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19.02.2013 Views

CMS-1403-FC exemption (in all instances other than transient/temporary network transmission failures) would place them at a disadvantage at a time when the MIPPA incentive program is expected to generate increased e-prescribing volumes. Therefore, for this reason and the other reasons stated herein, we are reversing the modifications to the computer-generated facsimile exemption that were made in the CY 2008 PFS final rule with comment period and reinstating the original computer-generated facsimile exemption that was adopted in the November 7, 2005 e- prescribing final rule in its entirety, effective January 1, 2009. However, we will eliminate the exemption for computer-generated facsimiles in all instances other than transient/temporary network transmission failures when the MIPPA e-prescribing program disincentives take effect on January 1, 2012 Comment: We received comments requesting confirmation that the proposed revisions to the computer-generated facsimile exemption would not now apply to long term care providers. Another asked that CMS allow long term care facilities to continue to transmit prescriptions via computer-generated facsimile to pharmacies that are not yet using systems capable of receiving NCPDP SCRIPT transactions appropriate to this setting (NCPDP SCRIPT 352

CMS-1403-FC Version 10.2 or higher). A professional association noted that eliminating the exemption for computer-generated facsimiles (in all instances other than transient/temporary network transmission failures) is unlikely to spur adoption among long term care providers and could, if left standing, force some facilities to resort to manual facsimiles. The commenter also urged CMS to eliminate the e-prescribing exemption for long term care facilities. Response: In §423.160 (a)(3)(iii), long term care facilities were specifically exempted from the requirement to use the adopted standards in e-prescribing under Medicare Part D due to their unique workflows and complexities associated with prescribing for patients in long term care settings. This exemption remains in effect for long term care faculties. Therefore, long term care facilities may continue to use computer-generated facsimiles, and such facilities will continue to be exempt from the requirement to use the NCPDP SCRIPT Standard in prescription transactions between prescribers and dispensers where a non-prescribing provider is required by law to be a part of the overall transaction process. Comment: Comments regarding other issues relevant to e-prescribing in general, and the elimination of the computer-generated facsimile exemption (in all instances 353

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

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

network transmission failures) would place them at a<br />

disadvantage at a time when the MIPPA incentive program is<br />

expected to generate increased e-prescribing volumes.<br />

Therefore, for this reason and the other reasons stated<br />

herein, we are reversing the modifications to the<br />

computer-generated facsimile exemption that were made in<br />

the CY 2008 PFS final rule with comment period and<br />

reinstating 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. However, we will eliminate the exemption for<br />

computer-generated facsimiles in all instances other than<br />

transient/temporary network transmission failures when the<br />

MIPPA e-prescribing program disincentives take effect on<br />

January 1, 2012<br />

Comment: We received comments requesting confirmation<br />

that the proposed revisions to the computer-generated<br />

facsimile exemption would not now apply to long term care<br />

providers. Another asked that <strong>CMS</strong> allow long term care<br />

facilities to continue to transmit prescriptions via<br />

computer-generated facsimile to pharmacies that are not yet<br />

using systems capable of receiving NCPDP SCRIPT<br />

transactions appropriate to this setting (NCPDP SCRIPT<br />

352

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