98-11691. Health Insurance Reform: Standards for Electronic Transactions  

  • [Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
    [Proposed Rules]
    [Pages 25272-25320]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-11691]
    
    
    
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    Part II
    
    
    
    
    
    Department of Health and Human Services
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Health Care Financing Administration
    
    
    
    _______________________________________________________________________
    
    
    
    45 CFR Part 142
    
    
    
    Health Insurance Reform: Standards for Electronic Transactions; 
    National Standard Health Care Provider Identifier; Proposed Rules
    
    Federal Register / Vol. 63, No. 88 / Thursday, May 7, 1998 / Proposed 
    Rules
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Office of the Secretary
    
    45 CFR Part 142
    
    [HCFA-0149-P]
    RIN 0938-AI58
    
    
    Health Insurance Reform: Standards for Electronic Transactions
    
    AGENCY: Health Care Financing Administration (HCFA), HHS.
    
    ACTION: Proposed rule.
    
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    SUMMARY: This rule proposes standards for eight electronic transactions 
    and for code sets to be used in those transactions. It also proposes 
    requirements concerning the use of these standards by health plans, 
    health care clearinghouses, and health care providers.
        The use of these standard transactions and code sets would improve 
    the Medicare and Medicaid programs and other Federal health programs 
    and private health programs, and the effectiveness and efficiency of 
    the health care industry in general, by simplifying the administration 
    of the system and enabling the efficient electronic transmission of 
    certain health information. It would implement some of the requirements 
    of Administrative Simplification subtitle of the Health Insurance 
    Portability and Accountability Act of 1996.
    
    DATES: Comments will be considered if we receive them at the 
    appropriate address, as provided below, no later than 5 p.m. on July 6, 
    1998.
    
    ADDRESSES: Mail written comments (1 original and 3 copies) to the 
    following address:
    
    Health Care Financing Administration, U.S. Department of Health and 
    Human Services, Attention: HCFA-0149-P, P.O. Box 31850, Baltimore, MD 
    21207-8850.
    
        If you prefer, you may deliver your written comments (1 original 
    and 3 copies) to one of the following addresses:
    
    Room 309-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., 
    Washington, DC 20201,
        or
    Room C5-09-26, 7500 Security Boulevard, Baltimore, MD 21244-1850.
    
        Comments may also be submitted electronically to the following e-
    mail address: transact@osaspe.dhhs.gov. E-mail comments should include 
    the full name and address of the sender and must be submitted to the 
    referenced address to be considered. All comments should be 
    incorporated in the e-mail message because we may not be able to access 
    attachments. Electronically submitted comments will be available for 
    public inspection at the Independence Avenue address below.
        Because of staffing and resource limitations, we cannot accept 
    comments by facsimile (FAX) transmission. In commenting, please refer 
    to file code HCFA-0149-P and the specific section of this proposed 
    rule. Comments received timely will be available for public inspection 
    as they are received, generally beginning approximately 3 weeks after 
    publication of a document, in Room 309-G of the Department's offices at 
    200 Independence Avenue, SW., Washington, DC, on Monday through Friday 
    of each week from 8:30 a.m. to 5 p.m. (phone: (202) 690-7890). 
    Electronic and legible written comments will also be posted, along with 
    this proposed rule, at the following web site: http://aspe.os.dhhs.gov/
    admnsimp.
        Copies: To order copies of the Federal Register containing this 
    document, send your request to: New Orders, Superintendent of 
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    of the issue requested and enclose a check or money order payable to 
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        This Federal Register document is also available from the Federal 
    Register online database through GPO Access, a service of the U.S. 
    Government Printing Office. Free public access is available on a Wide 
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    asynchronous dial-in. Internet users can access the database by using 
    the World Wide Web; the Superintendent of Documents home page address 
    is
    http://www.access.gpo.gov/su__docs/, by using local WAIS client 
    software, or by telnet to swais.access.gpo.gov, then login as guest (no 
    password required). Dial-in users should use communications software 
    and modem to call 202-512-1661; type swais, then login as guest (no 
    password required).
    
    FOR FURTHER INFORMATION CONTACT:
    
    Pat Brooks, (410) 786-5318, for medical diagnosis, procedure, and 
    clinical code sets.
    Joy Glass, (410) 786-6125, for the following transactions: Health 
    claims or equivalent encounter information; health care payment and 
    remittance advice; coordination of benefits; and health care claim 
    status.
    Marilyn Abramovitz, (410) 786-5939, for the following transactions: 
    Enrollment and disenrollment in a health plan; eligibility for a health 
    plan; health plan premium payments; and referral certification and 
    authorization.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
    [Please label written or e-mailed comments about this section with 
    the subject: Background]
    
        Electronic data interchange (EDI) is the electronic transfer of 
    information, such as electronic media health care claims, in a standard 
    format between trading partners. EDI allows entities within the health 
    care system to exchange medical, billing, and other information and 
    process transactions in a manner which is fast and cost effective. With 
    EDI there is a substantial reduction in handling and process time, and 
    the risk of lost paper documents is eliminated. EDI can eliminate the 
    inefficiencies of handling paper documents, which will significantly 
    reduce the administrative burden, lower operating costs and improve 
    overall data quality.
        The health care industry recognizes the benefits of EDI and many 
    entities in that industry have developed proprietary EDI formats. 
    Currently, there are about 400 formats for electronic health care 
    claims being used in the United States. The lack of standardization 
    makes it difficult to develop software, and the efficiencies and 
    savings for health care providers and health plans that could be 
    realized if formats were standardized are diminished.
        Adopting national standard EDI formats for health care transactions 
    would greatly decrease the burden on health care providers and their 
    billing services, as would standardized data content. Standard EDI 
    format allows data interchange using a common interchange structure, 
    thus eliminating the need for users to reprogram their data processing 
    systems for multiple formats. Standardization of the data content 
    within the interchange structure involves: (1) Uniform definitions of 
    the data elements that will be exchanged in each type of electronic 
    transaction, and
    
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    (2) for some data elements, identification of the specific codes or 
    values that are valid for each data element. The code sets needed for 
    EDI in the health care industry include large coding and classification 
    systems for medical diagnoses, procedures, and drugs, as well as 
    smaller sets of codes for such items as types of facility, types of 
    currency, types of units, and specified State within the United States. 
    Standardized data content is essential to accurate and efficient EDI 
    between the many producers and users of administrative health data 
    transactions.
    
    A. Legislation
    
        The Congress included provisions to address the need for electronic 
    transactions and other administrative simplification issues in the 
    Health Insurance Portability and Accountability Act of 1996 (HIPAA), 
    Public Law 104-191, which was enacted on August 21, 1996. Through 
    subtitle F of title II of that law, the Congress added to title XI of 
    the Social Security Act a new part C, entitled ``Administrative 
    Simplification.'' (Public Law 104-191 affects several titles in the 
    United States Code. Hereafter, we refer to the Social Security Act as 
    the Act; we refer to the other laws cited in this document by their 
    names.) The purpose of this part is to improve the Medicare and 
    Medicaid programs in particular and the efficiency and effectiveness of 
    the health care system in general by encouraging the development of a 
    health information system through the establishment of standards and 
    requirements to facilitate the electronic transmission of certain 
    health information.
        Part C of title XI consists of sections 1171 through 1179 of the 
    Act. These sections define various terms and impose several 
    requirements on HHS, health plans, health care clearinghouses, and 
    certain health care providers concerning the electronic transmission of 
    health information.
        The first section, section 1171 of the Act, establishes definitions 
    for purposes of part C of title XI for the following terms: code set, 
    health care clearinghouse, health care provider, health information, 
    health plan, individually identifiable health information, standard, 
    and standard setting organization.
        Section 1172 of the Act makes any standard adopted under part C 
    applicable to (1) all health plans, (2) all health care clearinghouses, 
    and (3) any health care providers that transmit any health information 
    in electronic form in connection with transactions referred to in 
    section 1173(a)(1) of the Act.
        This section also contains requirements concerning standard 
    setting.
         The Secretary may adopt a standard developed, adopted, or 
    modified by a standard setting organization (that is, an organization 
    accredited by the American National Standards Institute (ANSI)) that 
    has consulted with the National Uniform Billing Committee (NUBC), the 
    National Uniform Claim Committee (NUCC), the Workgroup for Electronic 
    Data Interchange (WEDI), and the American Dental Association (ADA).
         The Secretary may also adopt a standard other than one 
    established by a standard setting organization, if the different 
    standard will reduce costs for health care providers and health plans, 
    the different standard is promulgated through negotiated rulemaking 
    procedures, and the Secretary consults with each of the above-named 
    groups.
         If no standard has been adopted by any standard setting 
    organization, the Secretary is to rely on the recommendations of the 
    National Committee on Vital and Health Statistics (NCVHS) and consult 
    with the above-named groups.
        In complying with the requirements of part C of title XI, the 
    Secretary must rely on the recommendations of the NCVHS, consult with 
    appropriate State, Federal, and private agencies or organizations, and 
    publish the recommendations of the NCVHS in the Federal Register.
        Paragraph (a) of section 1173 of the Act requires that the 
    Secretary adopt standards for financial and administrative 
    transactions, and data elements for those transactions, to enable 
    health information to be exchanged electronically. Standards are 
    required for the following transactions: health claims, health 
    encounter information, health claims attachments, health plan 
    enrollments and disenrollments, health plan eligibility, health care 
    payment and remittance advice, health plan premium payments, first 
    report of injury, health claim status, and referral certification and 
    authorization. In addition, the Secretary is required to adopt 
    standards for any other financial and administrative transactions that 
    are determined to be appropriate by the Secretary.
        Paragraph (b) of section 1173 of the Act requires the Secretary to 
    adopt standards for unique health identifiers for all individuals, 
    employers, health plans, and health care providers and requires further 
    that the adopted standards specify for what purposes unique health 
    identifiers may be used.
        Paragraphs (c) through (f) of section 1173 of the Act require the 
    Secretary to establish standards for code sets for each data element 
    for each health care transaction listed above, security standards for 
    health care information systems, standards for electronic signatures 
    (established together with the Secretary of Commerce), and standards 
    for the transmission of data elements needed for the coordination of 
    benefits and sequential processing of claims. Compliance with 
    electronic signature standards will be deemed to satisfy both State and 
    Federal requirements for written signatures with respect to the 
    transactions listed in paragraph (a) of section 1173 of the Act.
        In section 1174 of the Act, the Secretary is required to adopt 
    standards for all of the above transactions, except claims attachments, 
    within 24 months after enactment. The standards for claims attachments 
    must be adopted within 30 months after enactment. Generally, after a 
    standard is established it cannot be changed during the first year 
    except for changes that are necessary to permit compliance with the 
    standard. Modifications to any of these standards may be made after the 
    first year, but not more frequently than once every 12 months. The 
    Secretary must also ensure that procedures exist for the routine 
    maintenance, testing, enhancement, and expansion of code sets and that 
    there are crosswalks from prior versions.
        Section 1175 of the Act prohibits health plans from refusing to 
    process or delaying the processing of a transaction that is presented 
    in standard format. The Act's requirements are not limited to health 
    plans, however; instead, each person to whom a standard or 
    implementation specification applies is required to comply with the 
    standard within 24 months (or 36 months for small health plans) of its 
    adoption. A plan or person may, of course, comply voluntarily before 
    the effective date. A person may comply by using a health care 
    clearinghouse to transmit or receive the standard transactions. 
    Compliance with modifications to standards or implementation 
    specifications must be accomplished by a date designated by the 
    Secretary. This date may not be earlier than 180 days after the notice 
    of change.
        Section 1176 of the Act establishes a civil monetary penalty for 
    violation of the provisions in part C of title XI of the Act, subject 
    to several limitations. Penalties may not be more than $100 per person 
    per violation and not more than $25,000 per person per violation of a 
    single standard for a calendar year. The procedural provisions in 
    section 1128A of the Act, ``Civil Monetary Penalties,'' are applicable.
    
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        Section 1177 of the Act establishes penalties for a knowing misuse 
    of unique health identifiers and individually identifiable health 
    information: (1) A fine of not more than $50,000 and/or imprisonment of 
    not more than 1 year; (2) if misuse is ``under false pretenses,'' a 
    fine of not more than $100,000 and/or imprisonment of not more than 5 
    years; and (3) if misuse is with intent to sell, transfer, or use 
    individually identifiable health information for commercial advantage, 
    personal gain, or malicious harm, a fine of not more than $250,000 and/
    or imprisonment of not more than 10 years.
        Under section 1178 of the Act, the provisions of part C of title XI 
    of the Act, as well as any standards established under them, supersede 
    any State law that is contrary to them. However, the Secretary may, for 
    statutorily specified reasons, waive this provision.
        Finally, section 1179 of the Act makes the above provisions 
    inapplicable to financial institutions or anyone acting on behalf of a 
    financial institution when ``authorizing, processing, clearing, 
    settling, billing, transferring, reconciling, or collecting payments 
    for a financial institution''.
        (Concerning this last provision, the conference report, in its 
    discussion on section 1178, states:
    
        ``The conferees do not intend to exclude the activities of 
    financial institutions or their contractors from compliance with the 
    standards adopted under this part if such activities would be 
    subject to this part. However, conferees intend that this part does 
    not apply to use or disclosure of information when an individual 
    utilizes a payment system to make a payment for, or related to, 
    health plan premiums or health care. For example, the exchange of 
    information between participants in a credit card system in 
    connection with processing a credit card payment for health care 
    would not be covered by this part. Similarly sending a checking 
    account statement to an account holder who uses a credit or debit 
    card to pay for health care services, would not be covered by this 
    part. However, this part does apply if a company clears health care 
    claims, the health care claims activities remain subject to the 
    requirements of this part.'')
    
    (H.R. Rep. No. 736, 104th Cong., 2nd Sess. 268-269 (1996))
    
    B. Process for Developing National Standards
    
        The Secretary has formulated a 5-part strategy for developing and 
    implementing the standards mandated under part C of title XI of the 
    Act:
        1. To ensure necessary interagency coordination and required 
    interaction with other Federal departments and the private sector, 
    establish interdepartmental implementation teams to identify and assess 
    potential standards for adoption. The subject matter of the teams 
    includes claims/encounters, identifiers, enrollment/eligibility, 
    systems security, and medical coding/classification. Another team 
    addresses cross-cutting issues and coordinates the subject matter 
    teams. The teams consult with external groups such as the NCVHS'' 
    Workgroup on Data Standards, WEDI, ANSI's Healthcare Informatics 
    Standards Board (HISB), the NUCC, the NUBC, and the ADA. The teams are 
    charged with developing regulations and other necessary documents and 
    making recommendations for the various standards to the HHS'' Data 
    Council through its Committee on Health Data Standards. (The HHS Data 
    Council is the focal point for consideration of data policy issues. It 
    reports directly to the Secretary and advises the Secretary on data 
    standards and privacy issues.)
        2. Develop recommendations for standards to be adopted.
        3. Publish proposed rules in the Federal Register describing the 
    standards. Each proposed rule provides the public with a 60-day comment 
    period.
        4. Analyze public comments and publish the final rules in the 
    Federal Register.
        5. Distribute standards and coordinate preparation and distribution 
    of implementation guides.
        This strategy affords many opportunities for involvement of 
    interested and affected parties in standards development and adoption 
    by enabling them to:
         Participate with standards setting organizations.
         Provide written input to the NCVHS.
         Provide written input to the Secretary of the HHS.
         Provide testimony at NCVHS' public meetings.
         Comment on the proposed rules for each of the proposed 
    standards.
         Invite HHS staff to meetings with public and private 
    sector organizations or meet directly with senior HHS staff involved in 
    the implementation process.
        The implementation teams charged with reviewing standards for 
    designation as required national standards under the statute have 
    defined, with significant input from the health care industry, a set of 
    principles for guiding choices for the standards to be adopted by the 
    Secretary. These principles are based on direct specifications in HIPAA 
    and the purpose of the law, principles that support the regulatory 
    philosophy set forth in Executive Order 12866 and the Paperwork 
    Reduction Act of 1995. To be designated as an HIPAA standard, each 
    standard should:
        1. Improve the efficiency and effectiveness of the health care 
    system by leading to cost reductions for or improvements in benefits 
    from electronic health care transactions.
        2. Meet the needs of the health data standards user community, 
    particularly health care providers, health plans, and health care 
    clearinghouses.
        3. Be consistent and uniform with the other HIPAA standards--their 
    data element definitions and codes and their privacy and security 
    requirements--and, secondarily, with other private and public sector 
    health data standards.
        4. Have low additional development and implementation costs 
    relative to the benefits of using the standard.
        5. Be supported by an ANSI-accredited standards developing 
    organization or other private or public organization that will ensure 
    continuity and efficient updating of the standard over time.
        6. Have timely development, testing, implementation, and updating 
    procedures to achieve administrative simplification benefits faster.
        7. Be technologically independent of the computer platforms and 
    transmission protocols used in electronic health transactions, except 
    when they are explicitly part of the standard.
        8. Be precise and unambiguous, but as simple as possible.
        9. Keep data collection and paperwork burdens on users as low as is 
    feasible.
        10. Incorporate flexibility to adapt more easily to changes in the 
    health care infrastructure (such as new services, organizations, and 
    provider types) and information technology.
        A master data dictionary providing for common data definitions 
    across the standards selected for implementation under HIPAA will be 
    developed and maintained. We intend for the data element definitions to 
    be precise, unambiguous, and consistently applied. The transaction-
    specific reports and general reports from the master data dictionary 
    will be readily available to the public. At a minimum, the information 
    presented will include data element names, definitions, and appropriate 
    references to the transactions where they are used.
    
