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REPORT BY THE STATE AUDITOR
OF CALIFORNIA
THE DEPARTMENT OF HEALTH SERVICES’ INFORMATION
ON DRUG TREATMENT AUTHORIZATION REQUESTS
95012 FEBRUARY 1995
February 1, 1995 95012
The Governor of California
President pro Tempore of the Senate
Speaker of the Assembly
State Capitol
Sacramento, California 95814
Dear Governor and Legislative Leaders:
Summary The Bureau of State Audits (BSA) presents the eighth in a series of
semiannual reports concerning the way the Department of Health
Services (department) processes reimbursement requests for certain
prescribed drugs under the California Medical Assistance Program
(Medi-Cal). These requests are known as drug treatment authorization
requests (TARs).
In response to Chapter 716, Statutes of 1992, we obtained from the
department statistical information, compiled each month, concerning
the number of drug TARs received and processed from June 1990
through November 1994. This report focuses on the drug TARs
processed during the six months from June 1994 through November
1994. The first four reports on this subject were prepared by the
Office of the Auditor General (OAG). The remaining reports were
prepared by the BSA, which assumed responsibility for this audit under
the Government Code, Section 8546.8, in May 1993.
The department received 210,677 drug TARs from June through
November 1994. This represents an increase of 132,179 (168 percent)
drug TARs since June through November 1990, the first six months of
the OAG’s review. According to the chief of the department’s
Medi-Cal Operations Division Northern Field Operations Branch, the
increase in the number of drug TARs received was primarily due to
recently adopted policy changes including the reduction of the number
of drugs on the Medi-Cal list of contract drugs and changes in the
governing code which reduced the number of prescriptions allowed per
Letter Report 95012
February 1, 1995
Page 2
month for most contract drugs. Whenever the monthly prescription
limit is exceeded, a drug TAR is required to obtain reimbursement.
Also, drugs that do not appear on the list require drug TARs for
reimbursement. The increase in the number of drug TARs received
may also have occurred because of the addition of approximately
1,433,254 Medi-Cal beneficiaries (a 39 percent increase since June
1990) eligible to obtain drugs through Medi-Cal.
From June through November 1994, the department processed 214,303
drug TARs. This represents an increase of 137,021 (177 percent) drug
TARs since the first six months that we reviewed. It also represents
the highest level of activity since that time. The department’s backlog
of unprocessed drug TARs was 2,311 drug TARs in November 1990.
In comparison, its backlog of unprocessed drug TARs in November
1994 was 2,344 drug TARs.
Further, we found that the department was not able to process its drug
TARs in a timely manner from June 1994 through November 1994.
According to the department’s own calculations, in five of the six
months at the Stockton drug unit and in all six months at the
Los Angeles drug unit, the department was not able to process
mailed-in drug TARs within five working days as required by law (see
Figure 7 on page 15 of this report for more details). Our review of
samples of drug TARs randomly selected at each drug unit for the
months of August and November 1994 confirmed that mailed-in drug
TARs were not always processed within five working days. In
August 1994, for example, neither of the drug units met the five-day
state requirement for processing drug TARs. However, in
November 1994, according to our samples, the Los Angeles drug unit
took an average of five working days, and the Stockton drug unit took
an average of one to two working days to process mailed-in drug
TARs.
We also found that the drug units generally did not process drug TARs
received by FAX within 24 hours of receipt, as federal law requires.
Based on samples of drug TARs randomly selected at each drug unit,
an average of 107 hours was required to process a FAX TAR in the
Los Angeles drug unit and an average of 29 hours was required to
process a FAX TAR in the Stockton drug unit in August 1994. During
that month, the department processed only 5 percent of the FAX TARs
in our sample within 24 hours. In November 1994, 26 percent of the
Letter Report 95012
February 1, 1995
Page 3
FAX TARs in our sample were processed within 24 hours. Finally,
during August and November 1994, the Los Angeles drug unit did not
meet the 24-hour turnaround requirement for drug TARs received via
the department’s audio response telephone system–the Voice Drug
TAR System (VDTS). For our sample of 53 VDTS TARs, only
65 percent of the VDTS TARs were processed within 24 hours.
