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

take time to develop, and as a result, the effective date<br />

should be delayed.<br />

A few commenters said that we should tie the computer-<br />

generated facsimile exemption compliance to the April 1,<br />

2009 compliance date of the most recent round of final e-<br />

prescribing standards. One commenter suggested that we<br />

delay the effective date of the CY 2008 PFS final rule with<br />

comment period modifications to the computer-generated<br />

facsimile exemption to 2012, when wireless broadband upload<br />

connectivity is expected to achieve a speed of faster than<br />

1MB/second.<br />

Response: We do not see a correlation between the e-<br />

prescribing network certification process, and the<br />

commenter’s request to delay the elimination of the<br />

computer-generated facsimile exemption based on what may or<br />

may not take place in that process. Additionally, the<br />

process for vendors to certify their products to an e-<br />

prescribing information exchange network is a marketplace<br />

issue to which we are not a party.<br />

We understand that some prescribers and dispensers may<br />

not have <strong>been</strong> prepared to e-prescribe using the adopted<br />

standards by the January 1, 2009 effective date of the CY<br />

2008 PFS final rule's e-prescribing provisions. However,<br />

with this final rule's reversal of those modifications and<br />

349

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