CMS Issues Proposed Rule to Expand Exemptions to E-Prescribing Program - June 1, 2011

The federal Centers for Medicare & Medicaid Services on May 26 issued a proposed rule that would make additional provider exemptions for the Medicare electronic prescribing incentive program. Under the Medicare Improvements for Patients and Providers Act of 2008, Medicare providers were required to begin using e-prescribing technology beginning in 2011. Those who failed to send at least 10 e-prescriptions in the first six months of 2011 would face a penalty in 2012, and those who failed to send at least 25 in the first six months of 2012 would face penalties in 2013. Now, under the proposed rule, physicians may be exempt from the e-prescribing penalties if they participate in the Medicare or Medicaid electronic health record incentive program, are unable to electronically prescribe medication due to certain laws, rarely prescribe medications, or have limited opportunities to report e-prescribing activities. CMS is expected to publish the proposed rule in the Federal Register on June 1; comments will be accepted for 60 days following its publication.