2012 will not, unfortunately, bring certainty to the many providers who submitted hardship exemption requests for the electronic prescribing incentive program (commonly called “eRx”). Although the deadline for submissions for hardship exemptions was extended (as is further described in our bulletin), recent emailed notices from CMS indicate that the overwhelming number of requests will prevent notices from being sent to providers regarding the status of their exemptions. Accordingly, many providers will spend at least part of 2012 uncertain whether they are or are not being penalized 1 percent of their 2012 Part B fees for their failure to become “successful electronic prescribers.”

CMS’s email, which was circulated shortly before the holidays, noted that “due to the high volume of significant hardship exemption requests received it is no longer technically feasible for CMS to provide a 2012 Electronic Prescribing (eRx) Incentive Program payment adjustment feedback report as originally intended.” It went on to note that CMS “continues to explore alternative means to notify eligible professionals that they are subject to the 2012 eRx payment adjustment…” and urged providers who had submitted exemption requests to “review your remittance advices for claims submitted for dates of services on or after Sunday, January 1, 2012” to determine whether or not their exemption request had been granted....