Ajay
Yes, this was discussed as well, and, for better or worse, X12 went the course that 
you are now very familiar with.  I was not deeply involved in that particular thread 
so I am not familiar with the details of it.

Jan

Ajay K sanghi wrote:

> Jan,
>
> Thanks a lot for the rationale. It's very interesting.
>
> What I find intriguing is that why wasn't the release of HIPAA guide changed
> from 004010X098 to 004011X098 and everything would have been fine. Given,
> all the exercise that was undertaken to include loop 2440, I think, simply
> changing the release to 004011X098 would not have delayed releasing the
> guide, since 4011 was (a) either already out or (b) it was already decided
> that loop 2440 will be present in 4011. Was this option discussed?
>
> Thanks and regards,
>
> Ajay
>
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of Jan Root
> Sent: Tuesday, April 23, 2002 11:47 PM
> To: [EMAIL PROTECTED]
> Subject: Re: The 2440 loop in the 837
>
> Ajay
> I can report somewhat on the rationale behind adding the 2440 loop to the
> 827 even though it is not in the 4010 standard.  The TG2 Co-Chairs or the
> Co-Chair of X12N may want to add additional comments.
>
> There were two considerations that led to the decision to violate the X12
> standards and include the 2440 loop.  I hope I can express both points
> clearly and politically correctly.  There are still some people who are very
> unhappy about this decision (quite understandably).  If I step on anyone's
> toes or get my facts skewampus, my apologies in advance.  It was a very
> complex discussion
> and I probably don't have everything exactly correct.
>
> Point One: X12 TG2 was under intense pressure to make the HIPAA
> implementation guides workable.  Of particular focus was the 837.  Medicare
> was on the brink of bringing their DMERC (durable medical equipment) claims
> into the EDI fold.   It is my understanding that they had been planning on
> this for several years (any Medicare folks out there please chime in if I've
> got the story
> wrong).  The 837 WG had made the appropriate condition statements to make
> DMERC claims work electronically for other aspects of DMERC claims.  We
> thought we'd completed our task.
>
> However, if I have learned anything in my years in health care EDI it is
> that health care is an incredibly complex industry.  Paying for an operation
> is just not the same as buying a car.  It is easy to think you've got all
> your bases covered only to discover, at the last hour (sometimes well after
> the last hour) that you do not.  Medicare (and, to be fair, several other
> payers)
> realized that there were several attachments that they required on their
> DMERC claims (other payers needed home health attachments).  Providers
> generally will not send electronic claims that have paper attachments.  So,
> in order to get DMERC (and home health) claims electronically it was
> presented as necessary to include that information in the claim.  We had
> hoped that the Attachments
> NPRM would have taken care of this, but by the time the 2440 loop was added,
> it was clear(er) that the Attachments NPRM was not going to be released in
> the immediate future.
>
> Unfortunately, there was no way, given the existing 837 structure, to
> include that information in the claim in an electronically readable format.
> So we were left with no X12 structure to meet a pressing business need.
>
> Second issue:  Being named in the TCS rule as the keeper of the transaction
> standard for the health care claim was an honor but it brought about an
> interesting dilemma for X12.  We found ourselves caught between the X12
> standard (one 'rock') and the Federal rules (another very, very hard place).
> The X12 standard has the force of the entire ANSI process behind it - no
> small thing.
> Federal rule, on the other hand, has the weight of federal law behind it -
> also nothing to lightly ignore.  X12 found itself caught between these two
> requirements.
>
> Throughout the X12 HIPAA-transaction writing process X12N/TG2 strove to
> adhere to the X12 standards.  It was not easy to do and there were many
> times (most times) when we choose to stick with the X12 standard and make a
> kind of kludgey solution to a problem rather than violate the standard.
> That was the predominant response when we found ourselves trying to make the
> guides workable,
> with no clear way within the standard to acomplish this.  You cannot change
> the X12 standards on a dime - it takes time - it is not unusual for it to
> take a year to make a change.  This is as it should be: changes to the