In response to Section 14105.42 of the Welfare and Institutions Code,
the department provided us with information regarding the number of
fair hearing requests beneficiaries made to appeal a denied drug TAR.
The department also provided the number of complaints received from
providers. Sixty-four fair hearing requests were submitted to the
Department of Social Services from June through November 1994,
which represents a 94 percent increase over the six months ending
May 1994. Of those, 4 were dismissed, 28 were withdrawn before the
cases were heard, 6 were denied, 3 were approved, and the decisions on
the remaining 23 were still pending at the time of our review In
addition to fair hearing requests, the department received numerous
complaints from providers about its processing of drug TARs from
June through November 1994. Because this represented an increase in
the number of complaints, we contacted a sample of ten pharmacists to
ascertain the impact of processing delays on patient care. All ten
pharmacists stated they had experienced processing delays. Each
pharmacist, however, stated such delays had not affected patient care
because when the department took a long time to process a drug TAR,
the pharmacist went ahead and filled the patient’s prescription in
advance of receiving the drug TAR approval.
As mentioned previously, the increase in the number of drug TARs
received during June through November 1994 was largely due to
changes in the governing code. To keep pace with the increasing
workload, 79 new positions were added in the drug units in
October 1994. For that reason, we selected samples from the months
of August and November 1994, during which time we noted differences
in the department’s processing capabilities.
Letter Report 95012
February 1, 1995
Page 4
Background
Authorized in 1965 under Title XIX of the Social Security Act,
Medi-Cal provides a wide array of health care services including
payment for prescription drugs to public assistance recipients and
low-income families. Under the provisions of Title 22 of the
California Code of Regulations, the department administers Medi-Cal;
the state and federal governments jointly fund it.
Under Medi-Cal, beneficiaries may receive prescription drugs from a
list the department has established. This list is known as the Medi-Cal
list of contract drugs and, according to the chief of the department’s
northern field operations branch, includes drugs from most
therapeutic categories. Therapeutic categories are classifications of
drugs addressing specific medical problems. For example, the contract
drugs are classified into such therapeutic categories as antibiotics,
cardiac drugs, and gastrointestinal drugs. According to the chief of the
northern field operations branch, when a doctor prescribes a drug that is
not on the list of contract drugs or when a prescription exceeds the
monthly limit of six, the provider, generally a pharmacist, must receive
authorization to seek reimbursement for the cost of the drug. The
provider’s request for authorization is known as a treatment
authorization request (TAR).
Currently, the department has two Medi-Cal drug units that process
drug TARs. These drug units are located in Los Angeles (with a
satellite office in San Bernardino) and Stockton. The role of the
pharmacist consultants, who are licensed pharmacists, is to process
drug TARs by either approving, denying, modifying, or returning the
TARs to the providers (to request additional information). Drug TARs
can be submitted via FAX, the department’s Voice Drug TAR System
(VDTS), or mail. Drug TARs submitted by FAX and VDTS are
restricted to initial supplies of prescribed drugs and drugs that are
urgently needed. Drug TARs submitted by mail generally cover
renewals or retroactive approvals of prescribed drugs. In both
renewals and retroactive approvals, the beneficiary, or patient, may
have already received the drug.
Although the Stockton drug unit once processed VDTS drug TARs
statewide, most of the VDTS drug TARs were reassigned to the
Los Angeles drug unit as of April 1992. The Los Angeles drug unit
employs more medical transcribers than the Stockton drug unit and,
therefore, is better able to handle drug TARs received by VDTS. The
Letter Report 95012
February 1, 1995
Page 5
processing of TARs submitted by FAX and mail is divided between the
Los Angeles and Stockton drug units on a geographic basis.
According to our interview with the chief pharmacist consultant in the
Los Angeles drug unit, the San Bernardino office processes the
majority of the mailed-in TARs received in Los Angeles.
