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

eligible professional for the requirement to report on<br />

electronic prescribing measure(s). However, under section<br />

1848(m)(3)(B)(i) of the Act, if this standard were<br />

substituted by the Secretary for a particular year, then<br />

the standard based on the reporting on electronic<br />

prescribing measures would no longer apply or be available.<br />

If the Secretary decides to establish the substitute<br />

requirement, the Secretary is authorized to use Part D drug<br />

claims data to assess whether a sufficient number of<br />

prescriptions have <strong>been</strong> <strong>submitted</strong> by eligible<br />

professionals.<br />

For the 2009 Electronic Prescribing Incentive Program,<br />

as described above, we will require eligible professionals<br />

to report on the existing electronic prescribing measure<br />

established by the Secretary as described in further detail<br />

below. In future years, we intend to consider the use of a<br />

certain number of Part D prescribing events as the basis<br />

for the incentive payment. However, our ability to use<br />

this substitute requirement for 2009 is not feasible. Our<br />

future consideration will depend on achievement of<br />

technical changes that may be necessary and would be<br />

addressed in future notice and comment rulemaking.<br />

c. The 2009 Reporting Period for Successful Electronic<br />

Prescriber<br />

679

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