CMS Adds New Exemptions
For 2012 E-Prescribing Penalty
The Center for Medicare & Medicaid Services (CMS) issued a proposed rule that makes significant changes to the e-prescribing penalty program by adding more exemptions categories so that physicians are not unfairly penalized.
The previous rules required physicians in individual practices to submit at least 10 Medicare Part B claims with the electronic measure code eRx G8553 and an eligible encounter code by June 30, 2011, or face a claims payment reduction of 1% in 2012.
Physicians are still required to e-prescribe using a qualifying system and electronic measure code; but, through an online web portal, will have an opportunity to show eligibility for one of the following exemptions:
- Physician's practice is located in a rural area without high speed internet access
- Physician's practice is located in an area without sufficient available pharmacies for electronic prescribing
- Physician is registered to participate in the Medicare or Medicaid electronic health record incentive (EHR) program and has adopted certified EHR technology
- Physician is unable to electronically prescribe due to local, state or federal law or regulation (e.g., prescribes controlled substances)
- Physician infrequently prescribes (e.g., prescribe fewer than 10 prescriptions between January 1, 2011, and June 30, 2011)
- There are insufficient opportunities to report the e-prescribing measure due to program limitations
Physicians will have to apply for an exemption from the 2012 e-prescribing penalty via the online web-portal by October 1, 2011.
The proposed rule can be viewed at the Office of the Federal Register website, http://www.ofr.gov. It will be published in the Federal Register on June 1, 2011. The comment period closes July 25, 2011.
