Despite practitioners’ objections to increasing administrative burdens, updates to the Federal Trade Commission (“FTC”) Ophthalmic Practice Rules (the “Eyeglass Rule”) went into effect in late September. The longstanding Eyeglass Rule requires both ophthalmologists and optometrists to automatically provide patients with a free copy of their prescription, regardless of whether the patient requests it, immediately following an eye examination.
The most pertinent 2024 updates to the Eyeglass Rule include:
- require patients to sign a statement confirming that they received a copy of their prescription after an eye examination and maintain the signed (whether physical or digital) confirmation for at least three years;
- allow providers to release patients’ prescriptions, and require the provider to retain for at least three years proof: (a) of the patient’s consent to electronic delivery; and (b) that the prescription was sent to the patient (or received by the patient, made accessible to the patient, made downloadable to the patient, etc., as applicable); and
- clarify that the rule only applies when a patient undergoes a “refractive” eye examination i.e., when a provider determines which strength of lens prescription the patient needs
Providers who do not have a direct or indirect financial interest in the sale of eyeglasses are exempted from the requirement to obtain a signed confirmation from the patient acknowledging receipt of a copy of the prescription; however, they are still required to provide a copy of the prescription to the patient immediately after the refractive eye examination. Note that providers involved in a co-location arrangement (where an optical company leases space to a provider) do not meet the exemption and are therefore required to provide a copy of the prescription and obtain a signed confirmation from the patient. Providers who are uncertain as to whether they have a financial interest in the sale of prescription eyewear should err on the side of caution and obtain their patients’ signed confirmation.
The FTC has historically enforced the Eyeglass Rule by issuing warning letters and injunctions to eye care providers who are in violation. Civil monetary penalties of up to $50,120 per violation may also be imposed. Vision care providers must ensure their compliance with the Eyeglass Rule and its recent updates to avoid such actions. Because the FTC indicated that the updates were implemented to increase compliance, we anticipate that the FTC may seek to aggressively enforce the newly updated Eyeglass Rule.
How Frier Levitt Can Help
Frier Levitt’s representation of vision care providers covers a wide range of issues affecting the profession. Whether to ensure that your practice is complying with the Eyeglass Rule, challenge onerous contractual terms proposed by VBMs, respond to a payor audit, or explore structural options such as the formation of a supergroup, our team of attorneys can help. For more information, contact Frier Levitt to speak with an attorney.