Drug TARS received by FAX or mail are first reviewed by medical
transcribers for completeness. Mailed-in TARs are date stamped on
the day they are received in the drug unit and are sent to the
department’s contractor, Electronic Data Systems (EDS), for key data
entry. EDS shares office space with the drug units. The drug TARs
are then forwarded to the pharmaceutical consultants. The consultants
process a drug TAR by either approving it, denying it, approving it
with modifications, or returning it to request further information from
the provider. After a decision is made on a drug TAR, the TAR is sent
back to EDS for final key data entry. Then a copy of the drug TAR is
returned to the provider.
Drug TAR information received by VDTS is retrieved by medical
transcribers. The medical transcribers type the information onto a
TAR form and forward the form to a pharmaceutical consultant.
The pharmaceutical consultant processes the drug TAR by either
approving it, denying it, approving it with modifications, or returning it
to request further information from the provider. After a decision is
made on a drug TAR, the TAR is sent back to EDS for final key data
entry. Then a copy of the TAR is mailed to the provider. The
decision is also recorded on the VDTS, which the provider can access
to determine the status of the request.
Scope and Chapter 716, Statutes of 1992, required the OAG to prepare an analysis
Methodology and summary of the department’s data on drug TARs. Further,
Section 14105.42 of the Welfare and Institutions Code mandated that
the OAG submit a report on this data to the Legislature
beginning February 1, 1991, and every six months thereafter until
January 1, 1999. Chapter 12, Statutes of 1993 (Government Code
Section 8546.8) directs the Bureau of State Audits to assume these
responsibilities.
To fulfill these requirements, we obtained statistical data from the
department regarding drug TARs received by VDTS, FAX, and mail.
We also obtained data on the number of drug TARs approved,
modified, denied, and returned. The data for this audit cover the six
Letter Report 95012
February 1, 1995
Page 6
months from June through November 1994. We did not attempt to
validate the drug units’ processes for compiling monthly drug TAR
data since we have done this in previous audits.
In addition to obtaining statistical data, we reviewed the methods the
drug units used for measuring the time it takes them to respond to a
drug TAR from the time it is received at the drug unit to the time the
drug unit returns the completed drug TAR to the provider. Further, we
conducted tests to determine if the Los Angeles and Stockton drug units
are processing initial and urgent drug TARs submitted via FAX and
VDTS within 24 hours, as required by federal law. We also conducted
tests in the Stockton and Los Angeles drug units to determine if
mailed-in TARs are processed within five days as state law requires.
To obtain data on the number of denied drug TARs that have been
appealed to the Department of Social Services and to obtain data on the
number of complaints the Department of Health Services has received
about its processing of drug TARs, we collected data from the drug
units for June through November 1994. We also contacted a random
sample of providers (pharmacists) by telephone to determine if the
delays in obtaining responses to their drug TARs had caused lapses in
medication or problems for patients, or both.
Drug TARs As shown in Figure 1, the number of drug TARs received has increased
Received from June 1990 through November 1994. The volume of drug TARs
has increased most significantly, however, during the most recent
six-month reporting period, from June through November 1994.
During the first six months of the OAG’s review, from June through
November 1990, the drug units received 78,498 drug TARs, whereas,
from June through November 1994, the drug units received 210,677
drug TARs, an increase of more than 132,179 (an increase of
168 percent) drug TARs since the first six months of this review.
Also, the number of drug TARs received from June through November
1994
Letter Report 95012
February 1, 1995
Page 7
exceeded drug TARs received during the previous reporting period,
December 1993 through May 1994, by more than 54,000 drug TARs
(an increase of 35 percent).
Figure 1 Number of Drug TARs Received
June 1990 Through November 1994
250000
200000
150000
100000
50000
0
6/90 - 11/90 6/91 - 11/91 6/92 - 11/92 6/93 - 11/93 6/94 - 11/94
Six-Month Reporting Periods
According to the chief of the department’s Medi-Cal Operations
Division Northern Field Operations Branch, the increase in the number
of drug TARs received was due to changes in the governing code,
which reduced the number of prescriptions allowed per month for most
contract drugs and reduced the number of drugs on the Medi-Cal list of
contract drugs. Whenever the monthly prescription limit is exceeded,
a drug TAR is required to obtain reimbursement. Also, drugs that do
not appear on the list require drug TARs for reimbursement. To
display the impact of these changes on the volume of drug TARs
received, Figure 2 highlights the timing of these changes against the
monthly volumes of drug TARs received.
