Del,
 
Thanks for challenging my statement on faxes.  I just double-checked my notes from that call, and they say that faxes are not covered, while agreeing with my other points.  I also did an e-mail history search, but I haven't been saving fax discussions, so what little I had wasn't especially informative.
 
I do think that I have heard someone from HHS make this point, but I can find nothing at the moment to support it, and could even cite an HHS TCS FAQ and a Dave Feinberg note that contradicts my statement.
 
This doesn't appear to affect the answer to Johnathan's question, but I would still like to clear it up.
 
Does anyone else recall seeing or hearing anything at least semi-official that suggested that a fax would ever be a covered transaction, under any circumstances?
 
 - Zon Owen -
(808)597-8493
----- Original Message -----
 
From: Del Texley
Sent: Tuesday, February 04, 2003 1:52 PM
Subject: Re: DDE Remittance
 
I have a real problem with this interpretation of fax transmissions. 
When a fax is sent, whether by computer or feeding paper through a
machine there is absolutely no way to know what answers the phone
on the other end, a computer or a fax machine.  How can the sender
have any idea what's on the other end?

All of the material I have seen from CMS to this point has stated that
fax transmissions are not considered an electronic transaction.  Has
CMS issued any official *written* documentation that supports the
statement you were given?

Del Texley
LIPA Information Systems
(541) 484 6430

> William,
>
> I have made this same argument in a WEDI SNIP discussion that included
> a representative from HHS, and he strongly disagreed with this
> interpretation.  His interpretation was that whether or not the
> information was structured or computer-interpretable was irrelevant.
> What was relevant was whether it was produced by a computer and was
> received by a computer.  I believe he explicitly noted that a pdf or a
> print image file would be covered in these circumstances.
>
> This would be similar to the way faxes are treated.  If you start with
> paper and feed it into a fax machine, it's not covered, while if you
> start with a computer and send a fax to another computer, it's
> covered, assuming that the purpose of the fax is to conduct one of the
> covered transactions.
>
---
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