 60 days after the official publication date, according to APS. This would make the effective date of the requirements outlined in the new CL Rule on or about Oct. 17.
In a statement, APS said it will “urge Congress to take action to protect patients from the troubling aspects of this Rule.”
Congress members, AOA request rollback of new Contact Lens Rule additions
August 19, 2020
Healio News - Members of Congress have requested that the Federal Trade Commission roll back its recent updates to the Contact Lens Rule.
The Health Care Alliance for Patient Safety (APS) advocacy group announced in a press release its support of members of both the U.S. House of Representatives and the Senate calling for the delay of the FTC amendment for the use of prescription verification robocalls. The alliance said these updates could result in patients receiving inaccurate prescriptions from what were originally recommended and fitted by their doctors.
FTC at Odds with Congress by Publishing Contact Lens Rule: Patient Safety Advocates Call for Congressional Action to Prevent Implementation of Flawed Final Rule
The Health Care Alliance for Patient Safety (APS) today released the following statement regarding the Federal Trade Commission’s (FTC) publication of the Contact Lens Rule (Rule) in the Federal Register. The Rule was posted for Public Inspection on Friday, August 14th and published in the Federal Register today.
“Since the Federal Trade Commission released the text of the final Contact Lens Rule in June, both Democratic and Republican lawmakers in both the House and Senate have taken action in an attempt to halt the Rule’s implementation due to concerns that it could lead to adverse health outcomes for patients and overly burden doctors, especially during the ongoing pandemic. The Federal Trade Commission’s publication of the Rule disregards the significant bipartisan, bicameral requests from Congress for the FTC to delay the rule. Therefore, we urge Congress to take action to protect patients from the troubling aspects of this Rule,” said Dr. Deanna Alexander, O.D., Chairwoman of the Health Care Alliance for Patient Safety.
Since the FTC released the final amendments to the Contact Lens Rule in June, significant Congressional action has occurred to prevent the Rule’s implementation, but has not been heeded:
June 23, 2020: FTC final amendments to the Contact Lens Rule
APS works to advance policies that protect patient safety. The organization and its members have been active patient safety advocates throughout the FTC’s Contact Lens Rule process, including submitting written comments and testifying at various workshops. Last year, the organization, with the leadership of Rep. Bobby Rush and Rep. Michael Burgess, M.D., worked to offer bipartisan commonsense legislation, H.R. 3975, to address patient safety concerns associated with passive verification of contact lens prescriptions.
###
About APS
The Health Care Alliance for Patient Safety, founded in 2018, advocates for eye health and safety and elevates the doctor-patient relationship – the essential foundation of personal health care decision making. Members of the Alliance for Patient Safety work together to raise awareness and protect public health. Advancing policy and collaboration between leading eye health advocates, vision innovators and trusted voices is essential to elevate patient care.
The Alliance is made up of patient safety advocates, eye doctors, contact lens manufacturers and insurers.
To become a local advocate or to get involved in protecting patient safety, visit www.patientsafetytoday.com.
Contact Lens Health Week raises awareness for proper wearing habits
August 14, 2020
Healio News - The CDC’s annual Contact Lens Health Week will work with the American Optometric Association and Health Care Alliance for Patient Safety to raise awareness of healthy lens practices Aug. 17 to 21.
The week will highlight various topics such as the risk associated with improper use, the importance of regular visits to an eye care provider and preventing transmission of COVID-19.
Patient Safety Advocates Praise House Committee’s Actions to Delay Harmful and Burdensome Contact Lens Rule
The Health Care Alliance for Patient Safety (APS) today applauded the House Committee on Appropriations for acting swiftly to delay the effective date and enforcement of the amendments in the newly finalized Contact Lens Rule (Rule), which the Federal Trade Commission (FTC) released on June 23, 2020.
The Committee report, which accompanies the Financial Services and General Government (FSGG) funding bill, is a sharp Congressional rebuke of the FTC’s work on the Contact Lens Rule. Congress and patient safety advocates have repeatedly called attention to flaws in the Rule.
The FSGG report, which can be read here, states:
Contact Lenses —The Committee is disappointed that the FTC’s final amendments to the Contact Lens Rule do not sufficiently address the patient safety concerns the Committee has repeatedly outlined in report language for the past four years. The rule fails to sufficiently modernize the prescription verification process by eliminating the use of robocalls and imposes new burdensome paperwork requirements on providers and patients. To allow providers sufficient time to implement the necessary changes and to prevent additional interruptions in service due to the coronavirus, the Committee directs the FTC to delay the effective date for the amendments, and to suspend any implementation or enforcement of those amendments, until March 31, 2021.
