Proposed changes to e-prescribing program announced

CMS recently released a proposed rule that would update the Electronic Prescribing (eRx) Incentive Program.

The changes would expand the number of clinicians able to qualify for a hardship exemption to the program and potentially allow them to avoid penalties. The changes are still in proposed form, and will not likely be in effect until this fall, so physicians who are able to comply with the eRx requirements should still attempt to do so.

The new hardship exemptions are:

• Eligible professionals who register to participate in the EHR Incentive Programs and adopt certified EHR technology.
• Inability to electronically prescribe due to local, state, or federal law or regulation, such as prescriptions for controlled substances.
• Limited prescribing activity.
• Insufficient opportunities to report the electronic prescribing measure due to limitations of the measure's denominator.

The eRx Incentive Program was first implemented by Medicare in 2009. In 2009 and 2010, physicians who successfully participated in the program earned an incentive payment. While clinicians using eRx in 2011 will still receive an incentive payment, this is the first year that clinicians who have not implemented an eRx system may be subject to a penalty. Additional information about the program and what clinicians need to do to comply is available on the Running a Practice section of the ACP website.