In response to provider complaints regarding its web-interface, CMS has extended the deadline to electronically file hardship exemption requests from the 2012 payment adjustment of the eRx Incentive Program (the “Program”). In a statement on a CMS website devoted to the payment adjustments, CMS explained, “The Communication Support Page will remain available for eligible professionals to submit their 2012 eRx Payment Adjustment Significant Hardship Exemption Request until November 8, 2011 at 11:59:59 PM EST.” It is through the Communication Support Page (“CSP”) and only through the CSP that individual eligible professionals (as opposed to group practices) may file electronic requests for exemption from the pending 2012 “payment adjustment” (a 1% decrease in all 2012 Part B professional services paid under the Medicare Fee Schedule). “Eligible Professionals” who are subject to the requirements of the eRx Program and who failed to qualify as “successful electronic prescribers” by June 30, 2011 should immediately take steps to assess, and, as necessary, request a hardship exemption from the 2012 payment adjustments.

The eRx Program follows a “carrot and stick” structure. The Medicare Improvements for Patients and Providers Act of 2008 (MIPPA), Pub. L. 110-275, authorized eRx. In 2009, CMS promulgated regulations implementing the eRx program, which (first) offers incentive payments to providers that are “successful electronic prescribers” using “qualified” eRx technology. For providers that are successful electronic prescribers during the 2011 reporting period, for instance, the eRx program offered an incentive of 1% of the provider’s estimated Medicare Part B allowed charges for professional services furnished during the year.