Dr. Deanna Alexander, OD, Chairwoman of APS stated, “For years, Congress and patient safety advocates have been calling for regulatory policy that both protects patient health and eliminates burdensome paperwork regulations on doctors. The requirement to collect, store and maintain unnecessary paperwork for years would be a burden in normal circumstances, but it’s even more challenging and costly for physicians who are navigating a global pandemic and working harder than ever to protect patients’ health and safety. We thank Congressional leaders who have taken swift action to halt the implementation and enforcement of the cumbersome signed acknowledgment form amendment to the Contact Lens Rule.”
A bipartisan group of lawmakers have also introduced a bill backed by patient safety advocates to modernize the prescription verification process, which the FTC’s Rule failed to address. The proposed Contact Lens Prescription Verification Modernization Act, H.R. 3975, increases patient safety by prohibiting prescription verification made via robocall and instead requiring that online sellers use direct communication – like a live phone call, fax, or e-mail – to confirm prescriptions.
Background
APS has been active advocates for patient safety throughout the process leading to the release of the FTC’s Contact Lens Rule. In 2018, the organization submitted its formal written comment, which included the following:
Signed Acknowledgment Forms
In the FTC’s proposed rule, the Commission proposed to require a signed acknowledgment form of prescription release that would allow the patient to acknowledge receipt of their contact lens prescription. In addition, the prescriber would be required to maintain this acknowledgment form for not less than three (3) years so they may be available for inspection by the FTC.
APS understands that the proposed requirement was in response to a small number of claims that suggest that prescribers were not freely giving patients their contact lens prescription as required under the law. In fact, the FTC itself conceded that “many reports of compliance and noncompliance are anecdotal and robust empirical data is sparse.” It is our belief that the Commission’s purpose for the signed acknowledgment form was to educate consumers of their rights while also subjecting doctors to spot investigations regarding the adherence to the law. APS believes that less intrusive means can be used to educate consumers of their rights to freely receive their prescriptions while also ensuring doctors follow the law.
Signage can inform patients of their rights under the law while at the same time providing a form of communication (e.g. phone number) to report any bad actors. This form of education is less intrusive and less burdensome while arguable more informative than a signed paper acknowledgment. APS urges the Commission to consider signage or other forms of educating consumers of their rights that are less intrusive and less burdensome than a signed acknowledgment form.
Out-of-Date Methods for Passive-Verification
In the proposed rule in December 2016, the FTC took the position that updates to the methods used in the verification process were not needed “because the current regulatory framework sufficiently prohibits the use of expired prescriptions.” APS believes the current advancements in technology allow for the FTC to issue guidance on new acceptable forms of verification, (e.g. emails) and disallow outdated forms of verification, like robocalls. Many of the outdated methods currently used do not constitute “direct communication” as intended by Congress.
APS supports the passive-verification process. However, advancements in technology now allow both sellers and prescribers to keep electronic health records. FTC action to modernize its guidance around passive-verification communication while excluding antiquated technology (e.g. robocalls) would provide greater documentation and the possibility of greater oversight in the verification process. Greater oversight, understanding and documentation will ultimately create a safer and more efficient environment for contact lens wearers and the verification of their prescriptions through clearer, concise and accurate communication between the prescriber and the seller.
###
Patient safety advocates oppose updated contact lens Rx release rules
July 06, 2020
Healio News - An industry group is concerned over the Federal Trade Commission’s changes to the Contact Lens Rule that permit computer-generated phone calls to verify prescriptions and require more stringent documentation for prescription release.
The Health Care Alliance for Patient Safety said in a press release that it will continue to work with Congressman Bobby Rush (D-Ill.) and Congressman Michael C. Burgess, MD (R-Texas) to pass the Contact Lens Prescription Verification Modernization Act, or HR 3975, to protect patients.
Patient Safety Alliance Says FTC's New Contact Lens Rule Is 'Seen as Dangerous by Eye Doctors'
July 1, 2020
Vision Monday - The Health Care Alliance for Patient Safety (APS) on Tuesday raised concerns about the final Federal Trade Commission (FTC) Contact Lens Rule, which was issued last week, as VMAIL reported. The Alliance, in its statement, said the FTC’s final contact lens rule “fails to adequately address the dangerous practice of utilizing computer-generated voice calls to verify contact lens prescriptions and places significant burdens on doctors,” among other shortcomings cited by the Alliance for Patient Safety.
Separately, in a recent letter to ECPs, CooperVision also took issue with the FTC's updated rule, noting that it believes the FTC’s decision “leaves in place undependable robocall prescription verification techniques, adds new paperwork burdens for doctors, and addresses some concerns regarding lens substitution without closing troubling loopholes.”