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CMS-1403-FC which directed the Secretary to issue uniform standards for the electronic transmission of such data. There is no requirement that prescribers or dispensers implement e-prescribing. However, prescribers and dispensers who electronically transmit prescription and certain other prescription-related information for covered drugs prescribed for Medicare Part D eligible individuals, directly or through an intermediary, are required to comply with any applicable final standards that are in effect. For a complete discussion of the statutory basis for the e-prescribing portions of this final rule with comment period and the statutory requirements at section 1860D-4(e) of the Act, please refer to the “Background” section of the E-Prescribing and the Prescription Drug Program proposed rule published in the February 4, 2005 Federal Register (70 FR 6256) 2. Regulatory History a. Foundation Standards and Exemption for Computer-Generated Facsimiles (Facsimiles) In the E-Prescribing and the Prescription Drug Program final rule (70 FR 67568, November 7, 2005), we adopted the National Council for Prescription Drug Programs (NCPDP) SCRIPT standard, Implementation Guide, Version 5, Release 0 (Version 5.0), May 12, 2004, excluding the 326

CMS-1403-FC Prescription Fill Status Notification Transaction (and its three business cases which include the following: Prescription Fill Status Notification Transaction—Filled; Prescription Fill Status Notification Transaction—Not Filled; and Prescription Fill Status Notification Transaction—Partial Fill) hereafter referred to as “NCPDP SCRIPT 5.0,” as the standard for communicating prescriptions and prescription-related information between prescribers and dispensers. Subsequently, in the June 23, 2006 Federal Register (71 FR 36020), we published an interim final rule with comment period (IFC) that maintained NCPDP SCRIPT 5.0 as the adopted standard, but allowed for the voluntary use of a subsequent backward compatible version of the standard, NCPDP SCRIPT 8.1. In the April 7, 2008 Federal Register, we published a final rule (73 FR 18918) that finalized the June 23, 2006 IFC; effective April 1, 2009, we will retire the NCPDP SCRIPT 5.0 and adopt NCPDP SCRIPT 8.1 as the standard. Hereafter we refer to these standards as “NCPDP SCRIPT.” The November 7, 2005 final rule also established an exemption to the requirement to utilize the NCPDP SCRIPT standard for entities that transmit prescriptions or prescription-related information for Part D covered drugs prescribed for Part D eligible individuals by means of 327

<strong>CMS</strong>-1403-FC<br />

which directed the Secretary to issue uniform standards for<br />

the electronic transmission of such data.<br />

There is no requirement that prescribers or dispensers<br />

implement e-prescribing. However, prescribers and<br />

dispensers who electronically transmit prescription and<br />

certain other prescription-related information for covered<br />

drugs prescribed for Medicare Part D eligible individuals,<br />

directly or through an intermediary, are required to comply<br />

with any applicable final standards that are in effect.<br />

For a complete discussion of the statutory basis for the<br />

e-prescribing portions of this final rule with comment<br />

period and the statutory requirements at section 1860D-4(e)<br />

of the Act, please refer to the “Background” section of the<br />

E-Prescribing and the Prescription Drug Program proposed<br />

rule published in the February 4, 2005 Federal Register<br />

(70 FR 6256)<br />

2. Regulatory History<br />

a. Foundation Standards and Exemption for<br />

Computer-Generated Facsimiles (Facsimiles)<br />

In the E-Prescribing and the Prescription Drug<br />

Program final rule (70 FR 67568, November 7, 2005), we<br />

adopted the National Council for Prescription Drug Programs<br />

(NCPDP) SCRIPT standard, Implementation Guide, Version 5,<br />

Release 0 (Version 5.0), May 12, 2004, excluding the<br />

326

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