sRAT
gurD
Letter Report 95012
February 1, 1995
Page 8
Figure 2 Number of Drug TARs Received
June Through November 1994
45000
40000
35000
30000
25000
20000
15000
10000
5000
0
Jun-94 Jul-94 Aug-94 Sep-94 Oct-94 Nov-94
Month
In July 1994, Section 14133.22 of the Welfare and Institutions Code
reduced the number of prescriptions allowed per month to ten.
Whenever this monthly limit is exceeded, a drug TAR is required for
reimbursement. In addition, a new anti-psychotic drug, Risperdal, was
no longer exempt through the department’s list of contract drugs and
beginning in July 1994, the department required a drug TAR. These
events contributed to an increase in the number of drug TARs the
department received. For example, the department received 6,122
more drug TARs in August 1994 than in July 1994, an increase of
19 percent.
In August 1994, Zantac, a commonly prescribed drug for ulcers, was
removed from the department’s list of contract drugs. Drugs that do
not appear on the department’s list of contract drugs require a drug
TAR for reimbursement.
In November, Chapter 147, Statutes of 1994, amended
Section 14133.22 of the Welfare and Institutions Code by reducing the
10-prescription limit to 6 prescriptions per month. This change further
increased the drug TAR volume in the drug units. Similarly, Chapter
147, Statutes of 1994, added Section 14105.335 to the Welfare and
Institutions Code. This statute authorized the department to remove
from the list of contract drugs, those drugs manufactured by drug
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Risperdal removed from drug list
Requirement of supplemental 10% rebate Zantac removed Implementation of
Implementation of 10-prescription limit from drug list 6-prescription limit
Letter Report 95012
February 1, 1995
Page 9
companies that refused to offer the Medi-Cal program a 10 percent
rebate. The department experienced its greatest month-to-month
increase from October to November 1994, at the time of the
implementation of the six-prescription limit. In November 1994, the
department received 6,923 more drug TARs than it received in October
1994, representing an increase of 19 percent.
Finally, as mentioned in the BSA’s previous reports, the increase in the
number of drug TARs received may have occurred because of the
increase in the number of Medi-Cal beneficiaries. In June 1990, the
department reported 3,675,000 Medi-Cal beneficiaries. According to
the department, by November 1994, the number of Medi-Cal
beneficiaries had increased to 5,108,254, resulting in 1,433,254
(39 percent) more Medi-Cal beneficiaries eligible to obtain drugs
through Medi-Cal than in June 1990.
Drug TARs As Figure 3 shows, from June through November 1994, the most
Received common method of submitting drug TARs was by FAX, followed by
According to mail and VDTS. During that period, the number of drug TARs
submitted by FAX increased substantially from the previous six-month
Methods of
reporting period. From December 1993 to May 1994, providers
Delivery
submitted 68,866 drug TARs by FAX. In comparison, from June
through November 1994, providers submitted 113,906 drug TARs by
FAX, representing a 65 percent increase over the number of drug TARs
received by FAX during the previous six months.
Letter Report 95012
February 1, 1995
Page 10
Figure 3 Methods of Receiving Drug TARs
June 1990 Through November 1994
120000
100000
80000
60000
40000
20000
0
6/90 - 11/90 6/91 - 11/91 6/92 - 11/92 6/93 - 11/93 6/94 - 11/94
Six-Month Reporting Periods
The department also experienced an increase in the number of drug
TARs submitted through the mail and by VDTS. From June to
November 1990, the department received 52,257 drug TARs through
the mail. From June to November 1994, the department received
80,985 drug TARs (a 55 percent increase) through the mail. From
June through November 1991, the first period when VDTS was
operational for a full six months, the department received 5,074 VDTS
TARs. From June through November 1994, providers submitted
15,786 drug TARs (a 211 percent increase) by VDTS.
