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CMS-1403-FC computer-generated facsimiles (facsimiles generated by one computer and electronically transmitted to another computer or facsimile machine which prints out or displays an image of the prescription or prescription-related information). Providers and dispensers who use this technology are not compliant with the NCPDP SCRIPT standard. The exemption was intended to allow such providers and dispensers time to upgrade to software that utilizes the NCPDP SCRIPT standard, rather than forcing them to revert to paper prescribing. b. Amendment of Exemption In the CY 2008 PFS proposed rule (72 FR 38194), we proposed to revise §423.160(a)(3)(i) to eliminate the computer-generated facsimile exemption to the NCPDP SCRIPT standard for the communication of prescription or certain prescription-related information between prescribers and dispensers for the transactions specified in §423.160(b)(1)(i) through (xii). Since computer-generated facsimiles retain some of the disadvantages of paper prescribing (for example, the administrative cost of keying the prescription into the pharmacy system and the related potential for data entry errors that may impact patient safety), we believed it was important to take steps to encourage prescribers and 328
CMS-1403-FC dispensers to move toward use of NCPDP SCRIPT. We believed the elimination of the computer-generated facsimile exemption would encourage prescribers and dispensers using this computer-generated facsimile technology to, where available, utilize true e-prescribing (electronic data interchange using the NCPDP SCRIPT standard) capabilities. We proposed to eliminate the computer-generated facsimile exemption effective 1 year after the effective date of the CY 2008 PFS final rule (that is, January 1, 2009). We believed that this would provide sufficient notice to prescribers and dispensers who would need to implement or upgrade e-prescribing software to look for products and upgrades that are capable of generating and receiving transactions that utilize NCPDP SCRIPT. It would also afford current e-prescribers time to work with their trading partners to eventually eliminate computer-to- facsimile transactions. We solicited comments on the impact of the proposed elimination of this exemption. Several commenters concurred with our proposal to eliminate the exemption for computer-generated facsimiles, indicating that eliminating the exemption for computer-generated facsimiles would act as an incentive to move prescribers and dispensers toward true e-prescribing (electronic data interchange using the 329
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<strong>CMS</strong>-1403-FC<br />
dispensers to move toward use of NCPDP SCRIPT. We believed<br />
the elimination of the computer-generated facsimile<br />
exemption would encourage prescribers and dispensers using<br />
this computer-generated facsimile technology to, where<br />
available, utilize true e-prescribing (electronic data<br />
interchange using the NCPDP SCRIPT standard) capabilities.<br />
We proposed to eliminate the computer-generated<br />
facsimile exemption effective 1 year after the effective<br />
date of the CY 2008 PFS final rule (that is,<br />
January 1, 2009). We believed that this would provide<br />
sufficient notice to prescribers and dispensers who would<br />
need to implement or upgrade e-prescribing software to look<br />
for products and upgrades that are capable of generating<br />
and receiving transactions that utilize NCPDP SCRIPT. It<br />
would also afford current e-prescribers time to work with<br />
their trading partners to eventually eliminate computer-to-<br />
facsimile transactions.<br />
We solicited comments on the impact of the proposed<br />
elimination of this exemption. Several commenters<br />
concurred with our proposal to eliminate the exemption for<br />
computer-generated facsimiles, indicating that eliminating<br />
the exemption for computer-generated facsimiles would act<br />
as an incentive to move prescribers and dispensers toward<br />
true e-prescribing (electronic data interchange using the<br />
329