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CMS-1403-FC
of the 2009 e-prescribing incentive program no later than
December 31, 2008.
Comment: A few commenters objected to the fact that
there is no definition as to what constitutes an acceptable
hardship exemption for the e-prescribing incentive
initiative.
Response: As discussed briefly above, section
1848(a)(5)(A) of the Act, as added by the MIPPA, authorizes
the Secretary, starting in 2012, to apply a differential
fee schedule amount for covered professional services
furnished by an eligible professional who is not a
successful electronic prescriber. In accordance with
section 1848(a)(5)(B) of the Act, the Secretary may, on a
case-by-case basis, exempt an eligible professional from
the application of the payment differential if the
Secretary “determines, subject to annual renewal, that
compliance with the requirement for being a successful
electronic prescriber would result in a significant
hardship.” This hardship exemption is to be used at the
discretion of the Secretary.
Since this hardship exemption pertains only to those
eligible professionals subject to a payment differential
because they did not meet the criteria for becoming a
successful electronic prescriber, this provision will not
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