Dear Larry:

To add to this interesting discussion, if Payer A in your example treats 
Provider X better because of the extra data, would not Payer A be in 
violation of 162.925(a)(2) for discriminating against Provider Y who sends 
standard transactions?

Peter

Peter Barry
Peter T Barry Company
Ozaukee Bank Building
1425 West Mequon Road
Mequon Wisconsin 53092
(414) 732 5000 (national cell)
[EMAIL PROTECTED]
------------------------------
In a message dated 9/25/2001 8:02:53 AM Central Daylight Time, 
[EMAIL PROTECTED] writes:

> Subj:  RE: 4010 Transaction vs. HIPAA Compliance
>  Date:    9/25/2001 8:02:53 AM Central Daylight Time
>  From:    [EMAIL PROTECTED] (Larry Watkins)
>  Reply-to:    <A HREF="mailto:[EMAIL PROTECTED]";>[EMAIL PROTECTED]
</A>
>  To:  [EMAIL PROTECTED]
>  
>  While I see Terry's point on the spirit of this, what he is describing is
>  more like the 'Optional' data usage that is widely used today.  It goes
>  something like this:
>  
>  Payer A receives claims from Provider X and Provider Y.  Provider X sends
>  data that is marked 'not used'.  Provider Y does not.  For some reason,
>  Provider X gets paid more, or differently, or something.  Provider Y asks
>  Payer A, "Why did you pay me differently than Provider X?"  Payer A
>  responds, "Well, I received this data from Provider X that is marked 'not
>  used'.  I don't require this data, but when I have it I adjudicate
>  differently.  If you'd like, you can also send this data."  In this
>  scenario, Provider Y will choose to also use the 'not used' element because
>  he understands that he must to get paid appropriately.  Suddenly, Payer A
>  is, in a sense, requiring the 'not used' element in certain situations to
>  give providers what they want.
>  
>  The end result of this is non-standard use of the standard.  We're back to
>  needing to know the individual, proprietary rules of each payer in order to
>  handle transactions.  It also raises some questions.  When I send data that
>  is 'not used', will the 'traits' (i.e., definition, valid values, length,
>  etc.) be standard?  Will we not just end up with different 'requirements'
>  for different trading partners?
>  
>  What Payer A needs to do in the scenario above is find a way to get the
>  information using the standard implementation, or work to have a change 
made
>  to the standard.  This concept of eliminating 'optional' as a data usage is
>  new to the industry.  I understand how inflexible it seems, but I believe 
it
>  is the intent of HIPAA.
>  
>  Hope this helps,
>  Larry
>  
>  
>  -----Original Message-----
>  From: [EMAIL PROTECTED]
>  [mailto:[EMAIL PROTECTED]]
>  Sent: Tuesday, September 25, 2001 7:43 AM
>  To: [EMAIL PROTECTED]
>  Subject: Re: 4010 Transaction vs. HIPAA Compliance
>  
>  
>  I disagree. I believe if the field is marked "Not Used" you are not
>  required to use it. I don't think that is grounds for rejection. If data is
>  sent that is the prerogative of the sender, not using the data is the
>  prerogative of the receiver.
>  The receiver does not have to use, edit or scan the field. To just reject
>  the claim would not be in the true spirit of HIPAA.
>  
>  Thank you,
>  
>  
>  Terry Christensen
>  
>  
>  [ IS Administration Simplification EDI
>  
>  
>  Telelphone: (402)351-6370
>  
>  
>  Fax: (402)351-8025
>  
>  
>  e-mail: [EMAIL PROTECTED]
>  
>  
>  
>                      Jan Root
>                      <janroot@uhin        To:     [EMAIL PROTECTED]
>                      .com>                cc:
>                                           Subject:     Re: 4010 Transaction
>  vs. HIPAA
>                      09/24/2001           Compliance
>                      08:26 AM
>                      Please
>                      respond to
>                      transactions
>  
>  
>  
>  
>  
>  
>  Chris
>  The short answer to your question is that if an element/segment/loop is
>  marked
>  "Not Used' then it is NOT USED.  If a provider is sending you a HIPAA 4010
>  837
>  with marital status data then you can reject it as a non-HIPAA-compliant
>  transaction.  This is sort of what having a national standard is all about:
>  everyone doing it the same way.  This way you know what to spend your
>  limited
>  resources on: building a field for marital status on an incoming HIPAA 837
>  is a
>  waste of your resources.
>  
>  Anyway, that's my non-official, non-legal opinion!
>  
>  j
>  
>  "Graff, Chris" wrote:
>  
>  > Hello all.  We are working on a HIPAA data store and claims processing
>  > application.  There is a question that has been plaguing our minds here.
>  >
>  > If you look at the 4010X098 or 4010X096 manuals, there are many fields
>  that
>  > state "Not Used."  Because these fields are not used, I was under the
>  > assumption that we should not store this data.  For the majority of these
>  > fields, this is a no-brainer.  Some of the NM1 loops specifically can
>  hold
>  > information that would never pertain to certain entities within the loop.
>  > For instance, there is no reason to keep track of NM111(Entity
>  Identifier's)
>  > for the submitter loop.
>  >
>  > Some pieces of data, however, seem to be elements that providers or
>  payers
>  > may be keeping track of at the moment.  One in particular that we found
>  was
>  > the marital status element, which is on a normal UB-92(locator 16), but
>  is
>  > listed as not used in the 4010X096 manual.  Once we found this difference
>  a
>  > number of different questions came up.
>  >
>  > 1.  Do we accommodate for this field because it is on the form, and there
>  > might be a chance that this particular data element might be passed
>  through
>  > our processing system?
>  >
>  > 2.  If we accommodate for this field, does that make us not HIPAA
>  compliant
>  > because we have claims running through the system that contain non-HIPAA
>  > compliant data?
>  >
>  > 3.  Should we just accommodate all the possible fields that could appear
>  on
>  > a 4010 even though it states in the manuals that they are specifically
>  not
>  > used?  Once again would we then be not compliant if we did?
>  >
>  > Any thoughts on these questions would be greatly appreciated.
>  >
>  > Thank you,
>  >
>  > Chris Graff
>  > United Wisconsin Proservices
>  > (414)226-6022
>  > 800-822-8050  x6022
>  > [EMAIL PROTECTED]


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