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19.02.2013 Views

CMS-1403-FC e-prescribing in physicians’ offices is resource intensive and many local pharmacies are not prepared to use e- prescribing. Response: As described above, the MIPPA requires us to implement an incentive payment for successful electronic prescribers beginning in 2009. Many of the MIPPA requirements with respect to the incentive payment for successful electronic prescribers are generally self- implementing, require little exercise of discretion, and build on existing aspects of the PQRI that have already been proposed. In addition, although 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, we are finalizing this program for 2009 in this final rule with comment period. The quality measure that we are using to determine whether an eligible professional qualifies as a successful electronic prescriber was available for public comment during its development by QIP as well as during the consensus process for AQA adoption and NQF endorsement, both of which have been achieved. Additionally, as this quality measure was one of the quality measures proposed for the 2009 PQRI in the CY 2009 PFS proposed rule, the public had an opportunity to comment 702

CMS-1403-FC on this quality measure during the proposed rule’s comment period. Comment: One commenter was concerned that future DEA regulation changes may complicate e-prescribing. The commenter urged us to exempt e-prescribing of controlled substances from any assessment of differential payments. Response: We are aware of the proposed DEA regulation changes and believe the modification and explanation of the third G code described above adequately addresses this issue. Comment: We received one comment that emergency department evaluation and management codes do not appear in the denominator of the e-prescribing measure proposed for the 2009 PQRI (Measure #125). Another commenter suggested that we maintain the eye visit codes in this measure so that ophthalmologists can participate in the e-prescribing incentive program. Response: We have addressed in the body of the preamble the comment with respect to hospital based services of professionals. The current measure specifications contain office and outpatient codes applying to eye care. As stated above, we will post the final specifications for the e-prescribing measure for purposes 703

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

on this quality measure during the proposed rule’s comment<br />

period.<br />

Comment: One commenter was concerned that future DEA<br />

regulation changes may complicate e-prescribing. The<br />

commenter urged us to exempt e-prescribing of controlled<br />

substances from any assessment of differential payments.<br />

Response: We are aware of the proposed DEA regulation<br />

changes and believe the modification and explanation of the<br />

third G code described above adequately addresses this<br />

issue.<br />

Comment: We received one comment that emergency<br />

department evaluation and management codes do not appear in<br />

the denominator of the e-prescribing measure proposed for<br />

the 2009 PQRI (Measure #125). Another commenter suggested<br />

that we maintain the eye visit codes in this measure so<br />

that ophthalmologists can participate in the e-prescribing<br />

incentive program.<br />

Response: We have addressed in the body of the<br />

preamble the comment with respect to hospital based<br />

services of professionals. The current measure<br />

specifications contain office and outpatient codes applying<br />

to eye care. As stated above, we will post the final<br />

specifications for the e-prescribing measure for purposes<br />

703

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