Figure 4 shows the number of drug TARs processed at the drug units
from June 1990 through November 1994. During the first six months
of the OAG’s review, from June through November 1990, the drug
units processed 77,282 drug TARs. In comparison, from June through
November 1994, the drug units processed 214,303 drug TARs, an
increase of more than 137,021 (177 percent) drug TARs since the first
six months that we reviewed.
Similar to the increase in the number of drug TARs received, the
number of drug TARs processed increased significantly during the six
months of June through November 1994. As mentioned previously,
79 new workers were hired in October 1994 to enable the drug units to
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Phone
FAX
Mail
VDTS
Drug TARs
Processed
Letter Report 95012
February 1, 1995
Page 11
process drug TARs more effectively. Attachment B presents a
comparison of the number of drug TARs the department processed
from June through November 1990 and from June through
November 1994.
Figure 4 Number of Processed Drug TARs
June 1990 Through November 1994
250000
200000
150000
100000
50000
0
6/90 - 11/90 6/91 - 11/91 6/92 - 11/92 6/93 - 11/93 6/94 - 11/94
Six-Month Reporting Periods
As mentioned earlier, from June through November 1994, the drug
units processed a total of 214,303 drug TARs. Of those, 65 percent
were approved, 16 percent were modified, 13 percent were denied, and
6 percent were returned. Attachment C provides a comparison of the
number of drug TARs approved, modified, denied, and returned from
June through November 1990 and from June through November 1994.
Figure 5 shows the department’s backlog of drug TARs as of the end of
the last month of each of the six-month reporting periods from
June 1990 through November 1994. For the last month of this most
recent reporting period, November 1994, the department had 2,344
drug TARs waiting to be processed.
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Backlog of
Unprocessed
Drug TARs
Letter Report 95012
February 1, 1995
Page 12
Figure 5 Unprocessed Drug TARs
November 1990 Through November 1994
9000
8000
7000
6000
5000
4000
3000
2000
1000
0
Nov-90 May-91 Nov-91 May-92 Nov-92 May-93 Nov-93 May-94 Nov-94
Month
Figure 5 also shows that the department’s backlog of unprocessed drug
TARs for November 1994 was among the lowest over the four-year
period from November 1990 through November 1994. The reduction
in the number of unprocessed drug TARs in November 1994 is
probably the result of the department hiring 79 staff workers in the drug
units. Figure 6 shows the backlog of drug TARs at the end of each of
the months from June through November 1994 in relation to various
factors affecting the drug TAR process. As shown in the figure, the
department’s backlog of unprocessed drug TARs increased
dramatically following the implementation of the 10-prescription limit
in July 1994. On the other hand, in October 1994, when the 79
workers were hired in the drug units, the department’s backlog
decreased to 804 unprocessed drug TARs. Attachment B provides
detailed information on the number of drug TARs processed and
unprocessed from June through November 1990 and from June through
November 1994.
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Letter Report 95012
February 1, 1995
Page 13
Figure 6 Number of Drug TARs Unprocessed
June Through November 1994
18000
16000
14000
12000
10000
8000
6000
4000
2000
0
Jun-94 Jul-94 Aug-94 Sep-94 Oct-94 Nov-94
Month
Section 14103.6 of the Welfare and Institutions Code requires that
pharmaceutical consultants process drug TARs in an average
of five working days. Additionally, this section states that, if the
pharmaceutical consultant does not make a decision on a drug TAR
within 30 days of receiving it, the request shall be considered approved.
Additionally, Section 1927(d)(5) of the federal Social Security Act of
1990 requires states to respond to all drug TARs within 24 hours of
receipt. The federal Department of Health and Human Services’
Health Care Financing Administration (HCFA) upholds this position,
regardless of whether the TAR is for an initial or urgent prescription or
for reauthorization of an existing prescription. It also upholds this
position regardless of how the drug TARs are delivered to the
department. In interpreting those regulations, the department expects
the drug units to process initial or urgent drug TARs (that is, drug
TARs typically submitted via FAX or VDTS) within 24 hours and to
process reauthorization drug TARs (that is, drug TARs typically
submitted through the mail) within five working days.