    C. ANSI-Accredited Standards Committee Standard Setting Process
    
        ANSI chartered the X12 Accredited Standards Committee (ASC) a 
    number of years ago to design national electronic
    
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    standards for a wide range of business applications. A separate ASC 
    X12N Subcommittee was in turn chartered to develop electronic standards 
    specific to the insurance industry, including health care insurance. 
    Volunteer members of the ASC X12N Subcommittee, including health care 
    providers, health plans, bankers, and vendors involved in software 
    development/billing/transmission of health care data and other business 
    aspects of health care administrative activities, worked to develop 
    standards for electronic health care transactions. ANSI accredits 
    standards setting organizations to ensure that the procedures used meet 
    certain due process requirements and that the process is voluntary, 
    open, and based on obtaining consensus. Both Accredited Standards 
    Committee (ASC) X12 and the National Council for Prescription Drug 
    Programs (NCPDP) are ANSI-accredited standards developers.
        Each of the two standards setting organizations has written 
    procedures for the establishment of, and revisions to, established 
    standards. All of the X12 Subcommittee N: Insurance (to which we refer 
    hereafter as X12N) standard implementations mentioned in this 
    regulation are ASC X12 standards and are published under the 
    designation ``Draft Standard for Trial Use (DSTU)''. These standards 
    are fully accepted and published national standards for use in 
    electronic data exchanges. The DSTU designation is used to distinguish 
    ASC X12 standards from those standards that have been forwarded to the 
    American National Standards Institute for acceptance as American 
    National Standards. ASC X12 creates a family of standards that are 
    related and therefore only forwards standards to ANSI every five years. 
    Although the official designation of X12 standards includes the word 
    ``Draft'', these standards are final, published national standards.
        The ASC X12 development process involves negotiation and consensus 
    building, resulting in approval and publication of DSTU and American 
    National Standards. The ASC X12 committee maintains current standards, 
    proposes new standards and embraces new ideas.
        The ASC X12N Subcommittee is the decision-making body responsible 
    for obtaining consensus, which is necessary for approval of American 
    National Standards in the field of insurance. The ASC X12N Subcommittee 
    has the responsibility for specific standards development and standards 
    maintenance activities, but its work must be ratified by the membership 
    of ASC X12 as a whole.
        Members of the ASC X12 committee are eligible to vote on ASC X12N 
    issues. ASC X12N votes technical issues by letter ballot. 
    Administrative issues may be voted by letter ballot or at general 
    sessions during ASC X12N meetings.
        The NCPDP Telecommunication Standard 3.2 specifies the rules 
    regarding the creation of a new version and release. The NCPDP 
    standards development process involves additions of new data elements 
    or additional values to existing data elements. Updated documentation 
    of existing or new data elements and a new version is created with 
    changes to: (1) The definition of an existing data element, (2) 
    deletions of values of an existing data element, (3) deletions of 
    existing data elements, (4) major structural changes to the formats, 
    (5) changes in the size of data elements, or (6) changes in the formats 
    of data elements.
        These rules were confirmed by the Board of Trustees in June, 1995 
    and ensure that the health plan explicitly knows which Data Dictionary 
    to apply to the transaction when processing the claim. Likewise, the 
    pharmacy needs to know what are the acceptable fields in the response 
    returned from the health plan.
        In addition, the Telecommunication Standard Format Version/Release 
    changes anytime there is an approved change to the Professional 
    Pharmacy Services (PPS) standard, Drug Utilization Review (DUR) 
    standard, Billing Unit standard or to the data elements for the claim 
    itself.
        All NCPDP implementation guides must be reviewed and approved by 
    the Maintenance and Control Work Group prior to release to the 
    membership. All proposed standards will have an implementation guide 
    developed and approved prior to the proposed standard being balloted. 
    Once balloted, the originating committee may work with individual 
    disapproval votes to accommodate their concerns and convert their votes 
    to approval. If the changes made to accommodate disapproval votes are 
    considered substantial, then the item under consideration must be 
    balloted again.
        After the originating group has reviewed all comments received 
    during the letter ballot period, the Co-Chairs of the originating group 
    make a written request to the Board of Trustees for the ballot results 
    collected from the Standardization Co-chairs and the Board of 
    Directors. The Board of Trustees retains final authority over the 
    certification of these ballot results.
        Two types of code sets are required for data elements in ASC X12N 
    and NCPDP health transaction standards: (1) Large coding and 
    classification systems for medical data elements (for example, 
    diagnoses, procedures, and drugs), and (2) smaller sets of codes for 
    data elements such as type of facility, type of units, and specified 
    State within address fields. Federal agencies (NCHS, HCFA, FDA) and 
    some private organizations (the AMA and the ADA) have developed and 
    maintained standards for large medical data code sets. In the past, 
    these code sets have been mandated for use in some Federal and State 
    programs, such as Medicare and Medicaid, and the ASC X12N and NCPDP 
    standards setting organizations have adopted these code sets for use in 
    their standards. For the smaller sets of codes needed for various 
    transaction data elements they have designated other de facto 
    standards, such as the 2-character state abbreviations used by the U.S. 
    Postal Service, or developed code sets specifically for their 
    transaction standards.
        This proposed rule would establish the standards for code sets to 
    be used in seven of the transactions specified in section 1173(a)(2) of 
    the Act, and for a transaction for coordination of benefits. We 
    anticipate publishing several regulations documents altogether to 
    promulgate the various standards required under the HIPAA. The other 
    proposed regulations cover security standards, the seventh and ninth 
    transactions specified in the Act (first report of injury and claims 
    attachments), and the four identifiers.
    
    II. Provisions of the Proposed Regulations
    
    [Please label written comments or e-mailed comments about this 
    section with the subject: Provisions]
    
        In this proposed rule, we propose standards for eight transactions 
    and for code sets to be used in the transactions. We also propose 
    requirements concerning the implementation of these standards. This 
    proposed rule would set forth requirements that health plans, health 
    care clearinghouses, and certain health care providers would have to 
    meet concerning the use of these standards.
        We propose to add a new part to title 45 of the Code of Federal 
    Regulations for health plans, health care providers, and health care 
    clearinghouses in general. The new part would be part 142 of title 45 
    and would be titled ``Administrative Requirements.'' Subparts J through 
    R would contain the provisions specifically concerning the standards 
    proposed in this rule.
    
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    A. Applicability
    
        Section 262 of HIPAA applies to all health plans, all health care 
    clearinghouses, and any health care providers that transmit any health 
    information in electronic form in connection with transactions referred 
    to in section 1173(a)(1) of the Act. Our proposed rules (at 45 CFR 
    142.102) would apply to the health plans and health care clearinghouses 
    as well, but we would clarify the statutory language in our regulations 
    for health care providers: we would have the regulations apply to any 
    health care provider only when electronically transmitting any of the 
    transactions to which section 1173(a)(1) of the Act refers.
        Electronic transmissions would include transmissions using all 
    media, even when the transmission is physically moved from one location 
    to another using magnetic tape, disk, or CD media. Transmissions over 
    the Internet (wide-open), Extranet (using Internet technology to link a 
    business with information only accessible to collaborating parties), 
    leased lines, dial-up lines, and private networks are all included. 
    Telephone voice response and ``faxback'' systems would not be included.
        Our regulations would apply to health care clearinghouses when 
    transmitting transactions to, and receiving transactions from, any 
    health care provider or health plan that transmits and receives 
    standard transactions (as defined under ``transaction'') and at all 
    times when transmitting to or receiving transactions from another 
    health care clearinghouse.
        Entities that offer on-line interactive transmission must comply 
    with the standards. The HyperText Markup Language (HTML) interaction 
    between a server and a browser by which the data elements of a 
    transaction are solicited from a user would not have to use the 
    standards, although the data content must be equal to that required for 
    the standard. Once the data elements are assembled into a transaction 
    by the server, the transmitted transaction would have to comply with 
    the standards.
        The law would apply to each health care provider when transmitting 
    or receiving any of the specified electronic transactions. Transactions 
    for certain services that are not normally considered health care 
    services, but which may be covered by some health plans, would not be 
    subject to the standards proposed in this rule. These services would 
    include, but not be limited to: nonemergency transportation, physical 
    alterations to living quarters for the purpose of accommodating 
    disabilities, and case management. Other services may be added to this 
    list at the discretion of the Secretary.
        We invite comments on this list and ask for identification of other 
    types of services that may fall into this category. We will publish a 
    complete list of these services and a process to request an exemption 
    in the final rule.
        The law applies to health plans for all transactions.
        Section 142.104 would contain the following provisions (from 
    section 1175 of the Act):
        If a person conducts a transaction (as defined in Sec. 142.103) 
    with a health plan as a standard transaction, the following apply:
        (1) The health plan may not refuse to conduct the transaction as a 
    standard transaction.
        (2) The health plan may not delay the transaction or otherwise 
    adversely affect, or attempt to adversely affect, the person or the 
    transaction on the ground that the transaction is a standard 
    transaction.
        (3) The information transmitted and received in connection with the 
    transaction must be in the form of standard data elements of health 
    information.
        As a further requirement, we would provide that a health plan that 
    conducts transactions through an agent assure that the agent meets all 
    the requirements of part 142 that apply to the health plan.
        Section 142.105 would state that a person or other entity may meet 
    the requirements of Sec. 142.104 by either--
        (1) Transmitting and receiving standard data elements, or
        (2) Submitting nonstandard data elements to a health care 
    clearinghouse for processing into standard data elements and 
    transmission by the health care clearinghouse and receiving standard 
    data elements through the health care clearinghouse.
        Health care clearinghouses would be able to accept nonstandard 
    transactions for the sole purpose of translating them into standard 
    transactions for sending customers and would be able to accept standard 
    transactions and translate them into nonstandard formats for receiving 
    customers. We would state in Sec. 142.105 that the transmission of 
    nonstandard transactions, under contract, between a health plan or a 
    health care provider and a health care clearinghouse would not violate 
    the law.
        Transmissions within a corporate entity would not be required to 
    comply with the standards. A hospital that is wholly owned by a managed 
    care company would not have to use the standards to pass encounter 
    information back to the home office, but it would have to use the 
    standard claims transaction to submit a claim to another health plan. 
    Another example might be transactions within Federal agencies and their 
    contractors and between State agencies within the same State. For 
    example, Medicare enters into contracts with insurance companies and 
    common working file sites that process Medicare claims using government 
    furnished software. There is constant communication, on a private 
    network, between HCFA Central Office and the Medicare carriers, 
    intermediaries and common working file sites. This communication may 
    continue in nonstandard mode. However, these contractors must comply 
    with the standards when exchanging any of the transactions covered by 
    HIPAA with an entity outside these ``corporate'' boundaries.
        Although there are situations in which the use of the standards is 
    not required (for example, health care providers may continue to submit 
    paper claims and employers are not required to use any of the standard 
    transactions), we stress that a standard may be used voluntarily in any 
    situation in which it is not required.
    
    B. Definitions
    
        Section 1171 of the Act defines several terms and our proposed 
    rules would, for the most part, simply restate the law. The terms that 
    we are defining in this proposed rule follow:
        1. ASC X12 stands for the Accredited Standards Committee chartered 
    by the American National Standards Institute to design national 
    electronic standards for a wide range of business applications.
        2. ASC X12N stands for the ASC X12 subcommittee chartered to 
    develop electronic standards specific to the insurance industry.
        3. Code set.
        We would define ``code set'' as section 1171(1) of the Act does: 
    ``code set'' means any set of codes used for encoding data elements, 
    such as tables of terms, medical concepts, medical diagnosis codes, or 
    medical procedure codes.
        4. Health care clearinghouse.
        We would define ``health care clearinghouse'' as section 1171(2) of 
    the Act does, but we are adding a further, clarifying sentence. The 
    statute defines a ``health care clearinghouse'' as a public or private 
    entity that processes or facilitates the processing of nonstandard data 
    elements of health information into standard data elements. We would
    
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    further explain that such an entity is one that currently receives 
    health care transactions from health care providers and other entities, 
    translates the data from a given format into one acceptable to the 
    intended recipient, and forwards the processed transaction to 
    appropriate health plans and other health care clearinghouses, as 
    necessary, for further action.
        There are currently a number of private clearinghouses that perform 
    these functions for health care providers. For purposes of this rule, 
    we would consider billing services, repricing companies, community 
    health management information systems or community health information 
    systems, value-added networks, and switches performing these functions 
    to be health care clearinghouses.
        5. Health care provider.
        As defined by section 1171(3) of the Act, a ``health care 
    provider'' is a provider of services as defined in section 1861(u) of 
    the Act, a provider of medical or other health services as defined in 
    section 1861(s) of the Act, and any other person who furnishes health 
    care services or supplies. Our regulations would define ``health care 
    provider'' as the statute does and clarify that the definition of a 
    health care provider is limited to those entities that furnish, or bill 
    and are paid for, health care services in the normal course of 
    business.
        For a more detailed discussion of the definition of health care 
    provider, we refer the reader to our proposed rule, HCFA-0045-P, 
    Standard Health Care Provider Identifier, published elsewhere in this 
    Federal Register.
        6. Health information.
        ``Health information,'' as defined in section 1171 of the Act, 
    means any information, whether oral or recorded in any form or medium, 
    that--
         Is created or received by a health care provider, health 
    plan, public health authority, employer, life insurer, school or 
    university, or health care clearinghouse; and
         Relates to the past, present, or future physical or mental 
    health or condition of an individual, the provision of health care to 
    an individual, or the past, present, or future payment for the 
    provision of health care to an individual.
        We propose the same definition for our regulations.
        7. Health plan.
        We propose that a ``health plan'' be defined essentially as section 
    1171 of the Act defines it. Section 1171 of the Act cross refers to 
    definitions in section 2791 of the Public Health Service Act (as added 
    by Public Law 104-191, 42 U.S.C. 300gg-91); we would incorporate those 
    definitions as currently stated into our proposed definitions for the 
    convenience of the public. We note that many of these terms are defined 
    in other statutes, such as the Employee Retirement Income Security Act 
    of 1974 (ERISA), Public Law 93-406, 29 U.S.C. 1002(7) and the Public 
    Health Service Act. Our definitions are based on the roles of plans in 
    conducting administrative transactions, and any differences should not 
    be construed to affect other statutes.
        For purposes of implementing the provisions of administrative 
    simplification, a ``health plan'' would be an individual or group 
    health plan that provides, or pays the cost of, medical care. This 
    definition includes, but is not limited to, the 13 types of plans 
    listed in the statute. On the other hand, plans such as property and 
    casualty insurance plans and workers compensation plans, which may pay 
    health care costs in the course of administering nonhealth care 
    benefits, are not considered to be health plans in the proposed 
    definition of health plan. Of course, these plans may voluntarily adopt 
    these standards for their own business needs. At some future time, the 
    Congress may choose to expressly include some or all of these plans in 
    the list of health plans that must comply with the standards.
        Health plans often carry out their business functions through 
    agents, such as plan administrators (including third party 
    administrators), entities that are under ``administrative services 
    only'' (ASO) contracts, claims processors, and fiscal agents. These 
    agents may or may not be health plans in their own right; for example, 
    a health plan may act as another health plan's agent as another line of 
    business. As stated earlier, a health plan that conducts HIPAA 
    transactions through an agent is required to assure that the agent 
    meets all HIPAA requirements that apply to the plan itself.
        ``Health plan'' includes the following, singly or in combination:
        a. ``Group health plan'' (as currently defined by section 2791(a) 
    of the Public Health Service Act). A group health plan is a plan that 
    has 50 or more participants (as the term ``participant'' is currently 
    defined by section 3(7) of ERISA) or is administered by an entity other 
    than the employer that established and maintains the plan. This 
    definition includes both insured and self-insured plans. We define 
    ``participant'' separately below.
        Section 2791(a)(1) of the Public Health Service Act defines ``group 
    health plan'' as an employee welfare benefit plan (as currently defined 
    in section 3(1) of ERISA) to the extent that the plan provides medical 
    care, including items and services paid for as medical care, to 
    employees or their dependents directly or through insurance, or 
    otherwise.
        It should be noted that group health plans that have fewer than 50 
    participants and that are administered by the employer would be 
    excluded from this definition and would not be subject to the 
    administrative simplification provisions of HIPAA.
        b. ``Health insurance issuer'' (as currently defined by section 
    2791(b) of the Public Health Service Act).
        Section 2791(b)(2) of the Public Health Service Act currently 
    defines a ``health insurance issuer'' as an insurance company, 
    insurance service, or insurance organization that is licensed to engage 
    in the business of insurance in a State and is subject to State law 
    that regulates insurance.
        c. ``Health maintenance organization'' (as currently defined by 
    section 2791(b) of the Public Health Service Act).
        Section 2791(b) of the Public Health Service Act currently defines 
    a ``health maintenance organization'' as a Federally qualified health 
    maintenance organization, an organization recognized as such under 
    State law, or a similar organization regulated for solvency under State 
    law in the same manner and to the same extent as such a health 
    maintenance organization. These organizations may include preferred 
    provider organizations, provider sponsored organizations, independent 
    practice associations, competitive medical plans, exclusive provider 
    organizations, and foundations for medical care.
        d. Part A or Part B of the Medicare program (title XVIII of the 
    Act).
        e. The Medicaid program (title XIX of the Act).
        f. A ``Medicare supplemental policy'' as defined under section 
    1882(g)(1) of the Act.
        Section 1882(g)(1) of the Act defines a ``Medicare supplemental 
    policy'' as a health insurance policy that a private entity offers a 
    Medicare beneficiary to provide payment for expenses incurred for 
    services and items that are not reimbursed by Medicare because of 
    deductible, coinsurance, or other limitations under Medicare. The 
    statutory definition of a Medicare supplemental policy excludes a 
    number of plans that are generally considered to be Medicare 
    supplemental plans, such as health plans for employees and former 
    employees and for members and former members of trade associations and 
    unions. A number of these health plans may be included under the
    
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    definitions of ``group health plan'' or ``health insurance issuer'', as 
    defined in a. and b. above.
        g. A ``long-term care policy,'' including a nursing home fixed-
    indemnity policy. A ``long-term care policy'' is considered to be a 
    health plan regardless of how comprehensive it is. We recognize the 
    long-term care insurance segment of the industry is largely unautomated 
    and we welcome comments regarding the impact of HIPAA on the long-term 
    care segment.
        h. An employee welfare benefit plan or any other arrangement that 
    is established or maintained for the purpose of offering or providing 
    health benefits to the employees of two or more employers. This 
    includes plans and other arrangements that are referred to as multiple 
    employer welfare arrangements (``MEWAs'') as defined in section 3(40) 
    of ERISA.
        i. The health care program for active military personnel under 
    title 10 of the United States Code.
        j. The veterans health care program under chapter 17 of title 38 of 
    the United States Code.
        This health plan primarily furnishes medical care through hospitals 
    and clinics administered by the Department of Veterans Affairs for 
    veterans with a service-connected disability that is compensable. 
    Veterans with non-service-connected disabilities (and no other health 
    benefit plan) may receive health care under this health plan to the 
    extent resources and facilities are available.
        k. The Civilian Health and Medical Program of the Uniformed 
    Services (CHAMPUS), as defined in 10 U.S.C. 1072(4).
        CHAMPUS primarily covers services furnished by civilian medical 
    providers to dependents of active duty members of the uniformed 
    services and retirees and their dependents under age 65.
        l. The Indian Health Service program under the Indian Health Care 
    Improvement Act (25 U.S.C. 1601 et seq.).
        This program furnishes services, generally through its own health 
    care providers, primarily to persons who are eligible to receive 
    services because they are of American Indian or Alaskan Native descent.
        m. The Federal Employees Health Benefits Program under 5 U.S.C. 
    chapter 89.
        This program consists of health insurance plans offered to active 
    and retired Federal employees and their dependents. Depending on the 
    health plan, the services may be furnished on a fee-for-service basis 
    or through a health maintenance organization.
    
