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CMS-1403-FC
proposed rule's publication, it was enacted in time for
commenters to discuss its provisions in their comments to
our proposals. Based on MIPPA-based and other comments
received in response to our proposal to further modify the
computer-generated facsimile exemption, and taking into
consideration the potential positive impact on the industry
of the Part D e-prescribing incentives included in the
recently-enacted MIPPA legislation, we are reinstating the
original exemption for computer-generated facsimiles
effective January 1, 2009. We also agree with those
commenters who suggested that the computer-generated
facsimile exemption should be eliminated (in all instances
other than transient/temporary network transmission
failures) once provider e-prescribing disincentives under
the MIPAA program are initiated.
Although several commenters suggested that we should
wait until the disincentives are maximized in 2014, we feel
that it is more appropriate to eliminate the reinstated
exemption (in all instances other than temporary/transient
network transmission problems) sooner, when the MIPPA
e-prescribing program disincentives for those who are not
successful electronic prescribers begin in 2012. We
believe that the January 1, 2012 compliance date for the
elimination of the computer-generated facsimile exemption
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