IMPORTANT UPDATE: On March 13, 2015, Governor Cuomo signed a one-year extension of the e-prescribing mandate that will require all prescriptions to be submitted electronically. The mandate will now go into effect on March 27, 2016. For more information, please click here.
Some physicians are asking New York State officials to extend the deadline for mandatory electronic medication prescribing (e-prescribing). Currently, the new state regulation is scheduled to take effect on March 27, 2015. This requirement affects all medication prescribers, including physicians and dentists, as well as all medications. Physicians’ EHR systems must be certified by the DEA to e-prescribe controlled substances. Many physicians and facilities are concerned that they will be unable to comply with the deadline of March 27, since numerous electronic medical record systems have not yet been certified by the DEA. There are also concerns regarding the waiver process for physicians who are near retirement and/or write prescriptions infrequently. MSSNY has information on its website regarding how to prepare for this deadline.
Click here for more information from MSSNY’s e-newsletter.
Click here to read more details from our blog.
In response to our blog post, we have had a few MLMIC-insured physicians ask whether they will be required to comply with this law if they are planning to retire in the near future.
There is a provision in the law that allows practitioners to apply for a waiver. A waiver may be issued by the Commissioner of the Health Department based upon a practitioner demonstrating that his or her ability to issue an electronic prescription in accordance with the law is unduly burdened by:
(a) economic hardship;
(b) technological limitations that are not reasonably within the control of the practitioner; or
(c) other exceptional circumstance demonstrated by the practitioner.
As of this date, the Department of Health (DOH) has yet to issue a form for practitioners who wish to request a waiver from these requirements. It is not clear whether a planned retirement will be grounds for a waiver. DOH is suggesting that practitioners continue to monitor their website https://www.health.ny.gov/professionals/narcotic/ for updates on when the form will become available. Alternatively, practitioners may call the New York State Department of Health’s Bureau of Narcotic Enforcement at 866-811-7957 to have their names placed on a mailing list for the waiver application.