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Implementation of Removal of Zantac from drug list
10-prescription limit
Implementation of
6-prescription limit
Addition of 79 staff positions
Disagreements
Over Processing
Time for Drug
TARs
Letter Report 95012
February 1, 1995
Page 14
Although the Welfare and Institutions Code and the Social Security Act
seem to conflict in their requirements, past BSA reports have stated that
the federal government was expected to issue regulations to resolve
this difference. However, according to our discussions with the
department’s Medi-Cal Operations Division Northern Field Operations
Branch, these regulations have not yet been issued.
Processing Time During this audit, we reviewed a sample of 143 drug TARs submitted
for Drug TARs by FAX to the Stockton and Los Angeles drug units in August 1994.
Submitted Via Of those, only 7 drug TARs (5 percent) were processed within 24 hours
as required. Our review also found that processing times for drug
FAX and VDTS
TARs received by FAX were as high as six days during August 1994.
Lengthy processing times in August 1994 were accompanied by a
heavy backlog of 16,446 unprocessed drug TARs at the end of the
month.
To determine if the department improved its timeliness in processing
drug TARs, we also reviewed a sample of 189 drug TARs submitted by
FAX during November 1994. In that month, the department processed
49 drug TARs submitted by FAX (or 26 percent) within 24 hours as
required by state law. In November, the Stockton drug unit began to
batch those drug TARs that resulted from the new 6-prescription per
month limit separately from other drug TARs. Our sample of drug
TARs received by FAX in the Stockton drug unit included
45 drug TARs that were not subject to the 6-prescription limit and
55 drug TARs that were. The Stockton drug unit processed all of the
45 drug TARs (100 percent) received by FAX within 24 hours
as required by law. However, only 4 (7 percent) of the drug TARs
subject to the 6-prescription limit were processed within 24 hours.
The Los Angeles drug unit was unable to process any of the 89 drug
TARs received by FAX in our sample within 24 hours in November
1994.
From June through November 1994, the Los Angeles drug unit was
primarily responsible for processing drug TARs received by VDTS.
We reviewed a sample of 53 drug TARs submitted by VDTS to the
Los Angeles drug unit in August and November 1994. Twenty-eight
drug TARs were submitted in August 1994, and 25 were submitted in
November 1994. In August 1994, the Los Angeles drug unit
processed 18 (or 64 percent) of the drug TARs submitted by VDTS
within 24 hours as required by state law. In November 1994, it
Letter Report 95012
February 1, 1995
Page 15
processed 17 (or 68 percent) of the drug TARs submitted by VDTS
within 24 hours. In both months, the processing time for drug TARs
submitted by VDTS to the Los Angeles drug unit ranged from 24 to 48
hours.
Processing Time According to the BSA’s last report on drug TARs which was issued in
for Mailed-In July 1994, the drug units generally did not meet the state requirement to
Drug TARs process mailed-in drug TARs within five working days. Similarly, for
the period covered by this audit, June through November 1994, the
drug units generally did not meet this requirement. According to the
department’s records as shown in Figure 7, the requirement to process
mailed-in drug TARs within five working days was only met in
November 1994 at the Stockton Drug unit.
Figure 7 Number of Days To Process Mailed-In
Drug TARs by Drug Unit
June Through November 1994
Unit June July August September October November Average
Los Angeles 18 25 38 25 6 13 20.8
Stockton 9 14 20 21 6 3 12.2
Source: Department of Health Services
Figure 7 presents the number of days to process mailed-in drug TARs
as computed by the drug units. To validate the drug units’ calculation
of the turnaround time for drug TARs, we reviewed samples of drug
TARs received through the mail in August and November 1994.
According to our calculations, in November 1994, the Los Angeles
drug unit’s turnaround time for mailed-in drug TARs was 5 days,
although Los Angeles’ turnaround time for mailed-in drug TARs was
25 days in August 1994. In August 1994, we calculated the
turnaround time for mailed-in drug TARs received in the Stockton drug
unit as 19 days, which by November 1994 had decreased to 2 days.
