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CMS-1403-FC make more informed health care decisions. This includes posting on an Internet Web site the names of those physicians who report data on quality measures through the PQRI as described above as well as other types of performance measurement information. More information about the PMRS SOR is available at http://www.cms.hhs.gov/PrivacyActSystemofRecords/downloads/ 0584.pdf. O2. Electronic Prescribing (E-Prescribing) Incentive Program a. Program Background and Statutory Authority As discussed in section III. of this final rule with comment period, the MIPPA authorizes a new incentive program beginning for 2009 for eligible professionals who are successful electronic prescribers. Since MIPPA was enacted after publication of the CY 2009 PFS proposed rule, there was no discussion of this new incentive program in the CY 2009 PFS proposed rule. We note, however, that many of the requirements under MIPPA with respect to the new e- prescribing incentive program are self-implementing. In addition, section 1848(m)(5)(C) of the Act, as redesignated and amended by the MIPPA, authorizes us to implement certain aspects of the 2009 e-prescribing incentive program by program instruction or otherwise. Given that the 672
CMS-1403-FC e-prescribing quality measure developed under the PQRI program will be used in 2009, however, we are finalizing the 2009 e-prescribing incentive program in this final rule with comment period. As defined in §423.159(a), e-prescribing is the transmission, using electronic media, of prescription or prescription-related information between a prescriber, dispenser, pharmacy benefit manager (PBM), or health plan, either directly or through an intermediary, including an e- prescribing network. E-prescribing includes, but is not limited to, two-way transmissions between the point of care and the dispenser. The MMA and the creation of the Medicare Prescription Drug Benefit Program (Part D) promoted the use of electronic prescribing by requiring the adoption of interoperable Part D standards for electronically prescribing Part D covered drugs prescribed to Part D eligible individuals. As required by section 1860(D)(4)(e) of the Act, as added by the MMA, “foundation standards” were adopted on November 7, 2005 (70 FR 67568) and additional Part D e-prescribing standards were adopted on April 1, 2008, that are to become effective April 1, 2009 (73 FR 18918). Section 1860(D)(4)(e)(6) of the Act, as added by the 673
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<strong>CMS</strong>-1403-FC<br />
make more informed health care decisions. <strong>This</strong> includes<br />
posting on an Internet Web site the names of those<br />
physicians who report data on quality measures through the<br />
PQRI as described above as well as other types of<br />
performance measurement information. More information<br />
about the PMRS SOR is available at<br />
http://www.cms.hhs.gov/PrivacyActSystemofRecords/downloads/<br />
0584.pdf.<br />
O2. Electronic Prescribing (E-Prescribing) Incentive<br />
Program<br />
a. Program Background and Statutory Authority<br />
As discussed in section III. of this final rule with<br />
comment period, the MIPPA authorizes a new incentive<br />
program beginning for 2009 for eligible professionals who<br />
are successful electronic prescribers. Since MIPPA was<br />
enacted after publication of the CY 2009 PFS proposed rule,<br />
there was no discussion of this new incentive program in<br />
the CY 2009 PFS proposed rule. We note, however, that many<br />
of the requirements under MIPPA with respect to the new e-<br />
prescribing incentive program are self-implementing. In<br />
addition, section 1848(m)(5)(C) of the Act, as redesignated<br />
and amended by the MIPPA, authorizes us to implement<br />
certain aspects of the 2009 e-prescribing incentive program<br />
by program instruction or otherwise. Given that the<br />
672