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

reinstatement of the original computer-generated facsimile<br />

exemption that was adopted in the November 7, 2005 e-<br />

prescribing final rule in its entirety, effective January<br />

1, 2009, we believe we have addressed commenters’ concerns<br />

regarding effective dates. However, we will eliminate the<br />

reinstated exemption for computer-generated facsimiles in<br />

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

transmission failures when the MIPPA e-prescribing program<br />

disincentives take effect on January 1, 2012<br />

Comment: A comment concerning the computer-generated<br />

facsimile exemption issue relative to non-NCPCP SCRIPT<br />

enabled pharmacies (including many independent pharmacies)<br />

stated that there are still significant segments of the<br />

retail pharmacy market not yet in a position to receive<br />

electronic prescriptions because they are only facsimile-<br />

enabled. The commenter cited national prescription<br />

information exchange network data showing that only about<br />

42,000 of the nation’s pharmacies are NCPDP SCRIPT e-<br />

prescribing enabled, and about 20,000 of the nation’s<br />

pharmacies are only manual (traditional paper-based)<br />

facsimile or computer-generated facsimile-enabled.<br />

One commenter stated that e-prescribing technology <strong>has</strong><br />

not yet <strong>been</strong> perfected by its developers, and that the<br />

receiving parties (that is, pharmacies) have not fully<br />

350

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