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

products, or, where upgrades are not available, to switch<br />

to new products that would enable such true e-prescribing.<br />

We believe that eliminating the computer-generated<br />

facsimile exemption in 2012 would provide sufficient notice<br />

to prescribers and dispensers who would need to implement<br />

or upgrade e-prescribing software to look for products and<br />

upgrades that are capable of generating and receiving<br />

transactions that utilize NCPDP SCRIPT. Eliminating the<br />

reinstated computer-generated facsimile exemption in 2012<br />

would also afford current e-prescribers time to work with<br />

their trading partners to eventually eliminate the use (in<br />

all instances other than transient/temporary network<br />

transmission failures) of computer-generated facsimiles in<br />

e-prescribing transactions.<br />

From our analysis of the public comments that asked<br />

that the elimination of the computer-generated facsimile<br />

exemption (in all instances other than temporary/transient<br />

network transmission failures) be reversed, and in view of<br />

the recent MIPPA legislation that provides a more powerful<br />

incentive to providers to e-prescribe in accordance with<br />

the standards adopted under Medicare Part D, we are<br />

reversing the modifications to the computer-generated<br />

facsimile exemption that were made in the CY 2008 PFS final<br />

rule with comment period and reinstating the original<br />

347

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