> standard should be thoroughally considered and not made quickly.  However,
> TG2 was in a (perceived) time crunch: we were being told that we had to
> finish the guides
> immediately (!) so that they could be published in the federal rule (the
> feds required completed guides so that they could publish the exact version
> of the guides in the rule).
>
> As I said, we did everything we could to not violate the X12 standard even
> when it meant some rather in-elegant solutions to business problems.
> However, with the DMERC and home health attachments issue, we were stumped.
> There did not appear to be any way within the 4010 standard to pass that
> information in the 837.
>
> Hindsight is always an interesting exercise.  Should TG2 have stuck to it's
> X12 guns and said "we will not violate our own standards - period" or should
> we have said "we'll make the guides functional for the industry"?  It was a
> painful and highly contested decision.  To say that the discussion was
> lively would be to make quite an understatement.  At the time, it received a
> lot of
> discussion within the X12/TG2 world.
>
> For better or worse, we took the route of making the guides functional for
> the industry as a whole.  In working with HHS to get these guides out, the
> functionality of the guides has always been a high priority.  I guess you
> could say that 'realism' (from an industry perspective) won out over
> 'purism'... was that a good thing to do?  Yes and no.  It is possible for
> Medicare and other
> payers to get their attachment information in an electronic claim (which has
> led to yet a whole other discussion regarding claims attachments and how
> best to handle them - stay tuned; that one's not over yet).  That is good.
> However, translators (and others) have to be aware that they need to be
> "HIPAA compliant" not just "X12 compliant".  That is a new requirement (for
> everyone) and
> it poses a challenge to an accepted way of doing business.  It poses a
> challenge to the entire concept of 'standard' ('the problem with standards
> is that we have so many of them'... ).  That is not good.
>
> However, we still have a standard: In this case we have a federal standard
> that is not exactly the same as the national standard but it is still an
> immense improvement over the 400+ known versions of NSF (not to mention
> implementations for all the other transactions.)
>
> Anyway, I hope this helps explain some of the rationale (and angst) behind
> the decision to add the 2440 loop.  I don't think this is 'news' to many
> translator vendors, certainly not the ones who attended X12 during the 2440
> loop discussions.  (My advice to my network users is to get a "HIPAA
> compliant" translator, not an "X12 complaint" translator.  HIPAA is a
> federal law afterall and
> people seem to be ok with this advice.)  It may illustrate (again) the need
> for companies to get involved at X12 and not just assume that everything
> will go as expected.  Sometimes there are very difficult decisions to make
> and, even if you don't agree with the outcome, if you were there, you can at
> least vote.
>
> Jan Root
>
> Ajay K sanghi wrote:
>
> > I wonder the rationale behind it. If I am not mistaken, the FRM segment in
> > the 2440 loop is not even in the 4010 standard!
> >
> > Ajay
> >
> > -----Original Message-----
> > From: [EMAIL PROTECTED]
> > [mailto:[EMAIL PROTECTED]]On Behalf Of Christopher J. Feahr,
> > OD
> > Sent: Tuesday, April 23, 2002 3:40 AM
> > To: [EMAIL PROTECTED]; [EMAIL PROTECTED]
> > Subject: The 2440 loop in the 837
> >
> > YIKES!! I had no idea that the 2440 loop ("additional supporting
> > information") was not in the underlying X12 standard.  Vision is "eyeing"
> > (excuse the pun) this loop to provide additional identifying information
> > about eyewear products.  (perhaps this explains some of the controversy
> > around this useful-looking part of the claim)
> >
> > -Chris
> >
> > At 10:11 AM 4/22/02 -0400, William J. Kammerer wrote:
> > >Hey!  I have one for you all!  Take a look at the 837 Professional IG
> > >(004010X098) - it uses a loop (2440) at the end of the transaction which
> > >IS NOT in the underlying 004010 standard! What would you do in this
> > >case?  Send back a negative 997 indicating an X12 syntax error if the
> > >2440 loop were actually used? See if you can make hay with that!!
> >
> > Christopher J. Feahr, OD
> > http://visiondatastandard.org
> > [EMAIL PROTECTED]
> > Cell/Pager: 707-529-2268
> >
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