Patients in the ambulatory setting are free to choose any pharmacy for their medication needs.  Patients in the hospital are required to obtain medications from the hospital pharmacy.  Long-term care facilities fall into a gray area between these extremes.  On the one hand, LTC residents view the facility as their home and are entitled to the right to make decisions about their lives.  On the other hand, the facility is accountable to follow federal and state regulations and ensure accurate and efficient administration of medications to its residents.

Shown below are some resources and documents that address this issue:

ASCP Letter Opposing Mississippi H.B. 1439

Mississippi House Bill 1439

Feinberg JL.  Freedom of Choice in Nursing Facilities.  The Consultant Pharmacist.  1993;8(10):1073–6.

Department of Health and Human Services, Health Care Financing Administration.  Medicare and Medicaid:  Requirements for long term care facilities final regulations.  42 CFR Part 442, (Sep 26, 1991).

Letter from Department of Health, Education, and Welfare, Social and Rehabilitation Service, Medical Services Administration, Paul R. Willging, Associate Commissioner for Management, to American Pharmaceutical Association, (Feb 5, 1976).

Letter from Department of Health and Human Services, Health Care Financing Administration, Health Standards and Quality Bureau, Edward L. Kelly, Acting Director, to American Health Care Association, (Nov. 1980).

Letter from Department of Health and Human Services, Health Care Financing Administration, Health Standards and Quality Bureau, Barbara J. Gagel, Director, to the Honorable H. James Saxton, (Jan 25, 1993).