Las Vegas, Nevada

I am totally disabled and on Medicaid. My physician prescribes Percocet for pain control of colitis. He issues me a prescription for a 30-day supply every 30 days. On February 25, 2013, I submitted my prescription for Percocet to the above referenced Walgreens Pharmacy. The date on the label shows the prescription was filled on February 25, 2013. Their website shows the prescription was not filled until February 26, 2013.

On March 25, 2013, I submitted a prescription for Percocet to the same pharmacy. The representative stated that the prescription could not be filled until April 1, 2013, because I had not picked up the previous prescription for Percocet until March 1, 2013. In response, I stated, "You are going by the pickup date of March 1, 2013, versus the dispensing date of February 25, 2013." The representative responded, "Yes."

Questioning Walgreens' use of the pickup date, on the morning of March 26, 2013, I called Medicaid and spoke to a representative by the name of Dawn. She ran a trial claim for a prescription of Percocet, and she said that it was accepted and approved. I explained to Dawn that Walgreens was using the pickup date versus the dispensing date. She stated to call Walgreens Pharmacy and asked when the prescription for Percocet could be filled. Immediately I called the same Walgreens Pharmacy. I asked the representative by the name of Maryann when my prescription for Percocet could be filled. She pulled up my profile and stated it could not be filled until April 1, 2013, because I had not picked up the previous prescription for Percocet until March 1, 2013. I questioned her about using the pickup date. She stated that it was the law to use the pickup date, and she could do nothing about it.

In response, I told her it was not the law because I had just spoken to Medicaid, and they ran a trial claim for the Percocet using March 26, 2013, as the date of dispensing, and it was accepted and approved. I told her it was Walgreens Pharmacy policy to use the pickup date and not the law. Today, March 29, 2013, I submitted the same prescription for Percocet at a Walmart Pharmacy. They filled the prescription, and Medicaid accepted and approved it on their computer system. This clearly substantiated that Walgreens Pharmacy has created their own policy to use the pickup date versus the dispensing date. It is Walgreens Pharmacy's dirty little tactic to delay filling prescriptions.

As I am disabled, I am not always able to pick up my prescriptions on the same day I drop off the prescription at a pharmacy. I do not drive, and I have a caregiver drive me to the pharmacy. Furthermore, I schedule my appointments with my primary physician based on the dispensing date of Percocet and not the pickup date. The bottom line: A person could run out of his prescription because Walgreens Pharmacy is using the pickup date versus the dispensing date for Percocet.

Furthermore, Medicaid uses the dispensing date and not the pickup date for billing. The pharmacy is required to use the dispensing date and not the billing date in submitting a claim for reimbursement of the cost of the prescription. Therefore, I question the legality of Walgreens using the pickup date and falsely telling a customer the prescription cannot be filled based in the pickup date instead of the billing date.

Monetary Loss: $50.

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You may want to do more research. Just because your insurance will pay for it earlier doesn't mean you can have it filled.

Controlled substance laws require a certain amount of time between fills and pick up dates, which varies from state to state.

You can contact the medical board for your state, or the bureau of narcotics, and they can explain it better. They are really cracking down on pharmacies and doctors making sure they follow the rules because of so many substance abusers.


I did conduct research on this matter. The dispensing date is what is to be used with respect to Schedule II controlled substances.


I don't understand why it is so difficult for patients to understand that just because Medicaid, Medicare, or any private insurance tells you or otherwise let's a claim go through for a controlled substance does not mean that you can actually have it filled. Unless you have been going to a pharmacy that is just looking the other way and not following the protocols that they should be, you should only be getting it refilled based on the length of the time that the prescription is supposed to last has passed based on the day that you PICKED IT UP.

It makes no sense for us to let you refill something that was filled 30 days ago but picked up 21 days ago because you shouldn't be out yet unless you are not taking it like you should be. Before you try to say that your doctor told you could take more if you needed to, know that it doesn't matter if its not in the prescription. Truthfully we only let people get a controlled substance refilled 3 days early from the last time it was picked up not dispensed. We can always tell who is clearly abusing medicine because we also offer to fill it early if the doctor verbally says it is ok; usually the patient doesn't want us to because they know they're going to get caught.

No pharmacy has an obligation to fill any prescription for any patient and can deny it at any time and had the right to refuse to transfer it or fill refills. As far as dispensed date on C2, they are referring to the date the doctor dispensed the rx to you, that we use to file the claim not the date we dispense it. You have no idea how pharmacy or medical claims billing works, and we always use the date of service to bill claims ALL DOCTORS and PHARMACYS Do this. The date of service is the date we preform the action of filling you medication not whenever you decide to pick it up.

Legally however we cannot keep medication ready more than about 10 days otherwise we can be audited for filing false claims. In my experience with patients such as yourself they are looking for someone to blame because they can't have what they want.

We are doing our job and at the end of the day while you are trying to figure out a way to strong arm the pharmacy with legalities that you don't even understand, I go home at night and know that I did my job and that people like you don't have the right to be angry at the pharmacy. pharmacies are not out to get patients or keep them from getting their medicine but we do have to follow the law and we can have stricter policies than the law if we choose to prevent us from being held responsible if patients are caught selling or abusing controlled substances.