        Note: Although section 1171(5)(M) of the Act refers to the 
    ``Federal Employees Health Benefit Plan,'' this and any other rules 
    adopting administrative simplification standards will use the 
    correct name, the Federal Employees Health Benefits Program. One 
    health plan does not cover all Federal employees; there are over 350 
    health plans that provide health benefits coverage to Federal 
    employees, retirees, and their eligible family members. Therefore, 
    we will use the correct name, the Federal Employees Health Benefits 
    Program, to make clear that the administrative simplification 
    standards apply to all health plans that participate in the Program.
    
        n. Any other individual or group health plan, or combination 
    thereof, that provides or pays for the cost of medical care.
        We would include a fourteenth category of health plan in addition 
    to those specifically named in HIPAA, as there are health plans that do 
    not readily fit into the other categories but whose major purpose is 
    providing health benefits. The Secretary would determine which of these 
    plans are health plans for purposes of title II of HIPAA. This category 
    would include the Medicare Plus Choice plans that will become available 
    as a result of section 1855 of the Act as amended by section 4001 of 
    the Balanced Budget Act of 1997 (Pub. L. 105-33) to the extent that 
    these health plans do not fall under any other category.
        8. Medical care.
        ``Medical care,'' which is used in the definition of health plan, 
    would be defined as current section 2791 of the Public Health Service 
    Act defines it: the diagnosis, cure, mitigation, treatment, or 
    prevention of disease, or amounts paid for the purpose of affecting any 
    body structure or function of the body; amounts paid for transportation 
    primarily for and essential to these items; and amounts paid for 
    insurance covering the items and the transportation specified in this 
    definition.
        9. Participant.
        We would define the term ``participant'' as section 3(7) of ERISA 
    currently defines it: a ``participant'' is any employee or former 
    employee of an employer, or any member or former member of an employee 
    organization, who is or may become eligible to receive a benefit of any 
    type from an employee benefit plan that covers employees of such an 
    employer or members of such organizations, or whose beneficiaries may 
    be eligible to receive any such benefits. An ``employee'' would include 
    an individual who is treated as an employee under section 401(c)(1) of 
    the Internal Revenue Code of 1986 (26 U.S.C. 401(c)(1)).
        10. Small health plan.
        We would define a ``small health plan'' as a group health plan with 
    fewer than 50 participants.
        The HIPAA does not define a ``small health plan'' but instead 
    leaves the definition to be determined by the Secretary. The Conference 
    Report suggests that the appropriate definition of a ``small health 
    plan'' is found in current section 2791(a) of the Public Health Service 
    Act, which is a group health plan with fewer than 50 participants. We 
    would also define small individual health plans as those with fewer 
    than 50 participants.
        11. Standard.
        Section 1171 of the Act defines ``standard,'' when used with 
    reference to a data element of health information or a transaction 
    referred to in section 1173(a)(1) of the Act, as any such data element 
    or transaction that meets each of the standards and implementation 
    specifications adopted or established by the Secretary with respect to 
    the data element or transaction under sections 1172 through 1174 of the 
    Act.
        Under our definition, a standard would be a set of rules for a set 
    of codes, data elements, transactions, or identifiers promulgated 
    either by an organization accredited by ANSI or the HHS for the 
    electronic transmission of health information.
        12. Transaction.
        ``Transaction'' would mean the exchange of information between two 
    parties to carry out financial and administrative activities related to 
    health care. A transaction would be (a) any of the transactions listed 
    in section 1173(a)(2) of the Act and (b) any determined appropriate by 
    the Secretary in accordance with section 1173(a)(1)(B) of the Act. We 
    present them below in the order in which we propose standards for them 
    in the regulations text.
        A ``transaction'' would mean any of the following:
        a. Health claims or equivalent encounter information.
        This transaction may be used to submit health care claim billing 
    information, encounter information, or both, from health care providers 
    to health plans, either directly or via intermediary billers and claims 
    clearinghouses.
        b. Health care payment and remittance advice.
        This transaction may be used by a health plan to make a payment to 
    a financial institution for a health care provider (sending payment 
    only), to send an explanation of benefits or a remittance advice 
    directly to a health care provider (sending data only), or to
    
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    make payment and send an explanation of benefits remittance advice to a 
    health care provider via a financial institution (sending both payment 
    and data).
        c. Coordination of benefits.
        This transaction can be used to transmit health care claims and 
    billing payment information between health plans with different payment 
    responsibilities where coordination of benefits is required or between 
    health plans and regulatory agencies to monitor the rendering, billing, 
    and/or payment of health care services within a specific health care/
    insurance industry segment.
        In addition to the nine electronic transactions specified in 
    section 1173(a)(2) of the Act, section 1173(f) directs the Secretary to 
    adopt standards for transferring standard data elements among health 
    plans for coordination of benefits and sequential processing of claims. 
    This particular provision does not state that there should be standards 
    for electronic transfer of standard data elements among health plans. 
    However, we believe that the Congress, when writing this provision, 
    intended for these standards to apply to the electronic form for 
    coordination of benefits and sequential processing of claims. The 
    Congress expressed its intent on these matters generally in section 
    1173(a)(1)(B), where the Secretary is directed to adopt ``other 
    financial and administrative transactions * * * consistent with the 
    goals of improving the operation of the health care system and reducing 
    administrative costs.''
        d. Health claim status.
        This transaction may be used by health care providers and 
    recipients of health care products or services (or their authorized 
    agents) to request the status of a health care claim or encounter from 
    a health plan.
        e. Enrollment and disenrollment in a health plan.
        This transaction may be used to establish communication between the 
    sponsor of a health benefit and the health plan. It provides enrollment 
    data, such as subscriber and dependents, employer information, and 
    health care provider information. The sponsor is the backer of the 
    coverage, benefit or product. A sponsor can be an employer, union, 
    government agency, association, or insurance company. The health plan 
    refers to an entity that pays claims, administers the insurance product 
    or benefit, or both.
        f. Eligibility for a health plan.
        This transaction may be used to inquire about the eligibility, 
    coverage, or benefits associated with a benefit plan, employer, plan 
    sponsor, subscriber, or a dependent under the subscriber's policy. It 
    also can be used to communicate information about or changes to 
    eligibility, coverage, or benefits from information sources (such as 
    insurers, sponsors, and health plans) to information receivers (such as 
    physicians, hospitals, third party administrators, and government 
    agencies).
        g. Health plan premium payments.
        This transaction may be used by, for example, employers, employees, 
    unions, and associations to make and keep track of payments of health 
    plan premiums to their health insurers.
        h. Referral certification and authorization.
        This transaction may be used to transmit health care service 
    referral information between health care providers, health care 
    providers furnishing services, and health plans. It can also be used to 
    obtain authorization for certain health care services from a health 
    plan.
        i. First report of injury.
        This transaction may be used to report information pertaining to an 
    injury, illness, or incident to entities interested in the information 
    for statistical, legal, claims, and risk management processing 
    requirements. Although we are proposing a definition for this 
    transaction, we are not proposing a standard for it in this Federal 
    Register document. (See section E.9 for a more in-depth discussion.) We 
    will publish a separate proposed rule for it.
        j. Health claims attachments.
        This transaction may be used to transmit health care service 
    information, such as subscriber, patient, demographic, diagnosis, or 
    treatment data for the purpose of a request for review, certification, 
    notification, or reporting the outcome of a health care services 
    review. Although we are proposing a definition for this transaction, we 
    are not proposing a standard for it in this Federal Register document 
    because the legislation gave the Secretary an additional year to 
    designate this standard. We will publish a separate proposed rule for 
    it.
        k. Other transactions as the Secretary may prescribe by regulation.
        Under section 1173(a)(1)(B) of the Act, the Secretary shall adopt 
    standards, and data elements for those standards, for other financial 
    and administrative transactions deemed appropriate by the Secretary. 
    These transactions would be consistent with the goals of improving the 
    operation of the health care system and reducing administrative costs.
    
    C. Effective Dates--General
    
        Health plans would be required by Part 142 to comply with our 
    requirements as follows:
        1. Each health plan that is not a small health plan would have to 
    comply with the requirements of Part 142 no later than 24 months after 
    the effective date of the final rule.
        2. Each small health plan would have to comply with the 
    requirements of Part 142 no later than 36 months after the effective 
    date of the final rule.
        Health care providers and health care clearinghouses would be 
    required to begin using the standard by 24 months after the effective 
    date of the final rule.
        (The effective date of the final rule will be 60 days after the 
    final rule is published in the Federal Register.)
        Provisions of trading partner agreements that stipulate data 
    content, format definitions or conditions that conflict with the 
    adopted standard would be invalid beginning 36 months from the 
    effective date of the final rule for small health plans, and 24 months 
    from the effective date of the final rule for all other health plans.
        If HHS adopts a modification to an implementation specification or 
    a standard, the implementation date of the modification would be no 
    earlier than the 180th day following the adoption of the modification. 
    HHS would determine the actual date, taking into account the time 
    needed to comply due to the nature and extent of the modification. HHS 
    would be able to extend the time for compliance for small health plans. 
    This provision would be at Sec. 142.106.
        The law does not address scheduling of implementation of the 
    standards; it gives only a date by which all concerned must comply. As 
    a result, any of the health plans, health care clearinghouses, and 
    health care providers may implement a given standard earlier than the 
    date specified in the subpart created for that standard. We realize 
    that this may create some problems temporarily, as early implementers 
    would have to be able to continue using old standards until the new 
    ones must, by law, be in place.
        At the WEDI Healthcare Leadership Summit held on August 15, 1997, 
    it was recommended that health care providers not be required to use 
    any of the standards during the first year after the adoption of the 
    standard. However, willing trading partners could implement any or all 
    of the standards by mutual agreement at any time during the 2-year 
    implementation phase (3-year implementation phase for small health 
    plans). In addition, it was recommended
    
    [[Page 25280]]
    
    that a health plan give its health care providers at least 6 months 
    notice before requiring them to use a given standard.
        We welcome comments specifically on early implementation as to the 
    extent to which it would cause problems and how any problems might be 
    alleviated.
    
    D. Data Content
    
    [Please label any written comments or e-mailed comments about this 
    section with the subject: Data Content]
    
        We propose standard data content for each adopted standard. There 
    are two aspects of data content standardization: (1) Standardization of 
    data elements, including their formats and definition, and (2) 
    standardization of the code sets or values that can appear in selected 
    data elements. A telephone number is an example of a data element that 
    has a standard definition and format, but does not have an enumerated 
    set of valid codes or values. A patient's diagnosis is an example of a 
    data element that has a standard definition, a standard format, and a 
    set of valid codes. Information that would facilitate data content 
    standardization, while also facilitating identical implementations, 
    would consist of implementation guides, data conditions, and data 
    dictionaries, as noted in the addenda to this proposed rule, and the 
    standard code sets for medical data that are part of this rule. Data 
    conditions are rules that define the situations when a particular data 
    element or record/segment can be used. For example, ``the name of the 
    tribe'' applies only to Indian Health Service claims. The defining rule 
    for that data element would be ``must be entered if claim is Indian 
    Health Service''.
    1. Data Element and Record/Segment Content
        Once we publish the final rule in the Federal Register and it is 
    effective, there will be no additional data element or record/segment 
    content modifications in any of the transactions for at least one year.
        In our evaluation and recommendation for each proposed standard 
    transaction, we have tried to meet as many business needs as possible 
    while retaining our commitment to the guiding principles. We encourage 
    comments on how the standards may be improved.
        It is important to note that all data elements would be governed by 
    the principle of a maximum defined data set. No one would be able to 
    exceed the data sets defined in the final rule, until that rule is 
    amended one or more years from the effective date of the final rule. 
    This means that if a transaction has all of the data possible--based on 
    the appropriate implementation guide, data content and data conditions 
    specifications, and data dictionary--then a health plan would have to 
    accept the transaction and process it. This does not mean, however, 
    that the health plan would have to store or use information that it 
    does not need in order to process a claim or encounter, except for 
    audit trail purposes or for coordination of benefits if applicable. It 
    does mean that the health plan would not be able to require additional 
    information, and it does mean that the health plan would not be able to 
    reject a transaction because it contains information the health plan 
    does not want. This principle applies to the data elements of all 
    transactions proposed for adoption in this proposed rule.
    2. Code Sets
    [Please label any written comments or e-mailed comments about this 
    section with the subject: Code Sets]
    a. Background
        The administrative simplification provisions of HIPAA require the 
    Secretary of HHS to adopt standards for code sets for administrative 
    and financial transactions. Two types of code sets are required for 
    data elements in the transaction standards to be established under 
    HIPAA: (1) Large code sets for medical data, including coding systems 
    for:
         Diseases, injuries, impairments, other health related 
    problems, and their manifestations;
         Causes of injury, disease, impairment, or other health-
    related problems;
         Actions taken to prevent, diagnose, treat, or manage 
    diseases, injuries, and impairments and any substances, equipment, 
    supplies, or other items used to perform these actions; and (2) smaller 
    sets of codes for other data elements such as race/ethnicity, type of 
    facility, and type of unit.
        A separate HIPAA implementation team co-chaired by representatives 
    from HCFA, the Centers for Disease Control/National Center for Health 
    Statistics, and the National Institutes of Health/National Library of 
    Medicine, and including members from other interested HHS agencies and 
    Federal Departments, was established to recommend the code sets that 
    should become HIPAA standards for medical data. HHS efforts to identify 
    candidate medical data code sets were coordinated with the NCVHS 
    Subcommittee on Health Data Needs, Standards, and Security. The smaller 
    sets of codes for other data elements in transactions standards are 
    part of the transaction standards themselves and are specified in their 
    implementation guides.
        The following medical data code sets are already in use in 
    administrative and financial transactions:
        ICD-9-CM: The International Classification of Diseases, Ninth 
    Revision, Clinical Modification, classifies both diagnoses (Volumes 1 
    and 2) and procedures (Volume 3). All hospitals and ambulatory care 
    settings use it to capture diagnoses for administrative transactions. 
    The procedure system is used for all in-patient procedure coding for 
    administrative transactions. The ICD-9-CM was adopted for use in 
    January 1979.
        The ICD-9-CM Coordination and Maintenance Committee is a Federal 
    interdepartmental committee charged with maintaining and updating the 
    ICD-9-CM. Requests for modification are handled through the ICD-9-CM 
    Coordination and Maintenance Committee; no official changes are made 
    without being brought before this committee. Suggestions for 
    modifications come from both the public and private sectors and 
    interested parties are asked to submit recommendations for modification 
    prior to a scheduled meeting.
        Modifications are not considered without the expert advice of 
    clinicians, epidemiologists, and nosologists (both public and private 
    sectors). The meetings are open to the public and are announced in the 
    Federal Register; all interested members of the public are invited to 
    attend and submit written comments. Meetings are held twice each year.
        Approved modifications become effective October 1 of the following 
    year. Changes to ICD-9-CM are published on the NCHS and HCFA websites, 
    as well as by the American Hospital Association (AHA) and other private 
    sector vendors.
        CPT: Physicians' Current Procedural Terminology is used by 
    physicians and other health care professionals to code their services 
    for administrative transactions. CPT is level one of the Health Care 
    Financing Administration Procedure Coding System (HCPCS).
        CPT codes are updated annually by the AMA. The CPT Panel is 
    comprised of 15 physicians, 10 nominated by the AMA and one each 
    nominated by Blue Cross/Blue Shield of America (BCBSA), HIAA, HCFA, and 
    AHA. Meetings are not open to the public.
        Alpha-numeric HCPCS: Alpha-numeric Health Care Financing 
    Administration Procedure Coding System (HCPCS) contains codes for 
    medical equipment and supplies;
    
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    prosthetics and orthotics; injectable drugs; transportation services; 
    and other services not found in CPT. Alpha-numeric codes are level 2 of 
    HCPCS. Its use is generally limited to ambulatory settings. The Omnibus 
    Budget Reconciliation Act of 1986 requires the use of HCPCS in the 
    Medicare program for services in hospital outpatient departments.
        Level II of HCPCS is updated annually and is maintained jointly by 
    the BCBSA, the Health Insurance Association of America and HCFA.
        HCFA's regional offices assure coordination of local code 
    assignments among the payers in a State; local codes must be approved 
    by HCFA's central office to assure they do not duplicate national codes 
    in CPT or Level II of HCPCS.
        Decisions regarding additions, deletions and revisions to Level II 
    of HCPCS are made by the Alpha-Numeric Editorial Panel. This Panel, 
    which meets three times a year, is comprised of representatives of the 
    BCBSA, HIAA, and HCFA; the meetings are not open to the public. There 
    are formal mechanisms to coordinate this Panel's activities with CPT 
    and the American Dental Association's (ADA) procedure coding system.
        The revised HCPCS is available free of charge as a public use file.
        CDT: Current Dental Terminology is used in reporting dental 
    services. CDT codes are also included in alpha-numeric HCPCS with a 
    first character of D.
        Codes are revised on a five-year cycle by the ADA through its 
    Council on Dental Benefits Program. Meetings are not open to the 
    public.
        NDC: National Drug Codes are used in reporting prescription drugs 
    in pharmacy transactions and some claims by health care professionals. 
    The codes are assigned when the drugs are approved or repackaged and 
    may be found on the packaging of drugs.
    i. Candidates for the Standards
        The principal sources of input to the recommendations for medical 
    data code sets were:
        (a) The ANSI HISB Standards Inventory.
        The inventoried code sets are:
        ICD-9-CM, which consists of both diagnoses and procedure sections. 
    The diagnosis system is widely used in the health care industry. All 
    hospitals and ambulatory care settings use it to capture diagnoses. The 
    procedure system is used for all in patient procedure coding.
        ICD-10-CM for diagnosis, which is under development as a 
    replacement to the diagnosis section of ICD-9-CM and not yet in use in 
    this country. ICD-10 was developed by the World Health Organization and 
    has been implemented in approximately 37 countries to report mortality 
    data. These are data that are taken and coded from death certificates. 
    However, since our country's need for morbidity data cannot be 
    satisfied by ICD-10, the United States is preparing a clinical 
    modification of ICD-10 (ICD-10-CM). The public has been given an 
    opportunity to review and comment on the current draft of ICD-10-CM. 
    The final draft should be available in the summer of 1998.
         ICD-10-PCS for procedures, which is under development for 
    use in the U.S. only as a replacement to the procedure section of ICD-
    9-CM.
         CPT, which is used by all physicians and many other 
    practitioners to code their services. It is also used by hospital 
    outpatient departments to code certain ambulatory services.
         SNOMED (Systematized Nomenclature of Medicine), which is 
    being used by the developers of computer-based patient record systems. 
    It is not used in administrative transactions.
         CDT, which is used by all practicing dentists to code 
    their services for administrative transactions.
         NIC (Nursing Interventions Classification), which is not 
    used in administrative transactions in this country.
         LOINC (Logical Observation Identifier Names and Codes), 
    which is being used in a pilot-test by the Centers for Disease Control 
    to report tests as evidence of a communicable disease. It is also being 
    tested in electronic transactions involving detailed clinical 
    laboratory tests and results. It is not used in administrative 
    transactions.
         HHCC (Home Health Care Classification system), which is 
    not being used as a reporting system in this country.
        (b) A more extensive inventory of existing coding and 
    classification systems prepared by the coding and classification 
    implementation team itself and evaluated against the general HIPAA 
    standards evaluation criteria (as found in section I.B., Process for 
    developing standards for this proposed rule).
        This larger inventory (which will be placed on the home page of the 
    National Center for Health Statistics at: http://www.cdc.gov/nchswww/
    nchshome.htm) does not include any additional viable candidates for the 
    initial standards for administrative code sets to be established under 
    this proposed rule. It does contain some additional systems that may be 
    applicable to elements of the claims attachments standard (to be issued 
    on a later timetable) and to eventual HIPAA recommendations to the 
    Congress regarding full electronic medical records.
        (c) The oral and written testimony submitted at an NCVHS public 
    hearing to discuss medical/clinical coding and classification issues in 
    connection with the requirements of HIPAA on April 15-16, 1997. The 
    following entities presented testimony at the hearing: AMA, AHA, 
    American Health Information Management Association, American College of 
    Obstetricians and Gynecologists, American Academy of Pediatrics, 
    American Nurses Association, National Association for Home Care, ADA, 
    Family Practice Primary Care Work Group, National Association of 
    Children's Hospitals and Related Institutions, Food and Drug 
    Administration, College of American Pathologists, the Omaha System, 
    developers of new nomenclature systems, research groups, publishers, 
    consultants in coding, managed care organizations, software vendors, 
    and informatics specialists.
        (d) The NCVHS' recommendations to the Secretary, HHS regarding 
    codes and classifications.
        (e) Comments received in response to presentations at professional 
    meetings and at the July 9, 1997, public meeting held by HHS on 
    progress on selecting the initial HIPAA standards.
        For the hearing on April 15-16, 1997, the NCVHS invited interested 
    organizations representing both the users and developers of medical/
    clinical classification systems to present written and/or oral 
    testimony responding to the following questions.
    
