The transition-fill right: a temporary supply after a formulary change

Checked against the current rules on September 23, 2026.

New enrollees and beneficiaries affected by a mid-year formulary change are entitled to a temporary supply of a drug they were already taking — a separate right from the exceptions process, with its own timing.

Source: 42 CFR Part 423, Subparts M & U — Part D Grievances, Coverage Determinations, Redeterminations, Reconsiderations, ALJ Hearings, Council Review, and Judicial Review.

A Part D plan sponsor must have a transition process covering a new enrollee who was previously using a drug not on the plan's formulary (or subject to utilization management), and covering an existing enrollee affected by a negative formulary change made after the start of the plan year.42 CFR 423.120

What this means for your appeal

Pharmacy fill history showing continuous use of the exact drug before the enrollment date or the formulary-change date is the core evidence for a transition-fill request — it's a different, often faster path than a full exception request, and worth raising explicitly rather than only filing a standard exceptions request.

A transition fill is meant to buy time, not resolve the underlying coverage question — it gives the family and prescriber a window to either switch to a covered alternative or put together a real exceptions request with a supporting statement, rather than leaving someone without any supply of a drug they were already stable on while paperwork is sorted out.

Because a transition fill is triggered by enrollment or by a formulary change rather than by a denial, it's easy for a family to miss that this right even applies — a pharmacy that simply says "not covered" at the counter may not mention the transition-fill option at all, so it's worth asking directly whether this is a new-enrollee or mid-year-formulary-change situation before assuming the only path forward is a full exception request.

The written notice a plan sends when it provides a transition supply is also worth reading closely — it should explain both that the fill is temporary and what the enrollee needs to do before it runs out, whether that's switching to a covered drug with the prescriber's help or filing a formulary exception. A family who fills the transition supply without acting on that notice can end up at the pharmacy counter again with no coverage and no time left to sort it out.

Sources — last checked September 23, 2026

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By CaseWhy Appeals editorial. See how this content is produced. Not legal advice. Not affiliated with or endorsed by Medicare, CMS, or any health plan. A product of CaseWhy LLC.