Dear Amanda:

In your message below, you ask the question, "Once a provider has submitted a 
transaction electronically to a payer, does the provider always have to send 
that transaction electronically?"

First, I would like to address that question, then pose another question:

1.  My understanding is that the rules do not contain any mandate on a 
provider to send or receive electronic transactions.  The only mandate is 
that, if it sends or receives electronic transactions, they must be standard, 
either directly or through a clearinghouse, or they must be through the DDE 
exception.   If this understanding is correct, a provider can elect to send 
and receive standard transactions with some plans and not others.  With any 
given plan, it may elect to send and receive only certain standard 
transactions and use paper or telephone for others.  With a single plan, it 
may chose to send or receive some but not all transactions of a given type.  
And the provider may go standard for some part of its business now and later 
change back to paper and telephone.

2.  The more interesting question is about the provider's status as a covered 
entity.  Can a provider undo its covered status by reverting to paper?  Once, 
after October 16, 2002, a provider transmits an electronic transaction 
covered by the Transaction Rules, it becomes a "covered entity".  Then, say, 
it reverts back entirely to paper.  But for privacy purposes, is it still a 
"covered entity"?  We note that, if a provider never sends an electronic 
transaction, it never becomes a covered entity.  But if it sends just one, 
did it touch the third rail, is it covered now forever?

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 10/1/2001 5:25:10 PM Central Daylight Time, 
[EMAIL PROTECTED] writes:

> Subj:  Once electronic, always electronic? 
>  Date:    10/1/2001 5:25:10 PM Central Daylight Time
>  From:    [EMAIL PROTECTED] (Amanda Dorsey)
>  Reply-to:    <A HREF="mailto:[EMAIL PROTECTED]";>[EMAIL PROTECTED]
</A>
>  To:  [EMAIL PROTECTED]
>  
>  I hope this is the appropriate group with whom we would share a lingering 
> question.   One of our assessment working groups has an ongoing debate on 
> whether  providers have a choice in their claims-submission method.  We 
have 
> two groups who interpret the regs two ways and one group that maintains 
this 
> isn't specifically addressed in the regs at all.  Our question is:  
>  
>  Once a provider has submitted a transaction electronically to a payer, 
does 
> the provider always have to send that transaction electronically?  
>  
>  We gratefully appreciate anyone's answer or thoughts on this question.  
>  
>  Regards,
>  Amanda 
>  


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