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RCW 74.09.665 took effect on January 1, 2025, in accordance with the guidelines issued by the Centers for Disease Control and Prevention (CDC). This law helps increase access to human immunodeficiency virus (HIV) postexposure prophylaxis (PEP) drugs or therapies.
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Retroactive for dates of service on or after January 1, 2025, hospital emergency departments (EDs) may dispense and bill for up to a 28-day supply of HIV PEP drugs or drug therapies following a client’s possible exposure to HIV, unless the treatment is:
- Medically contraindicated;
- Inconsistent with accepted standards of care; or
- Inconsistent with CDC guidelines.
EDs must bill for take-home HIV PEP drugs or drug therapies as a separate line item with HCPCS code J8499 and the National Drug Code (NDC) for the products that were dispensed. The take-home HIV PEP is reimbursed separately from the bundled ED rate. See the Prescription Drug Program billing guide for more information.
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