Two E-Prescribing Developments May Boost Usage

Two new developments in electronic prescribing may ease the way for physicians to adopt or more completely utilize e-prescribing in their practices.

Currently, physicians who e-prescribe are still required to hand-write prescriptions for controlled substances or scheduled drugs, due to the lack of an existing federal standard for electronic signatures. (There is an existing standard for e-signatures in Massachusetts, but controlled and scheduled drugs fall under the purview of federal authority.) In June, however, the Drug Enforcement Administration (DEA) proposed new regulations for public comment that could make e-prescribing of such drugs possible.

A number of security controls contained in the proposed rule could alter the liability associated with e-prescribing. Physicians would be required to register in person with law-enforcement agencies, and routine audits would be performed by as-yet unnamed third parties. Pharmacists would be required to keep electronic records of prescriptions and notify the DEA within 24 hours of a security breach. Other provisions include penalties for physicians who do not promptly report to the DEA the theft of e-prescribing tools or systems.

In addition, Medicare incentives for e-prescribing were included in recent federal legislation. Contained in this measure are 2 percent incentives for Medicare-participating physicians who e-prescribe starting in 2009. The bonus drops to 1 percent in 2011, and to 0.5 percent in 2013. Conversely, physicians who do not e-prescribe will have their payments reduced by 1 percent in 2012, 1.5 percent in 2013, and 2 percent in subsequent years.

– Adam Shlager