    ``--What medical/clinical codes and classifications do you use in 
    administrative transactions now? What do you perceive as the main 
    strengths and weaknesses of current methods for coding and 
    classification of encounter and/or enrollment data?
    ``--What medical/clinical codes and classifications do you recommend 
    as initial standards for administrative transactions, given the time 
    frames in the HIPAA? What specific suggestions would you like to see 
    implemented regarding coding and classification?
    ``--Prior to the passage of HIPAA, the National Center for Health 
    Statistics initiated development of a clinical modification of the 
    International Classification of Diseases-10 (ICD-10-CM), and HCFA 
    undertook development of a new procedure coding system for inpatient 
    procedures (called ICD-10-PCS), with a plan to implement them 
    simultaneously in the year 2000. On the pre-HIPAA schedule, they 
    will be released to the field for
    
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    evaluation and testing by 1998. If some version of ICD is to be used 
    for administrative transactions, do you think it should be ICD-9-CM 
    or ICD-10-CM and ICD-10-PCS, assuming that field evaluations are 
    generally positive?
    ``--Recognizing that the goal of P.L. 104-191 is administrative 
    simplification, how, from your perspective, would you deal with the 
    current coding environment to improve simplification, reduce 
    administrative burden, but also obtain medically meaningful 
    information?
    ``--How should the ongoing maintenance of medical/clinical code sets 
    and the responsibility, intellectual input and funding for 
    maintenance be addressed for the classification systems included in 
    the standards? What are the arguments for having these systems in 
    the public domain versus in the private sector, with or without 
    copyright?
    ``--What would be the resource implications of changing from the 
    coding and classification systems that you currently are using in 
    administrative transactions to other systems? How do you weigh the 
    costs and benefits of making such changes?
    ``--A Coding and Classification Implementation Team has been 
    established within the Department of Health and Human Services to 
    address the requirements of P.L. 104-191; the Team's charge is 
    enclosed. Does your organization have any concerns about the process 
    being undertaken by the Department to carry out the requirements of 
    the law in regard to coding and classification issues? If so, what 
    are those concerns and what suggestions do you have for 
    improvements?''
    
        In general, those testifying at the April 15-16 hearing recommended 
    that systems currently in use be designated as standards for the year 
    2000, since potential replacements were not yet fully tested and could 
    not be implemented throughout the health care system by 2000. Testimony 
    supported moving to ICD-10-CM for medical diagnoses after the year 2000 
    (different timetables were mentioned). Testimony provided by 
    representatives from the American Psychiatric Association described the 
    ongoing efforts to make the Diagnostic and Statistical Manual of Mental 
    and Behavioral Disorders (DSM) completely compatible with ICD. The 
    American Psychiatric Association has crosswalked the appropriate ICD-9-
    CM codes to what appear in the DSM for its diagnostic categories and is 
    doing the same for ICD-10-CM for diagnosis. The mapping between DSM and 
    ICD-10-CM for diagnosis is more precise than is possible for ICD-9-CM 
    so the APA favors moving to ICD-10-CM for diagnosis as soon as 
    possible.
        Many of those testifying emphasized the need to change to a less 
    fragmented, overlapping, and duplicative approach to procedure coding, 
    but sometime after the year 2000. Different potential approaches to 
    achieving a more integrated procedure coding system were mentioned. 
    Many identified current variations in the implementation of coding 
    systems and the use of local HCPCS codes as problems that should be 
    addressed.
        In general, those testifying approved the implementation team's 
    charge, which includes an initial focus on the administrative standards 
    for the year 2000 and longer term attention to recommendations for the 
    more clinically-detailed vocabulary needed for full electronic medical 
    records. Some of the developers of vocabularies and classifications who 
    presented testimony emphasized the potential usefulness of their 
    systems for full computer-based patient records, rather than for the 
    administrative transactions that are the focus of the initial HIPAA 
    standards.
        Comments on codes and classifications sets made at the June 3-4, 
    1997, Health Data Needs, Standards and Security Subcommittee hearings 
    in San Francisco, California echoed those heard at the April hearing.
        On June 25, 1997, the NCVHS submitted the following recommendations 
    to the Secretary of HHS regarding standards for codes and 
    classifications for administrative transactions:
        The Committee recommends that diagnosis and procedure coding 
    continue to use the current code sets because replacements will not 
    be ready for implementation by the year 2000. ICD-9-CM diagnosis 
    codes, ICD-9-CM Volume 3 procedure codes, and HCPCS (including 
    Current Procedural Terminology (CPT) and Current Dental Terminology 
    (CDT)) procedure codes should be adopted as the standards to be 
    implemented by the year 2000. Annual updates to ICD-9-CM and HCPCS 
    should continue to follow the schedule currently used. In addition, 
    we recommend that you advise industry to build and modify their 
    information systems to accommodate a change to ICD-10-CM diagnosis 
    coding in the year 2001 and a major change to a unified approach to 
    coding procedures (yet to be defined) by the year 2002 or 2003. We 
    recommend that you identify and implement an approach for procedure 
    coding that addresses deficiencies in the current systems, including 
    issues of specificity and aggregation, unnecessary redundancy, and 
    incomplete coverage of health care providers and settings.
    
        At the July 9, 1997, public meeting on progress on selecting the 
    HIPAA standards, the implementation team presented an overview of its 
    planned recommendations for coding and classification standards for the 
    year 2000. The team's recommendations were similar to those of the 
    NCVHS but included the use of NDC codes for pharmacy transactions that 
    the NCVHS did not address. The implementation team did not recommend a 
    specific timetable for changes in the standards after the year 2000. 
    The team believed that its recommendations for changes after the year 
    2000 should await the results of field testing of ICD-10-CM for 
    diagnosis and ICD-10-PCS for procedures (which should be available in 
    March 1998) and further consideration of options for moving toward a 
    more integrated approach to procedure coding.
        One of the coding systems that the implementation team considered 
    to be promising for future implementation was the Universal Product 
    Numbers (UPNs) system. The UPN system is a product numbering technology 
    that uses human readable and bar code formats to identify products. A 
    bar code and human readable number, which is unique to a particular 
    product, is printed on the label or box as part of the production line 
    process. There are currently two separate and different UPN coding 
    systems that are generally accepted and recognized for health care 
    products. One is numeric, a fixed 14 digit number, and the other an 
    alpha-numeric format, a variable length number 8 to 20 digits. The 
    numeric format is the system of the Health Care Uniform Code Council 
    (UCC) and the alpha-numeric format is used by the Health Industry 
    Business Communications Council (HIBCC). The first series of digits are 
    assigned by one of these two private companies and identify the 
    manufacturer or a repackager. The remaining digits are assigned by the 
    manufacturer or repackager and are assigned according to the user's own 
    standards and specifications. A manufacturer or repackager can apply to 
    either one of these companies to use its system. The application fees, 
    which are collected by either UCC or HIBCC, vary based on the 
    manufacturer's or repackager's sales volume.
        The Department of Defense has started to use UPNs for its prime 
    vendor program. Currently, there are purchasers and providers of 
    medical equipment that are using the UPN system for inventory purposes, 
    but, at this time, there are no insurers that pay for health care 
    products using the UPN system. California Medicaid, however, has plans 
    to begin using UPNs as part of its system.
        At this time, approximately 30 percent of the health care products 
    do not have a UPN assigned to them. For this reason, in addition to the 
    fact that no insurer currently uses UPNs for reimbursement, UPNs were 
    not included in the initial list of standards.
    
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    However, it is a coding system that bears close examination during the 
    next few years as a possible replacement for alpha-numeric HCPCS codes 
    for health care products. Some consideration is being given to 
    conducting a demonstration study in the Medicare program on the use of 
    UPNs for reimbursement.
        Comments on the use of the UPNs as a national coding system are 
    being sought. In particular, comments on issues such as timing of 
    implementation, any complications presented by the existence of 
    multiple bodies issuing UPN codes, the acceptability of varying lengths 
    and formats, and the frequent changes in manufacture and packaging size 
    would be helpful.
    ii. Changes to HCPCS for Implementation in the Year 2000
        In proposing the use of the existing coding systems as the 
    standards for the year 2000, many participants at public meetings 
    voiced concern about overlaps in several of the coding systems, 
    problems with HCPCS local codes, differences in implementation of NDC 
    codes in different systems, and differences between the CDT codes in 
    HCPCS and those issued by the ADA. It was repeatedly suggested that 
    these issues be resolved and overlaps be eliminated for standards 
    adopted in the year 2000. After careful consideration of all public 
    input and of the options for modifying HCPCS in the relatively near 
    term, the implementation team is recommending that changes be 
    implemented in HCPCS in the year 2000 to reduce its overlap with other 
    coding systems.
        HCPCS contains three levels. Level 1, CPT, is developed and 
    maintained by the AMA and captures physician services. Level 2, alpha-
    numeric HCPCS, contains codes for products, supplies, and services not 
    included in CPT. Level 3, local codes, includes all the codes developed 
    by insurers and agencies to fulfill local needs.
        We are proposing the adoption of HCPCS levels 1 and 2 for 
    implementation in the year 2000. In addition, we are proposing to 
    modify HCPCS level 3 for the year 2000 to eliminate overlaps and 
    duplications.
        Most third-party public and private health insurers (such as 
    Medicare contractors, Medicaid program and fiscal agents, and private 
    commercial health insurers) use HCPCS as a basis for paying claims for 
    medical services provided on a fee-for-service basis and for monitoring 
    the quality and utilization of care. In addition, integrated health 
    systems, such as managed care organizations, also use HCPCS as a basis 
    for monitoring utilization and quality of care and for negotiating 
    prospective fees and capitated payments. Research organizations use the 
    HCPCS data collected by health insurers to monitor and evaluate these 
    programs and regional/national patterns of care.
        As previously stated, HCPCS alpha-numeric codes capture products, 
    supplies, and services not included in CPT. The ``D'' codes in the 
    HCPCS system are dental codes created by the ADA and published as CDT. 
    However, in HCPCS, the first digit ``0'' in CDT is replaced by a ``D'' 
    to eliminate confusion and overlap with certain CPT codes. The ADA has 
    agreed to replace their first digit ``0'' with a ``D'' so that CDT can 
    become the national standard. There would no longer be dental codes 
    within HCPCS. Consequently, CDT codes will no longer be issued within 
    HCPCS as of the year 2000. The ADA will be the sole source of the 
    authoritative version of CDT.
        The ``J'' codes within alpha-numeric HCPCS are for drugs. A 
    separate coding system, the NDC developed by the Food and Drug 
    Administration, is also used to report drug claims in the ANSI X12N 
    837--Health Care Claim: Professional and in pharmacy transactions. The 
    NDC system, which has 11-digit codes, is more precise and more current 
    than the HCPCS ``J'' codes. NDC identifies drugs prescribed down to the 
    manufacturer, product name and package size. NDC codes are assigned on 
    a continuous basis throughout the year as new drug products are issued; 
    ``J'' codes are assigned on an annual basis. Many providers are 
    currently forced to maintain both ``J'' and NDC codes to provide data 
    to different insurers. The majority of the local codes currently 
    created were developed because of the lack of a ``J'' code for a new 
    drug. Local codes are level 3 of the HCPCS and are assigned by local 
    insurers or agencies where there is no national code. By eliminating 
    ``J'' codes from alpha-numeric HCPCS codes and utilizing only NDC codes 
    for drugs, greater national uniformity can be achieved, the workload of 
    providers who previously had to utilize two drug coding systems will be 
    reduced, and the need for local codes will diminish substantially.
        HHS is, therefore, proposing that NDC codes become the national 
    standard in the year 2000 for all types of transactions requiring drug 
    codes and that ``J'' codes be deleted from alpha-numeric HCPCS. This 
    would require those handling electronic administrative transactions to 
    process 11-digit NDC codes in the year 2000.
        Level 3 of HCPCS is intended to meet local needs and is established 
    on a local basis by health insurers. There is no national registry for 
    these local codes. We propose that, beginning in the year 2000, local 
    codes be eliminated and that a national process be established for 
    reviewing and approving codes that are needed by any public or private 
    health insurer.
        The first step in this process would be to ask public and private 
    health insurers to review the local codes they use and to immediately 
    eliminate those that duplicate a national HCPCS code or NDC code 
    already in existence. (See the previous section for a discussion of NDC 
    codes.) They would also be asked to eliminate those local codes for 
    which there are few claims submissions (for example, fewer than 50 per 
    year) and that could reasonably and effectively be reviewed by the 
    health insurer. Health insurers would also be asked to eliminate those 
    local codes which were established for administrative purposes, to 
    facilitate claims payment, rather than to identify and describe medical 
    services, supplies and procedures. (A code for ``administration of 
    immunization at public health clinic'' is an example of a code that 
    includes administrative information in addition to information about 
    the clinical content of the service.) This purging would result in the 
    elimination of the vast majority of local codes now in use. Any 
    remaining local codes would then have to be submitted by the health 
    insurer to HCFA for review and approval as temporary codes. The HCPCS 
    panel currently meets every two to three months to approve requests for 
    temporary codes. This process will be re-examined to determine if more 
    frequent meetings are required.
        The process would be modeled after the one that is currently used 
    to review and approve code requests from Medicare and its contractors. 
    Codes that are approved by HCFA would be established as national 
    temporary codes that would be posted electronically and would be 
    available for use by all health insurers. National temporary codes 
    would be reviewed on an annual basis to make sure they are not 
    duplicative of CPT codes or alpha-numeric codes that are newly 
    established.
        This new centralized process for establishing national temporary 
    codes would run parallel to the process for establishing national CPT 
    codes, alpha-numeric HCPCS codes, and NDC codes. It is expected that 
    most of the codes submitted for approval by HCFA in this process would 
    be for new medical technologies and services not yet approved for codes 
    by CPT or the alpha-
    
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    numeric process or for other medical services/procedures covered by 
    health insurers which have no associated CPT or alpha-numeric codes.
        These recommendations are based on the following:
        As stated earlier, many participants at public meetings voiced 
    concerns about overlaps in codes that are used and the proliferation of 
    local codes. Local codes that are duplicative of national codes create 
    extra work and confusion for providers who must submit different codes 
    to different health insurers. Local codes also make it more difficult 
    for researchers and programs such as Medicaid and Medicare to evaluate 
    and monitor patterns of care and the utilization and quality of care on 
    a regional or national basis.
        The use of local codes established for administrative purposes, to 
    facilitate claims payment rather than to identify medical services, 
    supplies and procedures, is contrary to the intent of the medical 
    coding system, which is intended to describe medical services used to 
    prevent, diagnose, treat or manage diseases, injuries, and impairments. 
    Administrative functions necessary to process and facilitate claims by 
    health insurers can be achieved by using ``administrative'' codes 
    placed in fields other than those used for medical diagnosis and 
    procedure codes or by attaching a modifier to a medical code. Because 
    the need for new temporary codes is not unique to an individual health 
    insurer, the new codes that are created as a result of this centralized 
    process would be useful not just to the health insurer who submitted 
    the original request for a code but also to many other health insurers 
    across the country. By eliminating duplicative and otherwise 
    unnecessary local codes and adding national temporary codes through the 
    centralized process discussed above, we believe we are being consistent 
    with the intent of HIPAA to simplify the administration of the claims 
    review, payment and monitoring process.
        We welcome comments and suggestions on this proposal for 
    eliminating unnecessary local codes and establishing a centralized, 
    national process for establishing national temporary codes. We seek 
    input specifically on the problems and barriers to creating this type 
    of process. We are also specifically looking for examples of the kinds 
    of local codes that are now being used that would have to be replaced 
    with national codes or for alternatives to the above-described process.
    iii. Recommended Standards and Implementation Guides
        The proposed standard code sets for different types of medical data 
    are outlined below:
        (a) Diseases, injuries, impairments, other health related problems, 
    their manifestations, and causes of injury, disease, impairment, or 
    other health-related problems.
        The proposed standard code set for these conditions is the 
    International Classification of Diseases, 9th edition, Clinical 
    Modification, (ICD-9-CM), Volumes 1 and 2, as maintained and 
    distributed by the National Center for Health Statistics, Centers for 
    Disease Control and Prevention, U.S. Department of Health and Human 
    Services. The specific data elements for which ICD-9-CM is the required 
    code set are enumerated in the implementation guides for the 
    transactions standards that require its use.
        An area of weakness of the ICD-9-CM is that it is not always 
    precise or unambiguous. However, there are no viable alternatives for 
    the year 2000. Many problems cannot be resolved within the current 
    structure, but are being addressed in the development of ICD-10-CM for 
    diagnosis, which is expected to be ready for implementation some time 
    after the year 2000.
        The official coding guidelines for this proposed standard code set 
    are in the public domain and available at no cost on the NCHS website 
    at: http://www.cdc.gov/nchswww/about/otheract/icd9/icd9hp2.htm. Users 
    without access to the Internet may purchase the official version of 
    ICD-9-CM on CD-ROM from the Government Printing Office (GPO) at 1-202-
    512-1800 or fax 1-202-512-2250. The CD-ROM contains the ICD-9-CM 
    classification and the coding guidelines. The guidelines are also 
    included in code books and coding manuals published by not-for-profit 
    (for example, the American Hospital Association and the American Health 
    Information Management Association) and other private sector vendors.
        (b) Procedures or other actions taken to prevent, diagnose, treat, 
    or manage diseases, injuries and impairments.
    (1) Physician Services
        The proposed standard code set for these entities is the Current 
    Procedural Terminology (CPT) (level 1 of HCPCS) as maintained and 
    distributed by the AMA. The specific data elements for which CPT 
    (including codes and modifiers) is a required code set are enumerated 
    in the implementation guides for the transaction standards that require 
    its use.
        Narrative coding guidelines are presented at the beginning of each 
    of the six sections of print edition of CPT and, in addition, special 
    instructions for specific codes or groups of codes appear throughout 
    CPT. CPT is available from the AMA at a charge as well as from several 
    not-for-profit and other private sector vendors.
        An area of weakness of the CPT is that it is not always precise or 
    unambiguous. However, there are no viable alternatives for the year 
    2000.
    (2) Dental Services
        The proposed standard code set for these services is the Current 
    Dental Terminology (CDT) as maintained and distributed by the ADA for a 
    charge. The specific data elements for which CDT is a required code set 
    are enumerated in the implementation guides for the transaction 
    standards that require its use.
        The official implementation guidelines for this standard appear in 
    CDT as descriptors that explain the appropriate use of the codes. 
    Copies of the ADA Current Procedural Terminology Second Edition (CDT-2) 
    may be obtained by calling 1-800-947-4746. The ADA is in the process of 
    developing CDT-3 for introduction in the year 2000.
    (3) Inpatient Hospital Services
        The proposed standard code set for these services is the 
    International Classification of Diseases, 9th edition, Clinical 
    Modification, Volume 3, as maintained and distributed by the Health 
    Care Financing Administration, U.S. Department of Health and Human 
    Services. The specific data elements for which ICD-9-CM, Volume 3, is a 
    required code set are enumerated in the implementation guides for the 
    transactions standards that require its use.
        As stated earlier, an area of weakness of the ICD-9-CM is that it 
    is not always precise or unambiguous. However, there are no viable 
    alternatives for the year 2000 that are more precise or less ambiguous. 
    Many problems cannot be resolved within the current structure but are 
    being addressed in the development of ICD-10-PCS for procedures, which 
    is expected to be ready for implementation some time after the year 
    2000.
        The official coding guidelines for this standard are in the public 
    domain and available at no cost on the NCHS website at http://
    www.cdc.gov/nchswww/about/otheract/icd9/icd9hp2.htm. Users without 
    access to
    
