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CMS-1403-FC
a reporting period, as amended by section 131(b) of the
MIPPA, and one based on the electronic submission by the
eligible professional of a sufficient number of
prescriptions under the Medicare Prescription Drug Benefit
Program (Part D) during the reporting period. If the
Secretary decides to use the latter standard, the Secretary
is authorized to use Part D drug claims data to assess
whether a “sufficient” number of prescriptions have been
submitted by eligible professionals. We do not intend to
use this latter standard for 2009. However, to the extent
that we intend to use this latter standard in future years,
we will address how we plan to define “sufficient” through
notice and comment rulemaking. Section 1848(m)(3)(B) of
the Act, as added by section 132(a)(2)(B) of the MIPPA,
also requires that to the extent practicable, in
determining whether eligible professions meet the
requirements to be identified as successful electronic
prescribers, “the Secretary shall ensure that eligible
professionals utilize electronic prescribing systems in
compliance with standards established for such systems
pursuant to the Part D Electronic Prescribing Program under
section 1860D-4(e) of the Act.” The 2009 electronic
prescribing incentive reporting period and the criteria
that will be used by CMS to identify successful electronic
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