Although we found that the Stockton drug unit’s method of calculating
turnaround time was generally appropriate, the methodology used in
the Los Angeles drug unit was not. The Los Angeles drug unit used
only one day’s activity to calculate the turnaround time for mailed-in
drug TARs for the entire month. In addition, the Los Angeles drug
Letter Report 95012
February 1, 1995
Page 16
unit did not exclude nonworking days (weekends and holidays) in its
calculation of turnaround times, which overstated the turnaround times
by several days. For example, there were 13 days difference between
the turnaround time we calculated and the turnaround time the drug unit
calculated for the Los Angeles drug unit in August 1994. We
identified this practice as a problem in our previous audit, but the unit
had not corrected it from June through November 1994.
Information on For all denied drug TARs, Section 14105.42 of the Welfare and
Drug TAR Fair Institutions Code requires the department to report to the Legislature
Hearings and the number of fair hearings requested, approved, denied, and pending.
This code section also requires the department to report to the
Complaints
Legislature the number of complaints from beneficiaries and providers
regarding the difficulty or inability of obtaining a response to a drug
TAR.
Beneficiaries request fair hearings through the Department of Social
Services to appeal denials of drug TARs. From June through
November 1994, the department received 64 requests for fair hearings.
This number represents a substantial increase from the previous
reporting period of December 1993 through May 1994. During that
period, the department received 33 requests for fair hearings. Of the
64 requests for fair hearings, 4 were dismissed, 28 were withdrawn
before the cases were heard, 6 were denied, 3 were approved, and the
decisions on the remaining 23 were still pending at the time of our
review. In our review, we found that several of the fair hearing
requests were withdrawn because the denial of the drug TAR was
rescinded after the drug TAR had been reviewed a second time. In
addition, the denial of drug TARs was often upheld at the fair hearing
because the recipient failed to appear.
In addition to fair hearing requests, the department received about 8 to
10 complaints each month from providers (pharmacists) about its
processing of drug TARs from June through November 1994. The
majority of those complaints addressed the delay in processing times
for drug TARs, which ranged from 6 to 38 days for mailed-in drug
TARs. According to the chief of the Los Angeles drug unit, the
delayed processing times were due to an unanticipated increase in drug
TARs received in May 1994, which continued thereafter. During
August and September 1994, the Los Angeles drug unit also received
numerous complaints about its processing of drug TARs received by
Letter Report 95012
February 1, 1995
Page 17
VDTS. During those months, the VDTS suffered a major system
failure, and the system was either completely shut down or operated
sporadically.
We discussed with a sample of 10 pharmacists who had submitted drug
TARs that were not processed within 5 days or 24 hours as required,
how the department’s delay impacted each of the Medi-Cal
beneficiaries. Each of the 10 pharmacists that we talked to stated that
when TARs are not processed in a timely manner, the pharmacy either
dispenses all, or a portion of, the prescribed medication in anticipation
of receiving approval from the department. This was particularly true
if the pharmacist knew from past experience that the drug TAR would
be approved. As a result, the pharmacists stated that patient care was
not affected, as lapses in medication did not result from delays in
receiving approval for drug TARs for reimbursement purposes.
Letter Report 95012
February 1, 1995
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The Bureau of State Audits, whose authority is vested by Section 8543 of the California
Government Code, conducted this review according to generally accepted governmental auditing
standards. The review was limited to areas specified in the audit scope Section of this report.