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    the Internet may purchase the official version of ICD-9-CM on CD-ROM 
    from the Government Printing Office at 1-202-512-1800 or fax 1-202-512-
    2250. The CD-ROM contains the ICD-9-CM classification and the coding 
    guidelines. The guidelines are also included in code books and coding 
    manuals published by not-for-profit (for example, the American Hospital 
    Association and the American Health Information Management Association) 
    and private sector vendors.
    (c) Other Health-Related Services
        The proposed standard code set for other health-related services is 
    the Health Care Financing Administration Procedure Coding System 
    (alpha-numeric HCPCS) as maintained and distributed by the Health Care 
    Financing Administration, U.S. Department of Health and Human Services. 
    We are proposing to make significant modifications to alpha-numeric 
    HCPCS for the year 2000. These modifications are described in Section 
    II.D.2.a.ii of this proposed rule.
        The specific data elements for which alpha-numeric HCPCS (including 
    codes and modifiers) is a required code set are enumerated in the 
    implementation guides for the transaction standards that require its 
    use.
        Alpha-numeric HCPCS codes meet all but one of the guiding 
    principles for choosing standards. An area of weakness is that it is 
    not always precise or unambiguous. However, there are no viable 
    alternatives for the year 2000 that are more precise or less ambiguous. 
    Some of the areas of ambiguity in HCPCS (the ``J'' codes for drugs, 
    local codes, variant CDT codes) have been addressed in the changes 
    recommended for the year 2000.
        The 1998 alpha-numeric HCPCS file (excluding the D procedure codes 
    copyrighted by the ADA) is available from the HCFA website at http://
    www.hcfa.gov/stats/pufiles.htm. Users can also access this page by 
    taking the Stats and Data link to the Browse/Download available PUFs 
    link. The 1998 alpha-numeric HCPCS file is on the HCFA Public Use Files 
    page under the Utilities/Miscellaneous heading.
        The HCPCS is in an executable format, which includes 1998 alpha-
    numeric HCPCS in both Excel/ and text, the 1998 Alpha-
    Numeric Index in both Portable Document Format/ (PDF) and 
    text, the 1998 Table of Drugs in both PDF and text, the 1998 HCPCS 
    record layout in WordPerfect/ and text, and a read me file 
    in WordPerfect/ and text.
    (d) Drugs
        The proposed standard code set for these entities is the National 
    Drug Codes as maintained and distributed by the Food and Drug 
    Administration, U.S. Department of Health and Human Services, in 
    collaboration with drug manufacturers. The specific data elements for 
    which NDC is a required code set are enumerated in the implementation 
    guides for the transaction standards that require its use.
        NDC codes as established by the Food and Drug Administration are 
    made available on the individual drug package inserts and product 
    labeling. The Food and Drug Administration, Center for Drug Evaluation 
    and Research, Office of Management, Division of Database Management, 
    prepares an annual update, with periodic cumulative supplements of the 
    Approved Drug Products with Therapeutic Equivalence Evaluations for 
    prescription drug products, over the counter drug products and 
    discontinued drug products. The supplements are available on diskette, 
    on a quarterly basis, from the National Technical Information Service 
    at 703-487-6430. The files are also available on the Internet's World 
    Wide Web on the CDER Home Page at http://www.fda.gov/cder. The NDC 
    codes are also published in such drug publications as the Physicians' 
    Desk Reference under the individual drug product listings and ``How 
    supplied.''
    (e) Other Substances, Equipment, Supplies, or Other Items Used in 
    Health Care Services
        The proposed standard code set for these entities is the Health 
    Care Financing Administration Procedure Coding System (alpha-numeric 
    HCPCS) as maintained and distributed by the Health Care Financing 
    Administration, U.S. Department of Health and Human Services. We are 
    proposing to make significant modifications to alpha-numeric HPCPS for 
    the year 2000. These modifications are described in Section II.D.2.a.ii 
    of this proposed rule. The specific data elements for which alpha-
    numeric HCPCS is a required code set are enumerated in the 
    implementation guides for the transactions standards that require its 
    use.
        The recommended code sets adhere to the principles for guiding 
    choices for the standards to be adopted under HIPAA as follows:
         Improve the efficiency and effectiveness of the health 
    care system by leading to cost reductions for or improvements in 
    benefits from electronic health care transactions.
        Improvements in efficiency and effectiveness over the current 
    status quo will result from: (a) The requirement for all those 
    exchanging electronic transactions to use a single official 
    implementation guide for each recommended code set; and (b) the 
    proposed changes to HCPCS, which will eliminate overlap between NDC and 
    HCPCS, eliminate one of the two current versions of CDT codes, and 
    eliminate the use of local HCPCS codes that are known only to 
    institutions that developed them.
         Meet the needs of the health data standards user 
    community, particularly health care providers, health plans, and health 
    care clearinghouses.
        The recommended code sets meet some of the needs of the community. 
    To meet all of the community's needs (e.g., elimination of overlap in 
    procedure coding systems and better coverage of nursing and allied 
    health services) will require changes to the code sets recommended or 
    their replacement by newer systems, once these have been fully tested 
    and revised. Essentially all segments of the health care community 
    testified that there was no practical alternative to the recommended 
    code sets for the year 2000, although they recommended changes after 
    that time.
         Be consistent and uniform with the other HIPAA standards--
    their data element definitions and codes and their privacy and security 
    requirements--and, secondarily, with other private and public sector 
    health data standards.
        All of the recommended code sets are required for selected data 
    elements in more than one of the recommended transaction standards.
         Have low additional development and implementation costs 
    relative to the benefits of using the standard.
        The recommended code sets are currently used by many segments of 
    the health care community.
         Be supported by an ANSI-accredited standards developing 
    organization or other private or public organization that will ensure 
    continuity and efficient updating of the standard over time.
        All of the recommended code sets are supported by U.S. government 
    agencies or private sector organizations that have demonstrated a 
    commitment to maintaining them over time.
         Have timely development, testing, implementation, and 
    updating procedures to achieve administrative simplification benefits 
    faster.
        All of the recommended code sets have existing procedures for 
    updating at
    
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    least annually. NDC updates continually throughout the year.
         Be technologically independent of the computer platforms 
    and transmission protocols used in electronic health transactions, 
    except when they are explicitly part of the standard.
        All of the recommended code sets are technologically independent of 
    computer platforms and transmission protocols.
         Be precise and unambiguous, but as simple as possible.
        There are some problems with lack of precision and ambiguity in all 
    the recommended code sets, but there are no viable alternatives for the 
    year 2000. In the case of ICD-9-CM, many problems cannot be resolved 
    within the current structure but are being addressed in the development 
    of ICD-10-CM for diagnosis and ICD-10-PCS for procedures, which are 
    expected to be ready for implementation some time after 2000. Some of 
    the sources of ambiguity in HCPCS (the ``J'' codes for drugs, local 
    codes, variant CDT codes) have been addressed in the changes 
    recommended for the year 2000. The movement to a single framework for 
    procedure coding, sometime after the year 2000, will address other 
    known problems with the procedure codes.
         Keep data collection and paperwork burdens on users as low 
    as is feasible.
        Because the recommended code sets are currently used throughout the 
    health care community, they should not add substantially to data 
    collection or paperwork burdens.
         Incorporate flexibility to adapt more easily to changes in 
    the health care infrastructure (such as new services, organizations, 
    and provider types) and information technology.
        Some of the recommended code sets lack a desirable level of 
    flexibility; e.g., they use hierarchical codes and may therefore ``run 
    out of room'' for additional codes required by advances in medicine and 
    health care. Since they appear to be the only feasible alternatives for 
    the year 2000, steps should be taken to improve their flexibility--or 
    replace them with more flexible options--sometime after the year 2000.
    iv. Probable Changes to Coding and Classification Standards After 2000
        Although the exact timing and precise nature of changes in the code 
    sets designated as standards for medical data are not yet known, it is 
    inevitable that there will be changes to coding and classification 
    standards after the year 2000. As indicated in testimony at the NCVHS 
    hearings previously discussed, changes will be required to address 
    current coding system deficiencies that adversely affect the efficiency 
    and quality of administrative data creation and to meet international 
    treaty obligations. For example, ICD-10-CM for diagnosis is highly 
    likely to replace ICD-9-CM as the standard for diagnosis data, possibly 
    in 2001. When any of the standard code sets proposed in this rule are 
    replaced by wholly new or substantially revised systems, the new 
    standards may have different code lengths and formats. The current 
    draft of ICD-10-CM for diagnoses contains 6 digit codes; the longest 
    ICD-9-CM codes have 5 digits. In addition to accommodating the initial 
    code sets standards for the year 2000, those that produce and process 
    electronic administrative health transactions should build the system 
    flexibility that will allow them to implement different code formats 
    beyond the year 2000.
        As also clearly expressed in the hearings and other input to HHS, 
    any major change in administrative coding systems involves significant 
    initial costs and dislocations, as well as some level of discontinuity 
    in data collected before and after the change. These factors must be 
    weighed against expected improvements in the efficiency of data 
    creation and in the accuracy and utility of the data collected. In the 
    future, more flexible health data systems may assist in reducing the 
    costs of implementing changes in administrative coding and 
    classification standards, especially if administrative codes can be 
    generated automatically from more granular clinical data.
    b. Requirements
        In Sec. 142.1002, we would state that health plans, health care 
    clearinghouses, and health care providers must use in electronic 
    transactions the diagnosis and procedure code sets as prescribed by 
    HHS. The names of these diagnosis and procedure code sets are published 
    in a notice in the Federal Register. The implementation guides for the 
    transaction standards in part 142, Subparts K through R would specify 
    which of the standard medical data code sets should be used in 
    individual data elements within those transaction standards.
        In Sec. 142.1004, we would specify that the code sets in the 
    implementation guide for each transaction standard in part 142, 
    subparts K through R, are the standard for the coded nonmedical data 
    elements present in that transaction standard.
        In Sec. 142.1010, The requirements sections of part 142, subparts K 
    through R, would specify that those who transmit electronic 
    transactions covered by the transaction standards must use the 
    appropriate transaction standard, including the code sets that are 
    required by that standard. These sections would further specify that 
    those who receive electronic transactions covered by the transaction 
    standards must be able to receive and process all standard codes, 
    without regard to local policies regarding reimbursement for certain 
    conditions or procedures, coverage policies, or need for certain types 
    of information that are not part of a standard transaction.
    
    E. Transaction Standards
    
        The HISB prepared an inventory of candidate standards to be 
    considered by HHS in the standards adoption process. HHS wrote letters 
    to the NUBC, the NUCC, the ADA, and WEDI in order to consult with them 
    as required by the Act. HHS also consulted with them informally and 
    received their support on all the transactions at various meetings and 
    at the public meeting we held on July 9, 1997, in Bethesda, Maryland. 
    The NCVHS held public hearings during which any person could present 
    his or her views. There also were opportunities for those who could not 
    attend the public hearings to provide written advice, and many did take 
    advantage of that opportunity. In addition, HHS welcomed informal 
    advice from any industry member, and that advice was taken into 
    consideration during the decision making process.
        Recommendations for enrollment and disenrollment in a health plan, 
    eligibility for a health plan, health care payment and remittance 
    advice, health plan premium payments, first report of injury, health 
    claim status, and referral certification and authorization were 
    overwhelmingly in favor of ASC X12N implementations. Also, the 
    recommendation for the National Council of Prescription Drug Programs 
    (NCPDP) version 3.2 telecommunication standard format was not 
    controversial and was nearly unopposed.
        The recommendations for the professional and institutional claims 
    were quite controversial, with some factions supporting the de facto 
    flat file standards that have been in use for many years and others 
    supporting X12N standards.
    
    [[Page 25287]]
    
        (A flat file is a file that has fixed-length records and fixed-
    length fields.) Some associations proposed dual standards with the flat 
    file claim standards (National Standard Format for professional claims 
    and electronic UB-92 for institutional claims) to sunset on a specified 
    date, at which time the parallel ASC X12N claim implementations would 
    become the sole standards to be used.
        The HHS claims implementation team recommended, and we are 
    proposing for adoption, the following standards as implemented through 
    the appropriate implementation guides, data content and data conditions 
    specifications, and data dictionary:
         Health care claim and equivalent encounter:
        + Retail drug: NCPDP Telecommunication Claim version 3.2 or 
    equivalent NCPDP Batch Standard Version 1.0.
        + Dental claim: ASC X12N 837--Health Care Claim: Dental.
        + Professional claim: ASC X12N 837--Health Care Claim: 
    Professional.
        + Institutional claim: ASC X12N 837--Health Care Claim: 
    Institutional.
         Health care payment and remittance advice: ASC X12N 835--
    Health Care Payment/Advice.
         Coordination of benefits:
        + Retail drug: NCPDP Telecommunication Standard Format version 3.2 
    or equivalent NCPDP Batch Standard Version 1.0.
        + Dental claim: ASC X12N 837--Health Care Claim: Dental.
        + Professional claim: ASC X12N 837--Health Care Claim: 
    Professional.
        + Institutional claim: ASC X12N 837--Health Care Claim: 
    Institutional.
         Health claim status: ASC X12N 276/277--Health Care Claim 
    Status Request and Response.
         Enrollment and disenrollment in a health plan: ASC X12 
    834--Benefit Enrollment and Maintenance.
         Eligibility for a health plan: ASC X12N 270/271--Health 
    Care Eligibility Benefit Inquiry and Response.
         Health plan premium payments: ASC X12 820--Payment Order/
    Remittance Advice.
         Referral certification and authorization: ASC X12N 278--
    Health Care Services Review--Request for Review and Response.
        We chose version 4010 of X12 for each ASC X12N transaction. Later 
    in this proposed rule is a list of candidates for most transactions. 
    The ASC X12N transactions listed as candidate standards in this section 
    were originally specified as version 3070 because at the time of HISB 
    inventory version 3070 was the most current DSTU version. However, we 
    are proposing that version 4010 would be proposed in lieu of version 
    3070 for the following reasons:
         Version 4010 is millennium ready.
         Version 4010 allows for up-to-date changes to be 
    incorporated into the standards.
        We will propose a claims attachment standard in a separate document 
    as the statute gives the Secretary an additional year to designate this 
    standard. The attachment standards are likely to be drafted so that 
    health care providers using Health Level 7 (HL7) for their in-house 
    clinical systems would be able to send HL7 clinical data to health 
    plans. Anyone wishing to use the HL7 may want to consider a translator 
    that supports the administrative transactions proposed in this proposed 
    rule and the HL7.
        We will also propose a standard for first report of injury 
    transactions in a later rule for reasons explained in depth under 
    section II.E.9.
    1. Standard: Health Claims or Equivalent Encounter Information (Subpart 
    K)
    [Please label any written comments or e-mailed comments about this 
    section with the subject: Health Claims]
    a. Background
        By the mid-1970s, several health care industry associations had 
    formed committees to attempt to standardize paper health care claim or 
    equivalent encounter forms. By the mid-1980s, those committees were 
    standardizing electronic formats with equivalent data. By the early 
    1990s, some of these committees were working with the ASC X12N 
    Subcommittee. Nevertheless, many health plans continued to require 
    local formats, revising the formats to suit their own purposes rather 
    than following procedures in order to revise the standards. As a 
    result, it is not unusual for health care providers to support many 
    electronic health care claim formats, either directly or by using 
    clearinghouse services, in order to do business with the many health 
    plans covering their patients.
        The committees that pursued organizational goals (such as a more 
    cost-efficient environment for the provision of health care, more time 
    and resources for patient care, and fewer resources for administration) 
    were usually sponsored by health care provider associations such as the 
    National Council of Prescription Drug Programs, the AMA, the American 
    Hospital Association, and the ADA. Each association contributed to the 
    development of the four corresponding accredited claims standards 
    proposed for adoption, with content based on de facto standards derived 
    over time.
    i. Candidates for the Standard
        The HISB developed an inventory of health care information 
    standards for HHS to consider for adoption. The candidate standards for 
    health claims or equivalent encounter information were:
         Retail drug: NCPDP Telecommunications Standard Format 
    Version 3.2.
         Dental claim: ASC X12N 837--health care claim: dental, 
    version 3070 implementation.
         Professional claim: ASC X12N 837--health care claim: 
    Professional, version 3070 implementation and HCFA National Standard 
    Format (NSF), version 002.00.
        + Institutional claim: ASC X12N 837--health care claim: 
    institutional, version 3070 implementation and HCFA Uniform Bill (UB-
    92) version 4.1
    ii. Recommended Standards
        The four standards for claims or equivalent encounter information 
    we are proposing in this proposed rule are:
         Retail drug: NCPDP Telecommunications Standard Format 
    Version 3.2 and equivalent NCPDP Batch Standard Version 1.0.
        The NCPDP was formed in 1977 as the result of a Senate Ad Hoc 
    Committee to study standardization within the pharmacy industry. The 
    NCPDP was specifically named in HIPAA as a standards setting 
    organization accredited by ANSI. The first NCPDP Telecommunications 
    Standard was developed in 1988 and allowed pharmacists to process 
    claims in an interactive environment. The NCPDP developed the 
    Telecommunications Standard Format for electronic communication of 
    claims between pharmacy providers, insurance carriers, third-party 
    administrators, and other responsible parties. The standard addresses 
    the data format and content, the transmission protocol, and other 
    appropriate telecommunications requirements. The NCPDP received input 
    from all aspects of the prescription drug industry and designed the 
    standard to be easy to implement and flexible enough to respond to the 
    changing needs of the industry. The NCPDP also provides changes and 
    additions to the standard to support unique requirements included in 
    government mandates.
        The NCPDP telecommunications standard for claim and equivalent 
    encounter data is on-line interactive. There is also a batch 
    implementation of this standard, the NCPDP Batch Standard Version 1.0. 
    The
    
    [[Page 25288]]
    
    telecommunications standard data set includes eligibility/enrollment, 
    claim, and remittance advice information. When the transaction is 
    complete, the sending pharmacy knows whether the customer is covered by 
    the health plan, the health plan knows all of the details of the claim, 
    the pharmacy knows whether the claim will be paid, and how much it will 
    be paid, and any pertinent details regarding the amount of payment or 
    the reason for denial of payment. This standard met all 10 of the 
    criteria used to assess standards.
        Since retail drug claims are a specialized class and the NCPDP 
    structure contains claims, enrollment/eligibility and remittance advice 
    data, we did not recommend the ASC X12N 837 for the retail drug 
    standard.
         Dental claim: ASC X12N 837--Health Care Claim: Dental.
        The ADA recommended adoption of the ASC X12N 837, version 3070. 
    This standard met all of the criteria used to assess standards.
        Professional claim: ASC X12N 837--Health Care Claim: Professional.
        HHS consulted with external groups in accordance with the 
    legislation. These groups included the NCVHS, WEDI, the NUCC, the NUBC, 
    the ADA, and many others.
        In a letter, dated March 12, 1997, the NUCC stated,
    
        The NUCC recommends to the Secretary of HHS that the ANSI ASC 
    X12 837 transaction be adopted as a standard for electronically 
    transmitting professional claims or equivalent encounters, including 
    coordination of benefits information, as per the Administrative 
    Simplification provision of the HIPAA.
        The NUCC recommends that a migration plan be adopted to allow 
    current trading partners who use the National Standard format (NSF) 
    to convert to a standard NSF, which will be implemented by the 
    Secretary per the HIPAA, by February 2000 and to convert to the 
    standard ANSI ASC X12 837 by February 2003.
    
