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

exemption originally created in the November 7, 2005 final<br />

rule for computer-generated facsimiles in Part D<br />

e-prescribing be reinstated to prevent a reversion by<br />

providers to paper prescriptions, and a reversion by<br />

pharmacies to traditional paper faxing. Therefore, by this<br />

rule we have reinstated the original exemption for<br />

computer-generated facsimiles effective January 1, 2009.<br />

However, we will eliminate the reinstated computer-<br />

generated facsimiles exemption in all instances other than<br />

transient/temporary network transmission failures effective<br />

when the MIPPA e-prescribing program disincentives take<br />

effect on January 1, 2012.<br />

Comment: Some commenters requested clarification of<br />

our proposed amendment to the exemption for computer-<br />

generated facsimiles. One commenter stated that their<br />

customers believe that all Part D prescriptions, without<br />

exception, must be sent via electronic transmission as of<br />

January 1, 2009, and otherwise they may be liable for<br />

conducting an “illegal” transaction. To avoid undue<br />

hardship, costs, and confusion, the commenter asked that<br />

<strong>CMS</strong> clearly specify that e-prescribing is preferred but<br />

still voluntary for providers and dispensers; and those<br />

prescribers not currently e-prescribing under the Medicare<br />

Part D pharmacy benefit program may still write paper<br />

343

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