Sincerely,
KURT R. SJOBERG
State Auditor
Attachments
A Comparison of Drug Treatment Authorization Requests
Received by Means of Delivery
June Through November 1990,
June Through November 1991, and
June Through November 1994
B Comparison of Drug Treatment Authorization Requests
June Through November 1990, and
June Through November 1994
C Comparison of Drug Treatment Authorization Requests
Approved, Modified, Denied, and Returned
June Through November 1990, and
June Through November 1994
Attachment A
Comparison of Drug Treatment Authorization Requests
Received by Means of Delivery
June Through November 1990,
June Through November 1991, and
June Through November 1994
Monthly
Telephone FAX Mail VDTS Total
1990 June 3,989 0 10,125 0 14,114
July 3,225 985 9,990 0 14,200
August 3,126 1,561 8,679 0 13,366
September 2,358 1,646 7,517 0 11,521
October 2,955 2,064 8,340 0 13,359
November 2,483 1,849 7,606 0 11,938
1991 June 2,083 1,661 7,922 399 12,065
July 2,277 3,283 7,879 602 14,041
August 2,396 3,214 7,718 678 14,006
September 2,129 3,234 7,490 688 13,541
October 1,741 4,077 8,417 1,129 15,364
November 86 4,233 7,519 1,578 13,416
Total 28,848 27,807 99,202 5,074 160,931
1994 June 0 12,412 13,155 2,466 28,033
July 0 16,814 12,230 3,062 32,106
August 0 20,862 14,380 2,986 38,228
September 0 18,462 12,975 2,244 33,681
October 0 19,131 14,391 2,331 35,853
November 0 26,225 13,854 2,697 42,776
Total 0 113,906 80,985 15,786 210,677
Source: California Department of Health Services
Attachment B
Comparison of Drug Treatment Authorization Requests
June Through November 1990 and
June Through November 1994
Unprocessed TARS Total Total
TARs at Received Available Processed Percent
Beginning During To Be During Unprocessed of TARs
of Month Month Processed Month TARs Processed
1990 June 2,160 14,114 16,274 13,015 3,259 79.97
July 3,259 14,200 17,459 14,164 3,295 81.13
August 3,295 13,366 16,661 14,502 2,159 87.04
September 2,159 11,521 13,680 11,394 2,286 83.29
October 2,286 13,359 15,645 13,103 2,542 83.75
Novembera 1,477 11,938 13,415 11,104 2,311 82.77
Totals 14,636 78,498 93,134 77,282 15,852 82.98
1994 June 5,970 28,033 34,003 27,085 6,918 79.65
July 6,918 32,106 39,024 27,435 11,589 70.30
August 11,589 38,228 49,817 33,371 16,446 66.99
September 16,446 33,681 50,127 42,440 7,687 84.66
October 7,687 35,853 43,540 42,736 804 98.15
November 804 42,776 43,580 41,236 2,344 94.62
Totals 49,414 210,677 260,091 214,303 45,788 82.40
Source: California Department of Health Services
a The number of unprocessed drug TARs at the end of October 1990 does not agree with the number
of unprocessed drug TARs at the beginning of November 1990. The manager of the San
Francisco drug unit stated that unit staff did a hand count of the actual unprocessed drug TARs at
the end of October 1990 and found the unit’s accounting records overstated by 1,065, the number
of unprocessed drug TARs for the end of the month. Because of this finding, unit staff adjusted
the number of unprocessed drug TARs reported at the beginning of November.
Attachment C
Comparison of Drug Treatment Authorization Requests
Approved, Modified, Denied, and Returned
June Through November 1990 and
June Through November 1994
Total
Approveda Modifie Denied Returned Processed
d
1990 June 9,350 2,001 1,226 438 13,015
July 9,169 2,008 1,361 1,626 14,164
August 8,980 2,650 2,045 827 14,502
September 7,222 1,847 1,565 760 11,394
October 8,377 2,215 1,698 813 13,103
November 7,033 1,811 1,455 805 11,104
Totals 50,131 12,532 9,350 5,269 77,282
1994 June 15,526 4,271 5,205 2,083 27,085
July 17,007 4,425 4,152 1,851 27,435
August 20,918 5,831 4,624 1,998 33,371
September 30,361 6,209 4,006 1,864 42,440
October 29,740 5,580 4,811 2,605 42,736
November 24,661 8,996 4,758 2,821 41,236
Totals 138,213 35,312 27,556 13,222 214,303
Source: California Department of Health Services
a An approved drug TAR has been authorized by the drug unit as submitted. A
denied drug TAR has been rejected as submitted. A modified drug TAR has
been changed by the drug unit in some way and then approved. Changes could
include a change in the quantity of the drug requested, a change in the time for
which the drug is approved, or the denial of or change to one drug request on a
drug TAR with several requests. A returned drug TAR lacks sufficient
information for the drug unit to make a decision. The drug unit returns the drug
TAR to the provider for clarification.