This is just my opinion, but it seems clear to me that this is in violation
of the spirit (and heart and soul) of the guideline and is probably in
violation of the 'letter of the guideline.' Claim notes are not meant to
contain
information that is available elsewhere in the transaction. I have run into
several
similar issues in reviewing Payer Companion Guides. 

-----Original Message-----
From: Kerry Zajicek [mailto:[EMAIL PROTECTED]
Sent: Friday, February 28, 2003 6:36 PM
To: WEDI SNIP Testing Subworkgroup List
Subject: RE: Payers and Optional Fields - Another Example


Looking for thoughts on a similar situation........

We've been informed of the following billing requirement, when sending a
claim with more than 2 modifiers the provider must put the modifier '99' and
the entire modifier list in the situational NTE Claim Note segment in L2300.
Based on the IG notes for this segment (below) it seems to me that this is
in violation of the guide requirements, or am I missing something?

Notes: 

1. Information in the NTE segment in Loop ID-2300 applies to the entire
claim unless overridden by information in the NTE segment in Loop ID-2400.
Information is considered to be overridden when the value in
NTE01 in Loop ID-2400 is the same as the value in NTE01 in Loop ID-2300.

The developers of this implementation guide discourage using
narrative information within the 837. Trading partners who require
narrative information with claims are encouraged to codify that
information within the ASC X12 environment.

2. Required when: (1) State regulations mandate information not
identified elsewhere within the claim set; or (2) in the opinion of the
provider, the information is needed to substantiate the medical
treatment and is not supported elsewhere within the claim data set.    

Have others run into a similar requirement and how was it handled?

Thanks

Kerry D. Zajicek
EDI  - Claims 
Epic Systems Corporation
5301 Tokay Boulevard
Madison,  WI  53711
[EMAIL PROTECTED]
(608) 271-9000Kerry     


 -----Original Message-----
From:   Kepa Zubeldia [mailto:[EMAIL PROTECTED] 
Sent:   Friday, February 28, 2003 2:55 PM
To:     WEDI SNIP Testing Subworkgroup List
Subject:        Re: Payers and Optional Fields

John,

>From what I have seen, most of these situations result from a poor 
understanding of the IG.  I would recommend that the provider tries to work 
with the payer to resolve it.  Only if the payer is willfully and knowingly 
in violation of the guide requirements  and does not want to work with the 
provider in addressing the problem, then the provider will have to complain 
to CMS as a last resort.  For example, if the payer wants to receive all the

dates with slashes in them, as in "02/28/2003" and will not accept dates any

other way.  That would be pretty blatant violation.  But, even then, I would

recommend the provider to take the dialog route first, and leave the 
litigation route as a last last last resort.

Just my opinion, of course.  It may not reflect my employer's opinion.

Kepa Zubeldia
Claredi




On Friday 28 February 2003 10:37 am, John Craft wrote:
> What would anyone suggest a provider do if they feel a payer "will not
> accept something that is valid in the guide, or that they require
something
> the guide does not require (including situational requirements)."? My
> experience tells me that most providers will 'cave' to the payer demand,
> either because they just don't know enough about the standard or so they
can
> get paid, thereby eroding the standard. Should the provider file a
complaint
> to CMS stating they believe the payer is non-compliant with the data
element
> standards defined in the guides? What else can we do to make sure the
> 'theory' of true standardization will be come 'reality' in October?
> 
> John Craft
> Partner, HCS
> 334-396-0833
> 
> -----Original Message-----
> From: Kepa Zubeldia [mailto:[EMAIL PROTECTED] 
> Sent: Friday, February 28, 2003 9:06 AM
> To: WEDI SNIP Testing Subworkgroup List
> Subject: Re: Payers and Optional Fields
> 
> 
> Miriam,
> 
> The content of the transaction is under the control of the submitter as
long
> 
> as the submitter is complying with the implementation guide.  The theory
is 
> that a payer cannot say that they will not "accept" something that is
valid 
> in the guide, or that they "require" something the guide does not require 
> (including situational requirements). That is the HIPAA theory.
> 
> The reality, at least today, is different.  Will the reality change after 
> October 16?  Maybe...  But as of today, a payer that has filed for the
ASCA 
> extension, or small health plans that did not need to file for the ASCA 
> extension, do not need to be compliant with HIPAA yet, so they can 
> superimpose their own requirements.  Perhaps that will change in October.
> At 
> least it "should" change. Or is it "must" change? :-)
> 
> As for the Taxonomy code, if the payer says "I need the taxonomy code
> because 
> it impacts my adjudication system" then the provider MUST send it because 
> that is what the implementation guides (Addenda) now require.
> 
> Kepa Zubeldia
> Claredi
> 
> 
> 
> 
> On Friday 28 February 2003 07:08 am, Miriam Paramore wrote:
> > This is probably the 100th time this has been asked... but bear with 
> > me.
> > 
> > Can a payer mandate that a provider put a certain value in an optional 
> > field?  Unisys has stated that it is requiring the taxonomy code in an 
> > optional field, and will not pay the claim unless that optional field 
> > is present.
> > 
> > I think this flies in the face of all things HIPAA standard.  Isn't 
> > that type of payer behavior expressly prohibited?  Still, other payers 
> > felt that they could get by with such a mandate as a "business rule" 
> > between trading partners.  Sounds like the dog is still getting 
> > wagged. Best Regards,
> > 
> > Miriam J. Paramore
> > President & CEO
> > PCI: e-commerce for healthcare
> > 9001 Shelbyville Road
> > iTRC Building
> > Louisville, KY 40222
> > 502-429-8555
> > www.hipaasurvival.com ===========================================
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> > 
> > 
> > 
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