Return to Previous Page

E-Prescribing Update: File for Hardship Exemption by June 30 to Avoid Penalties

By News Staff

EHRs-Doc using electronic device
Physicians who provide health care services to Medicare beneficiaries but who are not yet successfully prescribing electronically have until June 30 to request a significant hardship exemption that would exclude them from the 2013 penalty related to CMS' electronic prescribing (e-prescribing) incentive program.
In a recent edition of MLN Matters (7-page PDF; About PDFs), CMS reiterated that it could exempt individual eligible physicians and group practices from the 2013 payment adjustment "if it is determined that compliance with the requirement for being a successful electronic prescriber would result in a significant hardship."

Physicians can apply for a hardship exemption if they
  • are unable to e-prescribe because of local, state or federal regulations;
  • experience limited prescribing activity;
  • have insufficient opportunity in their practice setting to use the required CPT codes;
  • practice in rural areas with limited high-speed Internet access; or
  • work in areas where few pharmacies have implemented e-prescribing.
Steven Waldren, M.D., director of the AAFP's Center for Health IT, noted that physicians who were not able to demonstrate their e-prescribing capabilities by June 2011 already are experiencing a 1 percent reduction in their 2012 Medicare payments.

To avoid receiving the 2013 penalty -- a 1.5 decrease in Medicare payment -- physicians have until June 30 to either request an exemption or report the "G" 8553 code signifying e-prescribing for at least 10 billable Medicare Part B services provided between Jan. 1, 2012, and June 30, 2012.

"For each penalty year, physicians must demonstrate that they are e-prescribing by June 30 of the prior year," said Waldren.

He encouraged family physicians who qualify for a hardship exemption to apply for one in a timely manner. However, he also urged physicians who have the capacity to e-prescribe to give the technology a try.

"The Academy has gotten good feedback from members about the benefits of e-prescribing," said Waldren. For example, family physicians who prescribe electronically appreciate the speed and safety the technology provides.

Waldren pointed out that physicians still have plenty of time to embrace e-prescribing and prevent a reduction in their Medicare payments in 2014, when the penalty assessed will equal a 2 percent pay cut for covered Medicare professional services.

Although there is no formal appeal or review process for physicians who have been assessed the e-prescribing penalty in 2012, CMS urges physicians with questions about their individual situations to e-mail the QualityNet Help Desk or call (866) 288-8912 Monday through Friday from 7 a.m. to 7 p.m. CDT.

According to CMS sources, all questions about e-prescribing penalty payment adjustments and hardship exemption decisions will be handled on a case-by-case basis.