        The AMA also supported the NUCC recommendation. However, the NCVHS 
    and WEDI recommended adoption of the ASC X12N 837 transaction. The 
    claims implementation team decided that, since the NUCC was clear that 
    it wanted the ASC X12N 837 transaction in the end, it would be better 
    to invest in migrating to that, rather than support two standards and 
    take more time for the transition.
        Our recommendation takes into account the advice we received from 
    organizations that we consulted directly and indirectly and from those 
    who testified before the NCVHS subcommittee on Health Data Needs, 
    Standards, and Security. These organizations included entities 
    representing all parts of the health care industry--health care 
    providers, health plans, and vendors/clearinghouses--to which the 
    standard will apply.
        The ASC X12N 837 standard met all 10 criteria used to assess 
    standards. The NSF met 5 of the criteria. The NSF does not improve the 
    efficiency and effectiveness of the health care system (#1) because a 
    standard implementation does not exist. The NSF meets the needs of many 
    users, particularly Medicare, but not all of the needs of the user 
    community (#2). It is not supported by an ANSI-accredited SDO (#5). 
    There are no testing or implementation procedures in place (#6). Due to 
    its fixed-length structure, it does not incorporate flexibility to 
    adapt easily to change (#10).
        Institutional claim: ASC X12N 837--Health Care Claim--
    Institutional.
        HHS consulted with the groups identified under our discussion of 
    the standard for professional claims above in this section and also 
    consulted with the NUBC on the selection of an institutional standard. 
    In a letter dated March 11, 1997, the NUBC stated,
    
        The NUBC recommends the use of the EMC V.4 (UB-92) as the single 
    electronic standards transaction for institutional health claims and 
    encounters. We recommend the EMC V.4 for the following reasons:
    
    --Nearly all institutional providers already use the EMC V.4 with a 
    high level of success.
    --The EMC V.4 has been in full production for over four years.
    --There is no additional cost for providers to adopt the EMC V.4.
    --It reduces the risks associated with the adoption of a new, 
    complex and relatively untested transaction.
    --It allows for a more successful transition to the 837.
    
        We agree with HCFA that coordination of benefits transactions 
    (COB) do not require a fully separate transaction for the health 
    care claim or encounter. The NUBC also believes that the EMC V.4 
    should be used as the platform for transmitting COB data elements.
        At the present time, the NUBC cannot recommend the use of the 
    837 as the electronic institutional claim standard.
        We recommend that larger scale testing of the 837 proceed. Once 
    the transaction has proven that it can successfully handle the 
    claim/encounter, the NUBC will consider endorsing the 837 as a 
    successor standard.
    
        The American Hospital Association also supported NUBC's 
    recommendation. The NCVHS and WEDI recommended adoption of the ASC X12N 
    837 transaction.
        Due to the batch nature of the ASC X12N transactions, each 
    transaction type and its corresponding data elements are separated by 
    function. The adoption of the transactions for those functions (such as 
    claims and remittance advice), with the exception of the NCPDP 
    transaction, have all been recommended to be ASC X12N transactions. The 
    ASC X12N 837 met all 10 criteria used to assess the standards. The UB-
    92 met 5 of the criteria. The UB92 does not improve the efficiency and 
    effectiveness of the health care system (#1) because a standard 
    implementation does not exist. The UB92 is not supported by an ANSI-
    accredited SDO (#5). There are no testing or implementation procedures 
    in place (#6). The UB92 documentation is ambiguous in some instances 
    and not always precise (#8). Due to its fixed-length structure, it does 
    not incorporate flexibility to adopt easily to change (#10). The NUBC 
    stated it would consider the 837, once successfully tested. For these 
    reasons, we have concluded that the ASC X12N 837 should be adopted as 
    the standard format implementation of the institutional claim.
        For the most part, a health care provider would use only one of 
    these four health care claim implementations, although a large 
    institution might use the institutional claim for inpatient and 
    outpatient claims, the professional claim for staff physicians who see 
    private patients within the institution, and the retail pharmacy claim, 
    if applicable, which typically would be administered separately from 
    the rest of the institution.
        Data elements for the various standards and other information may 
    be found in Addendum 1.
    b. Requirements
        In Sec. 142.1102, we would specify the exact standards we are 
    adopting: the NCPDP Telecommunications Standard Format Version 3.2 and 
    equivalent NCPDP Batch Standard Version 1.0; the ASC X12N 837--Health 
    Care Claim: Dental, the ASC X12N 837--Health Care Claim: Professional, 
    and the ASC X12N 837--Health Care Claim: Institutional. We would 
    specify where to find the implementation guide and incorporate it by 
    reference.
        i. Health plans.
        In Sec. 142.1104, Requirements: Health plans, we would require 
    health plans to accept only the standards specified in Sec. 142.1102 
    for electronic health claims or equivalent encounter information.
        ii. Health care clearinghouses.
        We would require in Sec. 142.1106 that each health care 
    clearinghouse use the standard specified in Sec. 142.1102 for health 
    claims or equivalent encounter information transactions.
        iii. Health care providers.
    
    [[Page 25289]]
    
        In Sec. 142.1108, Requirements: Health care providers, we would 
    require each health care provider that transmits health claims and 
    encounter equivalent electronically to use the standard specified in 
    Sec. 142.1102.
    c. Implementation Guide and Source
        The source of implementation guides for the NCPDP telecommunication 
    claim version 3.2 and equivalent NCPDP Batch Standard Version 1.0 is 
    the National Council for Prescription Drug Programs, 4201 North 24th 
    Street, Suite 365, Phoenix, AZ, 85016; telephone 602-957-9105; FAX 602-
    955-0749. The web site address is: http://www.ncpdp.org.
        NCPDP standards are available to the public on a 3\1/2\'' diskette 
    for a fee. A set is defined as containing the Telecommunications 
    Standard, Standard Claims Billing Tape Format, Eligibility Verification 
    and Response, and Enrollment. Membership in the NCPDP is not a 
    requirement for obtaining the standards and associated implementation 
    guides. The website contains information and instructions for obtaining 
    these documents.
        The implementation guides for the ASC X12N standards are available 
    at no cost from the Washington Publishing Company site at the following 
    Internet address: http://www.wpc-edi.com/hipaa/.
        Users without access to the Internet may purchase implementation 
    guides from Washington Publishing Company directly: Washington 
    Publishing Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 
    20878; telephone 301-590-9337; FAX: 301-869-9460. The data definitions 
    and description of data conditions may also be obtained from this 
    website.
        The names of the implementation guides are:
    
    ASC X12N 837--Health Care Claim: Professional (004010X098)
    ASC X12N 837--Health Care Claim: Institutional (004010X096)
    ASC X12N 837--Health Care Claim: Dental (004010X097)
    2. Standard: Health Care Payment and Remittance Advice (Subpart L)
    [Please label any written comments or e-mailed comments about this 
    section with the subject: Payment]
    a. Background
        The filing of claims for reimbursement (especially when a large 
    number of patients have more than one insurer), control of those 
    claims, association of payments, denials or rejections received with 
    the patient records, posting of adjudication data to those records, 
    reconciliation of payments sent to financial institutions, and storage 
    and retrieval of patient accounts is a very labor intensive process 
    when conducted manually. The process is further complicated by the 
    diverse requirements and processes for activities such as billing, 
    payment, and notification of the large number of health plans, which 
    requires that health care provider staff stock multiple types of forms, 
    be trained in the variety of requirements, be able to interpret the 
    wide range of coding schemes used by each health plan, and maintain 
    billing and payment manuals for each health plan.
        We believe that automation can greatly reduce the labor required 
    for these processes, especially if every health plan becomes automated 
    around a standard model so that health care providers are not required 
    to deal with different requirements and software. Automation of the 
    payment and remittance advice process can provide many benefits: health 
    care providers can post claim decisions and payments to accounts 
    without manual intervention, eliminating the need for re-keying data; 
    payments can be automatically reconciled with patient accounts; and 
    resources are freed to address patient care rather than paper and 
    electronic administrative work.
        The ASC X12N Subcommittee established a workgroup in late 1991 to 
    develop the ASC X12N 835--Health Care Claim Payment/Advice, since there 
    was no existing standard capable of handling the large datasets 
    necessary for health care.
    i. Candidates for the Standards
        Prior to development of the ASC X12N 835, there were very few 
    electronic formats available for the health care claim payment and 
    remittance advice function. As researched by the HISB, existing 
    standards that could be considered for national implementation under 
    HIPAA for health care claim payment/remittance advice included:
        ASC X12N 835--Health Care Claim Payment/Advice, version 3070; ASC 
    X12N 820 Payment Order/Remittance Advice; and the National Standard 
    Format (NSF) for Remittance Version 2.0
    ii. Recommended Standard
        The standard for remittance advice proposed in this proposed rule 
    is the ASC X12N 835 Health Care Claim Payment/Advice.
        HHS chose this standard primarily because of advice received from 
    industry members. Health care providers and health plans in the ASC 
    X12N Subcommittee rejected the ASC X12N 820 due to its lack of health 
    care specific information for this function. The X12N 820 is used for 
    electronic payment of health insurance premiums by employers. Although 
    the NSF is used by a large number of Medicare providers, we rejected it 
    because it is not an ANSI-accredited standard and it lacks an 
    independent, nongovernmental body for maintenance.
        The ASC X12N 835 may be used in conjunction with payment systems 
    relying either on electronic funds transfer or the creation of paper 
    checks. It may be sent through the banking system or it may be split 
    with the electronic funds transfer portion directed to a bank, and the 
    data portion sent either directly or through a health care 
    clearinghouse to the individual for whom the funds are intended. If 
    paper checks are used, the entire transaction is sent either directly 
    or through a health care clearinghouse to the individual for whom the 
    funds are intended. In all cases, however, the health care provider may 
    use the electronic data in its own system, gaining efficiency by means 
    of automatic posting of patient accounts. Uniformity is just as 
    important as it is for health care claims, since there would be little 
    gain in efficiency for the health care provider who must adapt to 
    multiple formats and multiple data contents for remittance advice. This 
    transaction is suitable for use only in batch mode.
        HHS, based on recommendations, has determined that the ASC X12N 
    835--Health Care Claim Payment/Advice is the best candidate for 
    adoption under HIPAA. A wide range of the health care community 
    participated in its initial design, and the ASC X12N is ANSI-
    accredited. Whereas the NSF met 5 of the criteria against which we 
    evaluated the standards, the ASC X12N standards met all 10. The NSF 
    does not improve the efficiency and effectiveness of the health care 
    system (#1) because a standard implementation does not exist. The NSF 
    was developed primarily for Medicare and, therefore, does not meet all 
    of the needs of the user community (#2). It is not supported by an 
    ANSI-accredited SDO (#5). There are no testing or implementation 
    procedures in place (#6). Due to its fixed-length structure, it does 
    not incorporate flexibility to adapt easily to change (#10).
        Data elements for the standard and other information may be found 
    in Addendum 2.
    
    [[Page 25290]]
    
    b. Requirements
        In Sec. 142.1202, we would specify the ASC X12N 835 Health Care 
    Claim Payment/Advice (004010X091) as the standard for payment and 
    remittance advice transactions. We would also specify the source of the 
    implementation guide and incorporate it by reference.
        i. Health plans.
        In Sec. 142.1204, Requirements: Health plans, we would require 
    health plans to use only the standard specified in Sec. 142.1202 for 
    electronically transmitting payment and remittance advice transactions.
        ii. Health care clearinghouses.
        We would require in Sec. 142.1206 that each health care 
    clearinghouse use the standard specified in Sec. 142.1202 for payment 
    and remittance advice transactions.
    c. Implementation Guide and Source
        The implementation guide for the ASC X12N 835 (004010X091) is 
    available at no cost from the Washington Publishing Company site at the 
    following Internet address: http://www.wpc-edi.com/hipaa/.
        Users without access to the Internet may purchase implementation 
    guides from Washington Publishing Company directly: Washington 
    Publishing Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD 
    20878; telephone 301-590-9337; FAX: 301-869-9460. The data definitions 
    and description of data conditions may also be obtained from this 
    website.
    3. Standard: Coordination of Benefits (Subpart M)
    [Please label any written comments or e-mailed comments about this 
    section with the subject: COB]
    a. Background
        In an effort to provide better service to their customers, many 
    health plans have made arrangements with each other to send claims 
    electronically in the order of payment precedence, thus saving the 
    customer the process of waiting for another health plan's notice. Each 
    health plan in the chain wishes to see the original claim as well as 
    the details of its adjudication by prior health plans that dealt with 
    it. We believe that there should be a coordination of benefits standard 
    to facilitate the interchange of this information between health plans.
        Adoption of a standard for electronic transmission of standard data 
    elements among health plans for coordination of benefits and sequential 
    processing of claims would serve these goals expressed by the Congress. 
    Currently, the coordination of benefits for patients covered by 
    multiple health plans is a burdensome chore. The COB transaction 
    differs somewhat from the others because there are two models in 
    existence for conducting it. The first model is provider-to-plan, where 
    the provider submits the claim to the primary insurer, receives 
    payment, and resubmits the claim (with the remittance advice from the 
    primary insurer) to the secondary insurer. The second model is plan-to-
    plan, where the provider supplies the primary insurer with information 
    needed for the primary insurer to then submit the claim directly to the 
    secondary insurer. The choice of model has been made between the 
    providers and plans. Where the first model is used, the primary insurer 
    essentially has no role in the COB transaction. Put another way, in the 
    first model there is no separate COB transaction. Instead, the COB 
    function is accomplished by a health care provider submitting a series 
    of individual claims. This succession of transactions from health care 
    provider to primary health plan to health care provider to secondary 
    health plan, which often involves the production, reproduction, and 
    mailing of paper forms and multiple claim formats, is time consuming 
    and administratively costly. In some instances, it becomes even more 
    burdensome when the provider shifts responsibility for these 
    administrative tasks to the patient. Health plans have been unwilling 
    to take on the full responsibility for coordinating benefits because of 
    the many different forms and formats used for these transactions.
        Administrative simplification and electronic standards can simplify 
    and smooth this onerous process. The four products of administrative 
    simplification--(1) The uniform standards for electronic claims 
    submissions; (2) an electronic transmission standard for coordination 
    of benefits; (3) a uniform national standard for the data elements 
    necessary for coordination of benefits among health plans; and (4) 
    uniform health plan and provider identification numbers to efficiently 
    route electronic transactions--would combine to remove the barriers 
    that health plans currently face in carrying out transactions. These 
    products would facilitate the process of the second model, direct 
    health plan to health plan coordination of benefits. Once these 
    standards are implemented, coordination of benefits could be completed 
    without provider or patient intervention and at a lower cost to all 
    parties than under current practice.
        Primary insurers are not required to participate in COB 
    transactions as described in the second model. If, however, a plan does 
    conduct COB through the second model, then it would be required to use 
    the standard format. Primary insurers may determine whether they wish 
    to participate in COB transactions (i.e., use the second model) based 
    on their normal business practices. Where primary insurers do perform 
    COB (using the second model) they must conduct the transaction 
    electronically as standard transactions.
        The ASC X12N 837 Health Care Claim (refer to E.1. above) is 
    designed to facilitate coordination of benefits. Each health plan 
    responsible for the claim passes the claim on to the next health plan 
    responsible for the claim. This transaction describes the original 
    claim and how previous health plans adjudicated the claim. In October 
    1994, the ASC X12N Subcommittee modified the ASC X12N 837 Health Care 
    Claim to fully support coordination of benefits.
    i. Candidates for the Standard
        a. Retail drug: NCPDP Telecommunications Standard Format version 
    3.2.
        b. Dental claim: ASC X12N 837--Health Care Claim: Dental, version 
    3070.
        c. Professional claim: ASC X12N 837--Health Care Claim: 
    Professional, version 3070.
        d. Institutional claim: ASC X12N 837--Health Care Claim: 
    Institutional, version 3070; and the Uniform Bill (UB-92) version 4.1.
    ii. Recommended Standard
        The standards for the coordination of benefits exchange we are 
    proposing are:
        a. Retail drug: NCPDP Telecommunications Standard Format version 
    3.2 and the equivalent NCPDP Batch Standard Version 1.0.
        b. Dental claim: ASC X12N 837--Health Care Claim: Dental 
    (004010X097).
        c. Professional claim: ASC X12N 837--Health Care Claim: 
    Professional (004010X098).
        d. Institutional claim: ASC X12N 837--Health Care Claim: 
    Institutional (004010X096).
        Since all recommended transactions for claims or equivalent 
    encounters and the remittance advice are ASC X12N, with the exception 
    of the NCPDP, it was determined that this transaction was the best 
    candidate for national implementation, as it will increase the 
    synergistic effect of the other ASC X12N standards.
        All health plans who perform COB, using the second model described 
    above, would have to send and receive these standards for coordination 
    of benefits. The data elements added to
    
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    explain the prior payments on the claim are shown in the implementation 
    guide, data conditions, and data dictionary. This transaction 
    accommodates coordination of benefits through the tertiary health plan. 
    The NCPDP telecommunication claim version 3.2 is interactive. The three 
    X12 standards are designed for use only in batch mode.
        HHS chose these standards primarily because of advice received from 
    industry members.
        Data elements for the various standards and other information may 
    be found in Addendum 3.
    b. Requirements
        In Sec. 142.1302, we would specify the following as the standards 
    for coordination of benefits: the NCPDP Telecommunications Standard 
    Format Version 3.2 and equivalent NCPDP Batch Standard Version 1.0; the 
    ASC X12N 837--Health Care Claim: Dental (004010X097); the ASC X12N 
    837--Health Care Claim: Professional (004010X098); and the ASC X12N 
    837--Health Care Claim--Institutional (004010X096). We would specify 
    where to find the implementation guide and incorporate it by reference.
        i. Health plans.
        In Sec. 142.1304, Requirements: Health plans, we would require 
    health plans who perform COB to use only the standards specified in 
    Sec. 142.1302 for electronic coordination of benefits transactions.
        ii. Health care clearinghouses.
        We would require in Sec. 142.1306 that each health care 
    clearinghouse use the standards specified in Sec. 142.1302 for 
    coordination of benefits.
    c. Implementation Guide and Source
        The source of implementation guides for the NCPDP telecommunication 
    claim version 3.2 and equivalent Standard Claims Billing Tape Format is 
    the National Council for Prescription Drug Programs, 4201 North 24th 
    Street, Suite 365, Phoenix, AZ, 85016; Telephone 602-957-9105, FAX 602-
    955-0749. The web site address is: http://www.ncpdp.org. NCPDP 
    standards are available to the public on a 3\1/2\'' diskette. A set is 
    defined as containing the Telecommunications Standard, Standard Claims 
    Billing Tape Format, Eligibility Verification and Response, and 
    Enrollment. Membership in the NCPDP is not a requirement for obtaining 
    the standards and associated implementation guides. The website 
    contains information and instructions for obtaining these formats.
        The implementation guides for the three ASC X12N health care claim 
    standard implementations are available at no cost from the Washington 
    Publishing Company site at the following Internet address: http://
    www.wpc-edi.com/hipaa/. The data definitions and description of data 
    conditions may also be obtained from this website.
        Users without access to the Internet may purchase implementation 
    guides from Washington Publishing Company directly. Washington 
    Publishing Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 
    20878; Telephone 301-590-9337; FAX: 301-869-9460.
        The names of the implementation guides are:
    
