Jan, I did a bit of examination of the language in the 271 IG on the use of the MSG segment as well as the discussion in Section 1.3.10 on disclaimers. Here's my personal conclusions (and below I've inserted the relevant portions of the IG):
I don't think that a description of a benefit is a disclaimer, if you look at the dictionary definition of disclaimer. Furthermore, the MSG segment can occur up to 10 times in the 271. Thus, using it to provide free-form text description of the benefit itself doesn't, in my mind, constitute a disclaimer statement. But also note the requirement to provide codified information and if it's not possible to do so, submit a change request to X12N via the DSMO process so that you can provide codified information in the future. I would also ask if you're sure that it's not possible to provide a codifed description of the benefit you want to describe in free-form text. Not sure this helps you out a lot....just my thoughts. Rachel Foerster American Heritage Dictionary: disclaimer n. 1. A repudiation or denial of responsibility or connection. 2. Law. A renunciation of one's right or claim. Section 1.3.10 Disclaimers Within the Transactions The developers of this Implementation Guideline strongly discourage the transmission of a disclaimer as a part of the transaction. Any disclaimers necessary should be outlined in the agreement between trading partners. Under no circumstances should there be more than one disclaimer segment returned per individual response. 2. Under no circumstances can an information source use the MSG segment to relay information that can be sent using codified information in existing data elements. If the need exists to use the MSG segment, it is highly recommended that the entity needing to use the MSG segment approach X12N with data maintenance to solve the business need without the use of the MSG segment. 3. Benefit Disclaimers are strongly discouraged. See section 1.3.10 Disclaimers Within the Transaction. Under no circumstances are more than one MSG segment to be used for a Benefit Disclaimer per individual response. -----Original Message----- From: Murphy-Hole, Jan [mailto:[EMAIL PROTECTED]] Sent: Tuesday, July 02, 2002 4:24 PM To: '[EMAIL PROTECTED]' Cc: Rambaran, Sharmain; McCarter, Julie; DalPiaz, Laura; Douglass, Linda Subject: The Use of Disclaimers in HIPAA I have a general disclaimer definition question. I've searched the WEDI list serve and did not find the answer. The 270/271 implementation guide states that disclaimers are strongly discouraged and we are forbidden to use the MSG segment when the information can be codified. If we do use the MSG segment to issue a disclaimer, we are limited to using it once per response. Would a description of a benefit be considered a disclaimer? We have a benefit that cannot be coded so we may need to utilize the MSG segment to further explain the benefit. I am thinking of using the EB01 segment with code 'D' Benefit Description, along with the explanation in MSG01. The only other option I can find is to refer all inquiries to our customer service reps and obviously, we do not want to do that. Can the MSG segment be issued twice within the same response, once as a 'true' disclaimer and again as an explanation of a benefit? Thank you, Jan Murphy-Hole Sr. Business Analyst Great-West Life & Annuity EBIS-HIPAA 10T3 303-737-3439 email: [EMAIL PROTECTED] ********************************************************************** To be removed from this list, send a message to: [EMAIL PROTECTED] Please note that it may take up to 72 hours to process your request. ====================================================== The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. Posting of advertisements or other commercial use of this listserv is specifically prohibited. ********************************************************************** To be removed from this list, send a message to: [EMAIL PROTECTED] Please note that it may take up to 72 hours to process your request. ====================================================== The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. Posting of advertisements or other commercial use of this listserv is specifically prohibited.
