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

facsimiles in all instances other than transient/temporary<br />

network transmission failures.<br />

We received 52 relevant and timely public comments on<br />

our proposal to further amend the exemption of<br />

computer-generated facsimiles from the NCPDP SCRIPT<br />

standard for Part D e-prescribing to include an exemption<br />

for refill request transactions with prescribers who are<br />

not capable of e-prescribing using the adopted NCPDP SCRIPT<br />

standard as detailed in the CY 2009 PFS proposed rule<br />

(73 FR 38600). While the comments were few in number, they<br />

tended to provide multiple detailed comments on what had<br />

<strong>been</strong> proposed.<br />

Comment: Several commenters recommended that we<br />

reinstate the exemption for computer-generated facsimiles<br />

in its entirety. The commenters referenced the Medicare<br />

Improvements for Patients and Providers Act of 2008 (MIPPA)<br />

and its potential to help drive e-prescribing adoption,<br />

stating that the e-prescribing incentives contained in the<br />

MIPPA provide a better, more transitional path towards that<br />

goal.<br />

One commenter recommended that the elimination of the<br />

computer-generated facsimile exemption coincide with the<br />

incentive provisions contained in the MIPPA legislation.<br />

The commenter noted the eventual penalty for Medicare<br />

335

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