Harry,
I would like some clarification on your comments. Are you saying the DOD is
suing X12 in reference to
HIPAA IG's? HIPAA is a federal mandate (law) regardless if the X12
guidelines have any
legal merit. I would appreciate any links to the DOD lawsuit.
Dave Frenkel
----- Original Message -----
From: Harry Steck <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Tuesday, January 23, 2001 7:08 PM
Subject: Re: HIPAA vs: Standard Implementation Usage Identifiers/Attribute
> A pearl from the mud slinging - an issue worth discussing on the list.
>
> William Kammerer said:
> "Jonathan fails to elaborate precisely what HIPAA does that is out of
> compliance with X12. Every valid HIPAA transaction set is also a valid
> X12 transaction set. A careful reading of Jonathan's statement reveals
> that he is merely saying their *implementation guide* is out of some
> kind of conformance with an obscure X12 Technical Report ("Compliance in
>
> X12" - X12C/99-197 - published in 1999).
>
> The HIPAA implementation guides fairly well describe valid X12
> transaction subsets. If the HIPAA IGs really are *wildly* out of
> compliance with this vaunted Technical Report, then perhaps there's
> something wrong with the latter and not with the HIPAA guides
> themselves."
>
> While part of what William says may be true, the fact of the matter
> reveals something deeper. One of Foresight's more well known customers,
> the Department of Defense, is in litigation over this type of issue -
> implementation compliance to something produced by X12. I don't know if
> it was a failure of EDISIM compliance checks or not, but I would guess
> that EDISIM's compliance checking for implementations is a case of "free
> advice" - and worth every penny (even though you pay for the tool).
> Jonathan does have a point in his rebuttal to William - every HIPAA
> transaction set may be a valid X12 transaction set, but not compliant
> with X12's definition of Compliance with X12. DOD is in litigation over
> compliance to X12 guidance on implementing the standards - that's a
> fact.
>
> Other members of this list may be better able to articulate the
> particulars of the litigation. What I do know is that X12 has been
> asked by the lawyers to make specific comments on the issues based on
> DoD's claim to be "X12 compliant". If they (X12) can't answer the
> question of what is compliant or not, in a concise way, then we all have
> potential legal troubles, including HIPAA. The answers may prove
> William right - the technical papers that X12 produces may not be worth
> the paper on which they are written.
>
> IMHO, we are in trouble in any case because X12 has yet to produce a
> test harness (test data) against which we can establish clearly whether
> or not a guideline is in compliance. But least X12 has produced as
> William calls it, " ..this vaunted Technical Report.." which is a start
> in the right direction. The other positive is at least one party is
> taking the issue of X12 compliance to court. I anxiously await the
> outcome - its implications for EDI and XML implementations may be far
> reaching (XML does have the same issue with DTDs/schemas in a true
> 'standards' based implementation environment). This litigation is
> "calling X12's bluff" if it is in fact a standards body or not.
>
> Has anyone else been legally challenged in court for claiming to use
> "X12 compliant" IGs? William, has Foresight been asked for comments in
> the DoD's case? Does anyone have any knowledge as to X12's position on
> its technical reports regarding this case?
>
> Ken Steel - I agree with your initial response to the mud slinging, but
> I think I've found a grain of merit to William and Jonathan's exchanges.
>
> Jonathan - you still didn't answer William's question on the particulars
> of HIPAA. If I were HIPAA, I'd want to know.
>
> Harry Steck, Maj., USAF (Ret) - not on the front lines any more!
>
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