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

NCPDP SCRIPT standard), although many commenters suggested<br />

that we continue to allow for the use of computer-generated<br />

facsimiles in the case of transmission failure and network<br />

outages. Less than half of the commenters disagreed with<br />

our proposal to eliminate the exemptions for computer-<br />

generated facsimiles, citing concerns about increased<br />

hardware/software costs, transaction fees, certification,<br />

and other activation costs.<br />

Several commenters indicated that the elimination of<br />

the exemption could be problematic in certain e-prescribing<br />

transactions, namely prescription refill requests, but only<br />

one of those commenters offered substantiation to support<br />

this assertion. Absent receipt of substantial industry<br />

data on the impact of the elimination of the<br />

computer-generated facsimile exemption on prescription<br />

refill requests, and not considering the industry’s<br />

comments about prescription refill requests to constitute<br />

widespread concern regarding the prescription refill<br />

request function, in the CY 2008 PFS final rule with<br />

comment period (72 FR 66396), we amended the exemption to<br />

permit the use of computer-generated facsimiles only in<br />

cases of temporary/transient network transmission failures,<br />

effective January 1, 2009.<br />

3. Proposal for CY 2009<br />

330

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