    ASC X12N 837--Health Care Claim: Professional (004010X098)
    ASC X12N 837--Health Care Claim: Institutional (004010X096)
    ASC X12N 837--Health Care Claim: Dental (004010X097)
    4. Standard: Health Claim Status (Subpart N)
    [Please label any written comments or e-mailed comments about this 
    section with the subject: Status]
    a. Background
        Health care providers need the ability to obtain up to date 
    information on the status of claims submitted to health plans for 
    payment, and the health plans need a mechanism to respond to these 
    requests for information. The current processes are complicated by the 
    diverse processes within health plan adjudication systems, which permit 
    nonstandard information to be provided on the status of claims 
    submitted. Most health care providers currently request claims status 
    information manually. This requires health plans to provide information 
    through various procedures that are costly and time consuming for all.
        With the paper model of claims processing, inquirers who want to 
    know the status of a claim they have submitted to a health plan call 
    the health plan. An operator looks up the status via computer terminal 
    or some other means and explains the status to the caller. The health 
    claim status tells the inquirer whether the claim has been received, 
    whether it has been paid, or whether it is stopped in the system 
    because of edit failures, suspense for medical review or some other 
    reason.
        Many health plans have devised their own electronic claims status 
    transactions since this is a function that is cheaper, easier, and 
    faster to do electronically. This transaction eases administrative 
    burden for both health plan and health care provider.
        The ASC X12N Subcommittee established a workgroup (Workgroup 5 
    Claims Status) to develop a standard implementation with standard data 
    content for all users of the ASC X12N 276/277 Health Care Claim Status 
    Request and Response (004010X093).
        The ASC X12N 276 is used to transmit request(s) for status of 
    specific health care claim(s). Authorized entities involved with 
    processing the claim need to track the claim's current status through 
    the adjudication process. The purpose of generating an ASC X12N 276 is 
    to obtain the current status of the claim. Status information can be 
    requested at various levels. The first level would be for the entire 
    claim. A second level of inquiry would be at the service line level to 
    obtain status of a specific service within the claim.
        The ASC X12N 277 Health Care Claim Status Response is used by the 
    health plan to transmit the current status within the adjudication 
    process. This can include status in various locations within the 
    adjudication process, such as pre-adjudication (accepted/rejected claim 
    status), claim pending development, suspended claim(s) information, and 
    finalized claims status.
        Prior to the development of the ASC X12N 276/277 Health Care Claim 
    Status Request and Response, there were very few proprietary or other 
    electronic formats available for this type of claims status, and none 
    were in widespread use. No existing standard was accepted for national 
    use by the health care community. As researched by the HISB, only one 
    standard could be considered for national implementation under HIPAA 
    for health care claim status request and response: the ASC X12N 276/277 
    Health Care Claim Status Request and Response, version 3070.
    i. Candidates for the Standard
        The candidate standard for health care claim status is:
        ASC X12N 276/277 Health Care Claim Status Request and Response, 
    version 3070.
    ii. Standard Selected
        We propose to adopt ASC X12N 276/277 Health Care Claim Status 
    Request and Response (004010X093), as the national standard for uniform 
    use by health plans and health care providers for health care claims 
    status.
        HHS chose this standard primarily because of advice received from 
    industry members. It met all 10 of the criteria used for assessing 
    standards.
        Data elements for the standard, and other information, may be found 
    in Addendum 4.
    
    [[Page 25292]]
    
    b. Requirements
        In Sec. 142.1402, we would specify the following as the standard 
    for health care claims status: ASC X12N 276/277 Health Care Claim 
    Status Request and Response (004010X093). We would specify where to 
    find the implementation guide and incorporate it by reference.
        i. Health plans.
        In Sec. 142.1404, Requirements: Health plans, we would require 
    health plans to use only the standards specified in Sec. 142.1402 for 
    electronic health care claims status transactions.
        ii. Health care clearinghouses.
        We would require in Sec. 142.1406 that each health care 
    clearinghouse use the standards specified in Sec. 142.1402 for health 
    care claims status.
        iii. Health care providers.
        In Sec. 142.1408, Requirements: Health care providers, we would 
    require each health care provider that transmits health care claim 
    status requests electronically to use standards specified in 
    Sec. 142.1402 for those transactions.
    c. Implementation Guide and Source
        The implementation guide for the standard is available at no cost 
    from the Washington Publishing Company site at the following Internet 
    address: http://www.wpc-edi.com/hipaa/. The data definitions and 
    description of data conditions may also be obtained from this website.
        Users without access to the Internet may purchase implementation 
    guides from Washington Publishing Company directly: Washington 
    Publishing Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 
    20878; telephone 301-590-9337; FAX: 301-869-9460.
    5. Standard: Enrollment and Disenrollment in a Health Plan (Subpart O)
    [Please label any written comments or e-mailed comments about this 
    section with the subject: Enrollment]
    a. Background
        Currently, employers and other sponsors conduct transactions with 
    health plans to enroll and disenroll subscribers and other individuals 
    in a health insurance plan. The transactions are rarely done 
    electronically.
        However, the ASC X12 834, Benefit Enrollment and Maintenance has 
    been in widespread use within the insurance industry at large since 
    February 1992 when ANSI approved it as a draft standard for trial use. 
    Variants of this transaction standard have been widely used by 
    employers to advise insurance companies of enrollment and maintenance 
    information on their employees for insurance products other than 
    health. It has rarely been used within the health care industry.
        i. Candidates for the Standard.
        According to the inventory conducted for HHS by the HISB, only two 
    standards developed and maintained by a standards developing 
    organization for the enrollment transaction exist. The first is the 
    ANSI ASC X12 834. The second is the Member Enrollment Standard 
    developed by the NCPDP.
        ii. Recommended Standard.
        The ANSI ASC X12 834--Benefit Enrollment and Maintenance is the 
    standard proposed for electronic exchange of individual, subscriber, 
    and dependent enrollment and maintenance information between sponsors 
    and health plans, either directly or through a vendor, such as a health 
    care clearinghouse. In some instances, this transaction may be used 
    also to exchange enrollment and maintenance information between 
    sponsors and health care providers or between health plans and health 
    care providers.
        The NCPDP standard, which was developed to enhance the enrollment 
    verification process for pharmaceutical claims, rather than for 
    transmitting information between health plan and sponsor, is not being 
    proposed for adoption in this rule. The NCPDP standard pertains to 
    these specific uses and is therefore not suitable in its current form 
    for the more general uses needed for the enrollment transaction.
        With the implementation of the ASC X12 834 for health care, 
    sponsors would be able to transmit information on enrollment and 
    maintenance using a single, electronic format; health plans would be 
    required to accept only the standard transaction; neither sponsors nor 
    health plans would have to continue to maintain and use multiple 
    proprietary formats or resort to paper.
        Adoption of this standard would benefit sponsors, especially, by 
    providing them the ability to convert to electronic transmission 
    formats where paper is still being used today. Many of these sponsors 
    already use X12 standards in their core business activities (for 
    example, purchasing) unrelated to the provision of health care benefits 
    to employees. The utility of this particular standard for health care 
    transactions would be synergistic when considered in combination with 
    the other standards in this proposed rule (for example, ASC X12 820) 
    and other rules (PAYERID, national provider identifier) promulgated 
    under HIPAA.
        In addition to being the only relevant standard for the enrollment 
    and maintenance process designed for use by sponsors, the ANSI ASC X12 
    834 met all of the 10 criteria deemed to be applicable in evaluating 
    this potential standard.
        1. It will improve the efficiency of enrollment transactions by 
    prescribing a single, standard format.
        2. It was designed to meet the needs of health care providers, 
    health plans, and health care clearinghouses by virtue of its 
    development within the ASC X12 consensus process, in which 
    representatives of health care providers, health plans, and health care 
    clearinghouses participate.
        3. It is consistent with the other X12 standards detailed in this 
    proposed rule.
        4. Its development costs are relatively low, given the ASC X12 
    development process; its implementation costs would be relatively low 
    as it can be implemented along with a suite of X12 transaction sets, 
    often with a single translator.
        5. It was developed and will be maintained by the ANSI-accredited 
    standards setting organization ASC X12.
        6. It is ready for implementation, with the official implementation 
    guide to which we refer in Addendum G to this proposed rule.
        7. It was designed to be technology neutral by ASC X12.
        8. Precise and unambiguous definitions for each data element in the 
    transaction set are documented in the implementation guides.
        9. The transaction is designed to keep data collection requirements 
    as low as is feasible.
        10. All X12 transactions, including the X12 834, are designed to 
    make it easy to accommodate constantly changing business requirements 
    through flexible data architecture and coding systems.
        iii. Uses of the ANSI ASC X12 834.
        Transaction data elements in the implementation guide for the ASC 
    X12 834 are defined as either required or conditional, where the 
    conditions are clearly stated. This transaction would be used to enroll 
    and disenroll not only the subscriber, but also any covered dependents. 
    In some instances, this would be an enhancement to enrollment 
    information maintained by sponsors or health plans, compared with the 
    common practice today of maintaining detailed records on the subscriber 
    alone. In an increasingly value-conscious health care environment, 
    detailed information on subscribers and covered dependents is necessary 
    for the effective management of their health care utilization.
        Administrative and financial health care transactions such as the 
    ASC X12 834 enrollment transaction may have
    
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    other, secondary uses that may be important to consider as well. For 
    example, secondary uses of health care claims data are common and 
    include analyses of health care utilization, quality, and cost. The ASC 
    X12 834 enrollment transaction has been discussed (for example, by the 
    NCVHS) as a means to collect demographic information on individuals for 
    use by public health, State data organizations, and researchers. 
    Typically, demographic data elements would be used in combination with 
    information obtained from other health care transactions, such as 
    health care claims and equivalent encounter transactions, and from 
    other sources.
        Proponents of this approach and these uses have expressed their 
    beliefs that the enrollment transaction includes patient demographic 
    data elements and that this would provide more reliable data on patient 
    demographics than are available currently from health care claims and 
    encounter databases. Proponents also believe that the availability of 
    demographic information is in jeopardy because the X12 837 health care 
    claim transaction proposed elsewhere in this rule includes minimal 
    patient demographic data elements. The use of this standard would be a 
    change from current practice in many States where the health care claim 
    is the vehicle for collecting such information. Some proponents also 
    have indicated a desire to expand the number of demographic data 
    elements contained in the ASC X12 834 enrollment transaction to serve 
    these secondary uses.
        Opponents of this approach argue that the ASC X12 834 enrollment 
    transaction is not a suitable vehicle for collecting demographic 
    information for these secondary purposes. They also assert that such 
    information would never be available on the uninsured and, since there 
    is no obligation on the part of sponsors to adopt the electronic 
    transactions, would be only intermittently available on the insured. 
    They also state that, although some demographic elements are already 
    contained in the ASC X12 834 enrollment transaction, no business need 
    has been identified that would support the addition of other such data 
    elements. Finally, the opponents argue that secondary uses, while 
    legitimate, should not be allowed to subvert the primary purposes of 
    these transactions nor the goal of administrative simplification.
        We welcome comments on the practical utility of the ASC X12 834 
    enrollment transaction as a vehicle for collecting demographic 
    information on individuals and its value as an adjunct to claims and 
    encounter data in this regard.
        The data elements for this transaction, and other information, may 
    be found in Addendum 5.
    b. Requirement
        In Sec. 142.1502, we would specify the ASC X12 834 Benefit 
    Enrollment and Maintenance (004010X095) as the standard for enrollment 
    and disenrollment transactions. We would also specify the source of the 
    implementation guide and incorporate it by reference.
        i. Health plans.
        In Sec. 142.1504, Requirements: Health plans, we would require 
    health plans to use only the standard specified in Sec. 142.1502 for 
    electronic enrollment and disenrollment transactions.
        ii. Health care clearinghouses.
        We would require in Sec. 142.1506 that each health care 
    clearinghouse use the standard specified in Sec. 142.1502 for 
    enrollment and disenrollment transactions.
         iii. Sponsors.
        There would be no requirement for sponsors to use the standard: 
    they are not one of the entities subject to the requirements of HIPAA. 
    However, to the extent a sponsor uses an electronic standard, it would 
    benefit that sponsor to use the standard we adopt for the reasons 
    discussed earlier. In addition, HIPAA contains no provisions that would 
    prohibit a health plan requiring sponsors with which its conducts 
    transactions electronically to use the adopted standard.
    c. Implementation Guide and Source
        The implementation guide for the ASC X12N 834 (004010X095) is 
    available at no cost from the Washington Publishing Company site on the 
    World Wide Web at the following address: http://www.wpc-edi.com/hipaa/. 
    The data definitions and description of data conditions may also be 
    obtained from this website.
        Users without access to the Internet may purchase implementation 
    guides from Washington Publishing Company directly. Washington 
    Publishing Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 
    20878; telephone 301-590-9337; FAX: 301-869-9460.
    6. Standard: Eligibility for a Health Plan (Subpart P)
    [Please label any written comments or e-mailed comments about this 
    section with the subject: Eligibility]
    a. Background
        Often, health care providers may need to verify not only that a 
    patient has health insurance coverage but also what specific benefits 
    are included in that coverage. Having such information helps the health 
    care provider to collect correct patient deductibles, co-insurance 
    amounts, and co-payments and to provide an accurate bill for the 
    patient and all pertinent health plans, including secondary payers.
        In addition, simple economics dictates that the out-of-pocket cost 
    to the patient may affect treatment choices. The best case is when 
    there are two equally effective treatment options and coverage is only 
    available for one. More often, the question may be whether a particular 
    treatment is covered or not. Here is an example: Jane Doe has cancer 
    and a bone marrow transplant is the treatment of last resort. Since 
    insurance coverage does not extend to ``experimental therapies,'' the 
    question becomes: Does Jane's insurance cover a bone marrow transplant 
    for her diagnosis? If she has leukemia, the treatment may be covered; 
    if she has cervical cancer, it may not be. Whether Jane could afford to 
    pay out-of-pocket for such a treatment could affect her treatment 
    choice.
        The value of eligibility information is enhanced if it can be 
    acquired quickly. Traditional methods of communication (that is, by 
    phone or mail) are highly inefficient. Patients and health plans find 
    it disturbing when the deductible and co-pays are not correctly 
    applied.
        When insurance inquiries of this sort are transmitted 
    electronically, health care providers can receive the information from 
    the health plan almost immediately. However, in current practice, each 
    health plan may require that the health care provider's request be in a 
    preferred format, which often does not match the format required by any 
    other health plan. This means that the health care provider must 
    maintain the hardware and software capability to send multiple inquiry 
    formats and receive multiple response formats. Because of this 
    situation, adoption of electronic methods for inquiries has been 
    inhibited, and reliance on paper forms or the telephone for such 
    inquiries has continued.
    i. Candidates for the Standard
        The HISB developed an inventory of health care information 
    standards to be considered by the Secretary of HHS in the adoption of 
    standards. The ANSI ASC X12N 270--Health Care Eligibility Benefit 
    Inquiry and companion 271--Health Care Eligibility Benefit Response, 
    the ASC X12N Interactive Health Care Eligibility/Benefit Inquiry 
    (IHCEBI) and its companion the Interactive Health Care Eligibility/
    Benefit Response
    
    [[Page 25294]]
    
    (IHCEBR), the NCPDP Telecommunications Standard Format, and the NCPDP 
    Telecommunication Claim Standard for Pharmaceutical Professional 
    Services are the standards available for the electronic exchange of 
    patient eligibility and coverage information.
    ii. Recommended Standard
        We propose to adopt the ANSI ASC X12N 270--Health Care Eligibility 
    Benefit Inquiry and the companion ASC X12N 271--Health Care Eligibility 
    Benefit Response as the standard for the eligibility for a health plan 
    transaction.
        When evaluated against the criteria (discussed earlier) for 
    choosing a national standard, the ASC X12 Transaction Sets 270/271 met 
    the criteria more often than did the ASC X12 interactive or the NCPDP 
    transactions. The ASC X12N 270/271 transaction set is supported by an 
    accredited standards setting organization ASC X12 (criteria #5). By 
    comparison with the alternatives, the ASC X12N 270/271 would have 
    relatively low additional development and implementation costs and 
    would be consistent with other standards in this proposed rule 
    (criteria #4 and #3). The NCPDP standards, because they are specific to 
    pharmacy transactions, were rejected because they would not meet the 
    needs of the rest of the health care system (criteria #2), whereas the 
    ASC X12N 270/271 would.
        The X12N subcommittee and its Workgroup 1, which is responsible for 
    the eligibility transaction, recommended in June 1997 that the ASC X12N 
    270/271 be adopted as the HIPAA standard (criteria #5).
        There are specific, technical reasons against adoption of the 
    IHCEBI/IHCEBR at this time. The IHCEBI/IHCEBR is based on UNEDIFACT, 
    not ASC X12N, syntax. Because of concurrent changes in UNEDIFACT design 
    rules, the IHCEBI/IHCEBR is not a complete or consistent standard. It 
    has not been classified by UNEDIFACT as ready to implement. In X12N, 
    the current version of IHCEBI/IHCEBR is 3070, and we believe that 
    current use is centered on a prior version (3051), which is not 
    millennium compliant. The IHCEBI/IHCEBR transaction is not ready to be 
    moved into version 4 (4010), as are the other transactions being 
    recommended in this proposed rule. We also believe that current use is 
    quite limited, and not consistent across users; in effect, current uses 
    of this transaction have been implemented in proprietary format(s). For 
    all these reasons, the ICHEBI/ICHEBR is neither technically ready nor 
    stable and cannot be recommended as a standard at this time. Thus, the 
    IHCEBI/IHCEBR would require higher additional development and 
    implementation costs (criteria #4), and they would not be consistent or 
    uniform with the other standards selected (criteria #3).
        If an interactive eligibility transaction standard were ratified by 
    an accredited standards setting organization sometime in the future, 
    then it could be considered for adoption as a HIPAA standard. However, 
    at this time, we expect that any future standard for an interactive 
    eligibility transaction is likely to differ substantially from the 
    current IHCEBI/IHCEBR and the time to readiness could be substantial as 
    well (criteria #6).
        The goal of administrative simplification, as expressed in the law, 
    is to improve the efficiency and effectiveness of the health care 
    system (criteria #1). Whereas it might seem that the interactive 
    message would yield greater efficiencies in terms of time saved, 
    similar efficiencies are available with the ASC X12N 270/271. In fact, 
    the ASC X12N 270 can be used to submit a single eligibility inquiry 
    electronically for a very quick turnaround 271 response. Response 
    times, measured in seconds, would compare favorably to a true 
    ``interactive'' transaction and would be a substantial improvement over 
    telephone inquiries or paper methods of eligibility determination.
        Transactions concerning eligibility for a health plan would be used 
    only to verify the patient's eligibility and benefits; they would not 
    provide a history of benefit use. The electronic exchange using these 
    standards would occur usually between health care providers and health 
    plans, but the standard would support electronic inquiry and response 
    among other entities. In addition to uses by various health care 
    providers (for example, hospitals, laboratories, and physicians), the 
    ASC X12N 270/271 can be used by an insurance company, a health 
    maintenance organization, a preferred provider organization, a health 
    care purchaser, a professional review organization, a third-party 
    administrator, vendors (for example, billing services), service bureaus 
    (such as value-added networks), and government agencies (Medicare, 
    Medicaid, and CHAMPUS).
        The eligibility transaction is designed to be used for simple 
    status requests as well as more complex requests that may be related to 
    specific clinical procedures. General requests might include queries 
    for: all benefits and coverage conditions, eligibility status (whether 
    the patient is active in the health plan), maximum benefits (policy 
    limits), exclusions, in-plan/out-of-plan benefits, coordination of 
    benefits information, deductibles, and copayments. Specific requests 
    might include procedure coverage dates; procedure coverage maximum; 
    amounts for deductible, co-insurance, co-payment, or patient 
    responsibility; coverage limitations; and noncovered amounts.
        Another part of the ASC X12N 271 is designed to handle requests for 
    eligibility ``rosters,'' which are essentially lists of entities--
    subscribers and dependents, health care providers, employer groups, 
    health plans--and their relationships to each other. For example, this 
    transaction might be used by a health plan to submit a roster of 
    patients to a health care provider to designate a primary care 
    physician or to alert a hospital about forthcoming admissions. We are 
    not recommending this use of the ASC X12N 270/271 at this time because 
    the roster implementation guide is not millennium compliant and the 
    standards development process for the implementation guide is not 
    completed. After the standards development process for the roster 
    implementation guide is completed, it may be considered for adoption as 
    a national standard.
        The data elements for this transaction, and other information, may 
    be found in Addendum 6.
    b. Requirements
        i. Health plans.
        In Sec. 142.1604, Requirements: Health plans, we would require 
    health plans to use only the standard specified in Sec. 142.1602 for 
    electronic eligibility transactions.
        ii. Health care clearinghouses.
        We would require in Sec. 142.1606 that each health care 
    clearinghouse use the standard specified in Sec. 142.1602 for 
    eligibility transactions.
        iii. Health care providers.
        In Sec. 142.1608, Requirements: Health care providers, we would 
    require each health care provider that transmits any health plan 
    eligibility transactions electronically to use the standard specified 
    in Sec. 142.1602 for those transactions.
    c. Implementation Guide and Source
        The implementation guide is available for the ASC X12N 270/271 
    (004010X092) at no cost from the Washington Publishing Company site on 
    the World Wide Web at the following address: http://www.wpc-edi.com/
    hipaa/. The data definitions and
    
