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CMS-1403-FC
prescribers for 2009 are described in detail in section
II.O2. of this final rule with comment period.
Section 132(a)(1) of the MIPPA also amends section
1848(m) of the Act, as redesignated by section 131(b)(2) of
the MIPPA, to provide for an exemption from both the
incentive payment and the payment differential for a
particular reporting period of certain eligible
professionals. The Secretary is authorized to choose
between two possible standards for the exemption: one based
upon whether the allowed charges to which the electronic
prescribing quality measure applies are less than 10
percent of the total allowed charges for all covered
professional services furnished by the eligible
professional during the reporting period; and one based on
whether the eligible professional does not submit
(including both electronically and nonelectronically) a
sufficient number (as determined by the Secretary) of
prescriptions under Part D (which can again be assessed
using Part D drug claims data). 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. For 2009, the criteria for
exemption from the incentive payments for electronic
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