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CMS-1403-FC
prescriptions, or call in or fax their prescriptions using
a traditional paper fax machine to a pharmacy.
Another commenter asked CMS to clarify that providers
who use prescription writing systems that enable computer
based facsimiles but do not enable NCPDP SCRIPT
transactions are not subject to the provisions of the
computer-generated facsimile exemption. One commenter
asked CMS to clarify the definition of a “true”
e-prescribing system.
Response: We recognize that there might be some
confusion for prescribers and dispensers with the
elimination of certain portions of the computer-generated
facsimile exemption. In the November 7, 2005 e-prescribing
final rule (70 FR 67568), we defined “e-prescribing” to
mean the transmission, using electronic media, of
prescription or prescription-related information, between a
prescriber, dispenser, PBM, or health plan, either directly
or through an intermediary, including an e-prescribing
network.
As we noted above, section 101 of the MMA amended
title XVIII of the Act to establish the Part D prescription
drug benefit program. As part of that program, the
Congress required the establishment of a "voluntary" e-
prescribing program. It is voluntary in that providers and
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