Terry, 

I disagree.  "Not used" means don't  use it.  If there is data in a "not used" field, 
it is not a HIPAA compliant transaction and it probably would not even pass a syntax 
exit.

>From the text of the final rule page 50368 please note (c):

� 162.915 Trading partner agreements.
A covered entity must not enter into
a trading partner agreement that would
do any of the following:
(a) Change the definition, data
condition, or use of a data element or
segment in a standard.
(b) Add any data elements or
segments to the maximum defined data
set.
(c) Use any code or data elements that
are either marked ''not used'' in the
standard's implementation specification
or are not in the standard's
implementation specification(s).
(d) Change the meaning or intent of
the standard's implementation
specification(s).

CJ
--------------------------------------------------------
C.J. Major
Consultant - Comsys, Inc.
Arizona Department of Health Services
Division of Behavioral Health Services
[EMAIL PROTECTED]
T. 602.553.9082
F. 602.553.9141
--------------------------------------------------------


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