Sherri,

I'd be interested in hearing what reasoning people are using to argue that
electronic claims submitted to Medicare by a small provider beginning in Oct
2003 wouldn't have to be HIPAA compliant.

I thought it was rather obvious to everyone that the electronic claims WOULD
have to be HIPAA compliant but I guess there's always a few folks who take
the opposite side of any discussion.

Tom Sadauskas, FHFMA, CHE, CPA
Northrop Grumman Information Technology
703-575-0119  Fax - 703-575-0215
[EMAIL PROTECTED]


-----Original Message-----
From: Sherri Gerhardt [mailto:[EMAIL PROTECTED]]
Sent: Thursday, October 10, 2002 2:35 PM
To: '[EMAIL PROTECTED]'
Subject: RE: FW: Small provider


Another angle of this response that I would like a reply to is that if a
small provider does choose to submit claims to Medicare electronically, must
they do so using a HIPAA compliant transaction? My thought is Yes, but I
have heard differing opinions.

Thank you!

-----Original Message-----
From: Herb Larsen [mailto:[EMAIL PROTECTED]]
Sent: Thursday, October 10, 2002 11:13 AM
To: '[EMAIL PROTECTED]'
Subject: RE: FW: Small provider


Patricia, thanks for the clarification.  Can you take a look at Kathy
Carlin's last question, regarding Medicare secondary claims, and provide
some insight into that scenario, as well? I would appreciate it! Thanks-

-----Original Message-----
From: Patricia Peyton [mailto:[EMAIL PROTECTED]]
Sent: Thursday, October 10, 2002 2:02 PM
To: [EMAIL PROTECTED]
Subject: Re: FW: Small provider


I work in HHS and would like to respond to this issue.

Here is the question:  If a small provider (one physician) has the
methodology to send claims electronically, do they have to send them
electronically to Medicare?  Right now, they send them via paper.

Here is the response:  They may continue to send paper.  The Administrative
Simplification Compliance Act (ASCA) prohibits Medicare from paying paper
claims received after October 16, 2003, except in certain situations.  Those
situations waive the requirement to submit electronic claims to Medicare
after October 16, 2003.  Those situations are:  the provider is a small
provider; the provider has no means to send claims electronically; other
situations that the Secretary may deem appropriate.  ASCA defines a small
provider as a provider of services with fewer than 25 full-time equivalent
employees, or a physician, practitioner, facility or supplier (other than a
provider of services) with fewer than 10 full-time equivalent employees.
There is no gross revenue figure attached to the definition of a small
provider in this legislation.  Because the provider in question is small by
the ASCA definition, it is waived from the requirement to submit Medicare
claims electronically.  If it has the means to submit electronic claims to
Medicare, it certainly may do so but that is not a requirement of this law.
A regulation will be published that will clarify this ASCA provision.  At
this time, any information needed by Medicare providers with respect to this
provision will be furnished to them by their Medicare carriers or fiscal
intermediaries.  These providers need take no action with regard to this
provision until they receive that information.



Patricia Peyton
HIPAA Project Staff
Centers for Medicare & Medicaid Services
7500 Security Boulevard
Baltimore, MD  21244-1850
(410) 786-1812

>>> [EMAIL PROTECTED] 10/10/02 01:36PM >>>
I asked this very similar question.  Below is the response I received.

Linda



-----Original Message-----
From:   AskHIPAA AskHIPAA [mailto:[EMAIL PROTECTED]] 
Sent:   Thursday, October 03, 2002 5:42 PM
To:     [EMAIL PROTECTED] 
Subject:        Re: Small provider

ASCA contains a provision which requires the electronic submission of
Medicare claims as of October 16, 2003.  However, ASCA provides for
exceptions to this requirement if the entity is considered "small".  ASCA
defines "small" as a provider of services who does not file electronic
claims, with fewer than 10 full time employees and who earns less than 5
million in gross revenue.  The Secretary in unusual cases and in situation
may also grant waivers where there is no method available for the submission
of claims in an electronic form.
There is nothing for you to do now.  HHS will be issuing guidance which will
provide further clarification on these provisions and will explain the
waiver applications process.  

>>> "Shemely, Linda" <[EMAIL PROTECTED]> 10/02/02 11:26AM >>>
If a small provider (one physician) has the methodology to send claims
electronically, do they have to send them electronically to Medicare?  Right
now, they send them via paper.


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