CMS, in its June 1^st rule, added exemption categories to their e-prescribing penalty program in an effort to avoid unfair penalties to physicians who fail to meet the program requirements.

Physicians will still be required to e-prescribe using a qualifying system and report code G8553 code on at least 10 Medicare Part B claims from Jan. 1 through June 30, 2011, to avoid the 2012 e-prescribing penalty.  However, physicians can attest on-line, by October 1, 2011, if they meet one of the following criteria to qualify for an exemption:

• The physician’s practice is located in a rural area without high speed Internet access
• The physician’s practice is located in an area without sufficient available pharmacies for electronic prescribing
• The physician is registered to participate in the Medicare or Medicaid HER Incentive Program and has adopted certified EHR technology
• The physician is unable to electronically prescribe due to local, state, or federal law or regulations (e.g., he or she prescribes controlled substances)
• The physician prescribes infrequently (e.g., fewer than 10 times between Jan. 1 and June 30)
• There are insufficient opportunities to report the e-prescribing measure due to program limitations

The CMS rule can be reviewed by clicking here.  CMS is accepting comments until July 25, 2011.