The AMA, while being complimentary of some steps taken by CMS, has asked that the agency expand exemptions and further modify the rules and penalties surrounding e-prescribing.

Read more in the article below from Modern Physician.

AMA asks for further eRx rule changes

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Posted: July 28, 2011 - 2:45 pm ET

Tags: American Medical Association (AMA), Electronic Health Records (EHR), Information Technology, Physicians

The American Medical Association, joining 91 state and specialty medical societies, has called for further modifications of proposed changes to the CMS' physician electronic-prescribing incentive program.

"The AMA has continually advocated for changes to the e-prescribing program to ensure it's fair for all physicians and that as many physicians as possible are able to successfully participate," AMA immediate past President Dr. Cecil Wilson said in a news release announcing the submission of the associations' nine-page comment letter to CMS Administrator Dr. Donald Berwick (PDF). "While we appreciate the modifications CMS presented in the proposed rule, they don't go far enough. More changes are needed, including establishing an additional reporting period in 2012 and not applying penalties until 2013."

The proposed rule changes, which were released by the CMS in May, provide that eRx incentives continue through 2011 but that penalties for noncompliance would begin in 2012.

In their letter, the groups state that physicians "are working hard to adopt e-prescribing and other health IT and should not be unfairly penalized for practice patterns that do not fit neatly within the current, limited exemption process." They note: "(The) CMS is proposing to modify the 2011 eRx measure for the 2011 incentive and 2012 penalty programs; provide additional significant-hardship exemption categories for eligible providers and group practices so they can request an exemption during 2011 to avoid the 2012 eRx payment adjustment; and extend the deadline for submitting requests for consideration for the two significant-hardship exemption categories for the 2012 eRx payment adjustment, which was finalized in the 2011 Medicare Physician Fee Schedule final rule."

The proposed steps to immediately modify the eRx program "are helpful," the groups state. However, they assert, "It is important to keep in mind that requiring reporting the year before the penalty program starts, not creating adequate exemption categories, and last-minute modifications create confusion and do not allow enough time to educate physicians on steps they need to take to avoid eRx penalties in 2012."

The joint letter also praises the CMS for considering electronic health-record systems certified for the Medicare and Medicaid health IT incentive payment programs as dually eligible for use in the Medicare e-prescribing program.

"This recognition is an example of the importance of synchronizing the overlapping eRx and EHR programs so that physicians do not have to purchase an eRx system just to avoid penalties and can invest in EHR technology that does more than just enable eRx," the letter states.