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    description of data conditions may also be obtained from this website.
        Users without access to the Internet may purchase implementation 
    guides from Washington Publishing Company directly. Washington 
    Publishing Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 
    20878; telephone 301-590-9337; FAX: 301-869-9460.
    7. Standard: Health Plan Premium Payment (Subpart Q)
    [Please label any written comments or e-mailed comments about this 
    section with the subject: Premium]
    a. Background
        Electronic payment methods have become commonplace for consumers 
    who pay their monthly mortgage, power, or telephone bills 
    electronically. Yet, electronic payment of health insurance premiums by 
    employers is not common at all.
        Adoption of a standard for electronic payment of health plan 
    premiums would benefit employers and other sponsors, especially, by 
    providing the opportunity to convert to a single electronic 
    transmission format where paper forms and premium payment formats may 
    vary from health plan to health plan. Many of these sponsors already 
    use X12 standards in their core business activities (for example, 
    purchasing) unrelated to the provision of health care benefits to 
    employees. Federal and State governments when acting as employers and 
    other government agencies that transmit premium payments to outside 
    organizations (for example, State Medicaid agencies that pay premiums 
    to outside organizations such as managed care organizations) would also 
    benefit from these electronic transactions.
        i. Candidates for Standard.
        According to the inventory conducted for HHS by the HISB, only one 
    standard developed and maintained by a standards developing 
    organization for health plan premium payment transaction exists. It is 
    the ASC X12 820--Payment Order/Remittance Advice.
        ii. Recommended Standard.
        The standard we are proposing to adopt for health plan premium 
    payment transactions is the ASC X12 820--Payment Order/Remittance 
    Advice. If we adopt the ASC X12 820, health plans would be able to 
    transmit premium payments either as a summary payment or with 
    individual payment detail, or as payment amount and adjustment amount, 
    using a single, electronic format. Health plans would be required to 
    accept the standard transaction as the electronic transmission; neither 
    sponsors nor health plans would have to continue to maintain and use 
    multiple proprietary premium payment formats or resort to paper.
        Although the premium order/remittance advice (ASC X12 820), used 
    for health plan premium payments, can be paired with the ASC X12N 811--
    Consolidated Service Invoice/Statement, which is used for health plan 
    premium billing, our proposal and the focus of the statute is on a 
    standard only for health plan premium payments.
        In addition to being the only relevant standard designed for use by 
    sponsors, the ANSI ASC X12 820 met 9 of the 10 criteria deemed to be 
    applicable in evaluating this potential standard. It would improve the 
    efficiency of premium payment transactions by prescribing a single, 
    standard format. It was designed to meet the needs of health care 
    providers, health plans, and health care clearinghouses by virtue of 
    its development within the ASC X12 consensus process, in which 
    representatives of health care providers, health plans, and health care 
    clearinghouses participate. It is consistent with the other ASC X12 
    standards detailed in this proposed rule. Its development costs are 
    relatively low, given the X12 development process; its implementation 
    costs would be relatively low as it can be implemented along with a 
    suite of X12 transaction sets, often with a single translator. It was 
    developed and will be maintained by the ANSI-accredited standards 
    setting organization X12. It is ready for implementation, with the 
    official implementation guide to which we refer in Addendum 7 to this 
    proposed rule. It was designed to be technology neutral by X12. Precise 
    and unambiguous definitions for each data element in the transaction 
    set are documented in the implementation guides.
        The ANSI ASC X12 820--Payment Order/Remittance Advice is currently 
    used in applications other than health care. However, it is currently 
    not in widespread use in the health insurance industry because most 
    health plan premium payments are not done electronically. However, some 
    large organizations are using the ASC X12 820 to meet other business 
    requirements, such as automated purchasing. The ASC X12 820 is used in 
    the health care industry for premium payment information exchanged 
    between the sponsor and the health plan; it should not be confused with 
    the ASC X12 834, which includes additional nonpremium payment 
    information. The ASC X12 820 is not intended to be used to carry 
    enrollment or other eligibility information.
        The data elements for this transaction, and other information, may 
    be found in Addendum 7.
    b. Requirements
        In Sec. 142.1702, we would specify the following as the standard 
    for health plan premium payment: ASC X12 820--Payment Order/Remittance 
    Advice (004010X061). We would specify where to find the implementation 
    guide and incorporate it by reference.
        i. Health plans.
        In Sec. 142.1704, Requirements: Health plans, we would require 
    health plans to accept only the standard specified in Sec. 142.1702 for 
    electronic health plan premium payments.
        ii. Health care clearinghouses.
        We would require in Sec. 142.1706 that each health care 
    clearinghouse use the standards specified in Sec. 142.1702 for health 
    plan premium payment transactions.
        iii. Sponsors.
        There would be no requirement for sponsors to use the standard: 
    they are not one of the entities subject to the requirements of HIPAA. 
    However, to the extent a sponsor uses an electronic standard, it would 
    benefit that sponsor to use the standard we adopt for the reasons 
    discussed earlier. In addition, HIPAA contains no provisions that would 
    prohibit a health plan requiring sponsors with which its conducts 
    transactions electronically to use the adopted standard.
    c. Implementation Guide and Source
        The implementation guide for this transaction is the ASC X12N 820--
    Payroll Deducted and Other Group Premium Payment for Insurance Products 
    (004010X061).
        The implementation guide is available at no cost from the 
    Washington Publishing Company site on the World Wide Web at the 
    following address: http://www.wpc-edi.com/hipaa/.
        Users without access to the Internet may purchase implementation 
    guides from Washington Publishing Company directly. Washington 
    Publishing Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 
    20878; telephone 301-590-9337; FAX: 301-869-9460.
    8. Standard: Referral Certification and Authorization (Subpart R)
    [Please label any written comments or e-mailed comments about this 
    section with the subject: Referral]
    a. Background
        Increasingly, the delivery of health care is focused on achieving 
    greater
    
    [[Page 25296]]
    
    value from each health care dollar, and rigorous monitoring of health 
    care utilization has become a common method adopted by health plans for 
    achieving their value goals. Traditional methods of communication 
    between health care providers and health plans or their designates, 
    which rely on a combination of paper forms and telephone calls, are 
    neither efficient nor cost effective and may impede the delivery of 
    care. The burden and inefficiencies of these communications could be 
    reduced by the adoption of standardized and electronic methods for 
    making the requests and receiving responses.
        i. Candidates for Standard.
        According to the inventory of standards produced by the HISB for 
    HHS, there is only one standard available for referral certification 
    and authority. It is the ASC X12N 278, Health Care Services Review 
    Information.
        ii. Recommended Standard.
        The ANSI ASC X12N 278--Health Care Services Review Information is 
    the standard proposed for electronic exchange of requests and responses 
    between health care providers and review organizations.
        These exchanges of information can be initiated by either the 
    health care provider or the health plan. The health care provider 
    requests from a designated review entity authorization or certification 
    for a patient to receive a particular health care service. In turn, the 
    review entity receives and responds to the health care provider's 
    request. In addition to direct electronic inquiry and response, the ASC 
    X12N 278 can be used in connection with point of service terminals.
        Many different types of organizations may act as a review entity in 
    such an exchange. These include health plans, insurance companies, 
    health maintenance organizations, preferred provider organizations, 
    health care purchasers, managed care organizations providing coverage 
    to Medicare and Medicaid beneficiaries, professional review 
    organizations, other health care providers, and benefit management 
    organizations, to name a few.
        These requests and responses may pertain to many different health 
    care events, including reviews for: treatment authorization, specialty 
    referrals, pre-admission certifications, certifications for health care 
    services (such as home health and ambulance), extension of 
    certifications, and certification appeals.
        As with all the other ASC X12 transactions being proposed in this 
    rule, the ASC X12N 278 was developed with widespread input from health 
    care industry representatives in a consensus process taking into 
    account business needs. Further, the standard is fully compatible with 
    the other ASC X12 standards and can be translated to and from native 
    application systems using off-the-shelf software (commonly referred to 
    as ``translators'') that is readily available and used by all 
    industries utilizing ASC X12 standards.
        The data elements for this transaction, and other information, may 
    be found in Addendum 8.
    b. Requirements
        In Sec. 142.1802, we would specify the following as the standard 
    for referral certifications and authorizations: ASC X12N 278--Request 
    for Review and Response (004010X094). We would specify where to find 
    the implementation guide and incorporate it by reference.
        i. Health plans.
        In Sec. 142.1804, Requirements: Health plans, we would require 
    health plans to accept and transmit only the standard specified in 
    Sec. 142.1802 for electronic referral certifications and 
    authorizations.
        ii. Health care clearinghouses.
        We would require in Sec. 142.1806 that each health care 
    clearinghouse use the standard specified in Sec. 142.1802 for referral 
    certifications and authorizations.
        iii. Health care providers.
        In Sec. 142.1808, Requirements: Health care providers, we would 
    require each health care provider that transmits referral 
    certifications and authorizations electronically to use the standard 
    specified in Sec. 142.1802 for the transactions.
    c. Implementation Guide and Source
        The implementation guide for the ASC X12N 278 (004010X094) is 
    available at no cost from the Washington Publishing Company site on the 
    World Wide Web at the following address: http://www.wpc-edi.com/hipaa/.
        Users without access to the Internet may purchase implementation 
    guides from Washington Publishing Company directly. Washington 
    Publishing Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 
    20878; telephone 301-590-9337; FAX: 301-869-9460.
    9. Standard: First Report of Injury
    [Please label any written comments or e-mailed comments about this 
    section with the subject: Injury]
    Background
        ``First report of injury'' is not a general term or transaction in 
    the health care insurance industry. Upon investigation, we found that 
    the property and casualty insurance industry, among whose lines of 
    business is workers compensation insurance, had developed a standard 
    transaction entitled ``Report of Injury, Illness or Incident'' (ASC 
    X12N 148). This transaction set was developed within ASC X12N to 
    encompass more than 30 functions and exchanges that occur among the 
    numerous parties to a workers compensation claim. The transaction can 
    be used by an employer, first, to report an employee injury or illness 
    to the State government agency that administers workers compensation 
    and, second, to report to the employer's workers compensation insurance 
    carrier so that a claim can be established to cover the employee's 
    losses (income, health care, disability). When the employer is the 
    Federal government, the transaction is used to report to the Department 
    of Labor's Office of Workers Compensation Programs. In a few States, 
    the transaction can also be used by health care providers to report an 
    employee's work-related injury to employers and/or the employer's 
    workers compensation insurance carrier. The transaction can be used by 
    State agencies responsible for monitoring the disposition of a workers 
    compensation claim. Other uses include summary reporting of employee 
    injuries and illness to State workers compensation boards, commissions, 
    or agencies; the Federal Bureau of Labor Statistics; the Federal 
    Occupational Safety and Health Administration; and the Federal 
    Environmental Protection Agency.
        The current, approved version of this transaction is 3070, which is 
    not millennium compliant. There is no approved implementation guide for 
    version 4010, which would be millennium compliant. The ASC X12N 
    workgroup is developing a version 4010 or higher implementation guide 
    and data dictionary. The workgroup hopes to secure ASC X12N approval 
    for its revised standard and implementation guide in the spring of 
    1998. Current workgroup planning is for a single implementation guide 
    that covers all of the business uses to which we refer above.
        Recommendation:
        We do not recommend that the ASC X12N 148--Report of Injury, 
    Illness or Incident be adopted at this time, for the following reasons:
        a. There is no millennium-compliant version of an implementation 
    guide for this transaction.
        b. There is no complete data dictionary for this transaction.
    
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        c. The implementation guide under development covers more business 
    requirements and functions than the ``first report of injury'' 
    specified in the statute.
        d. Consultation with the transaction's extensive user community is 
    necessary to establish a consensus regarding the scope of the 
    transaction set, and this is not possible in the time available to the 
    Secretary for promulgating a final regulation.
        e. An alternative to the ASC X12N 148 has been brought to our 
    attention and must be evaluated.
        The alternative EDI format is that developed and maintained by the 
    International Association of Industrial Accident Boards and Commissions 
    (IAIABC). The IAIABC EDI format was not identified in the ANSI HISB 
    inventory of standards developed for HHS because the IAIABC is not an 
    ANSI-accredited standards setting organization.
        Under the law, a standard adopted under the administrative 
    simplification provisions of HIPAA is required to be ``a standard that 
    has been developed, adopted, or modified by a standard setting 
    organization'' (section 1172(c) of the Act) (if a standard exists). The 
    Secretary may adopt a different standard if it would substantially 
    reduce administrative costs to health care providers and health plans 
    when compared to the alternatives (section 1172(c)(2)(A)).
        Accordingly, the IAIABC EDI format must be evaluated before a 
    national standard for first report of injury transactions is adopted 
    because it is reported to be widely used. The IAIABC will be requested 
    to submit documentation so that its first report of injury format can 
    be evaluated according to the ten criteria applied to all other 
    standards.
        In assessing the utility of this alternative standard, we will 
    follow the Guiding Principles for selecting a standard to evaluate the 
    IAIABC EDI format against that developed and maintained by ANSI ASC 
    X12N. The following questions about the IAIABC standard will be of 
    particular importance:
        a. To what extent is this format widely accepted and used by 
    organizations performing these transactions?
        b. Is this format millennium-compliant?
        c. Does this standard meet the requirements set forth in the 
    Administrative Simplification provisions of HIPAA for improving the 
    efficiency and effectiveness of the health care system?
        d. Is this a format developed, maintained, or modified by a 
    standard setting organization as specified in Section 1171 (8) or does 
    it meet the exceptions specified in Section 1172 (c)(2) of the Act?
        We do not recommend that the IAIABC format be adopted at this time. 
    We have asked that the IAIABC provide documentation for their format.
        In view of these facts, HHS will take the following actions with 
    regard to adopting a standard for ``first report of injury'':
        a. Continue to monitor the progress of the ASC X12N subcommittee 
    toward development of a final, complete, millennium-compliant standard, 
    implementation guide, and data dictionary for this transaction.
        b. Request that ASC X12N review the ASC X12N 148 to determine 
    whether all of its broad functionality should be included in a standard 
    to be adopted under HIPAA authority or whether the scope of the 
    transaction should be limited by dividing the functions into separate 
    implementation guides.
        c. Review and evaluate documentation from the IAIABC on its format 
    so that it can be evaluated according to the ten criteria used to 
    evaluate candidate standards and in relation to the ASC X12N 148 as 
    described above.
        d. After the ASC X12N subcommittee has completed its standard 
    setting role and approved a 4010 version or higher implementation guide 
    and data definitions for the ASC X12N 148 and after analysis of the 
    IAIABC alternative standard, issue a subsequent proposed rule 
    promulgating a standard for ``first report of injury''.
    
    III. Implementation of the Transaction Standards and Code Sets
    
    A. Compliance Testing
    
        We have identified three levels of testing that must be addressed 
    in connection with the adoption and implementation of the standards we 
    are proposing and their required code sets:
        Level 1--Developmental Testing--This is the testing done by the 
    standards setting organization during the development process. The 
    conditions for, and results of, this testing are made public by the 
    relevant standards bodies, and are available at the following Internet 
    web site:
    
    http://www.disa.org
    
        The information on the web site is provided at the discretion of 
    the standards setting organization and could, among other things, refer 
    to pilot, limited, or large-scale production if appropriate. 
    Information regarding code set testing will also be posted to a 
    website. This website will be advertised on the HCFA home page.
        Level 2--Validation Testing--This is testing of sample transactions 
    to see whether they are being written correctly. We expect that private 
    industry will provide commercial testing at this level. This level of 
    testing would give the participants a sense of whether they are meeting 
    technical specifications of structure and syntax for a transaction, but 
    it may not necessarily test for valid data. This type of testing would 
    inform individuals that the transaction probably meets the 
    specifications. These edits would be less rigorous than those that 
    might be applied by a health plan before payment (in the case of a 
    claim) or by a health care provider prior to posting (in the case of a 
    health care claim payment/advice). The test conditions and results from 
    this level are generally shared only between the parties involved.
        Level 3--Production Testing--This tests a transaction from a sender 
    through the receiver's system. The test information is exposed to all 
    of the edits, lookups, and checks that the transaction would undergo in 
    a production situation. The test conditions and results from this level 
    are generally shared only between the parties involved.
        Pilot production--Billions of dollars change hands each year as a 
    result of health care claims processing alone. For that reason, we 
    believe the industry should sponsor pilot production projects to test 
    transaction standards that are not currently in full production prior 
    to the effective date for adoption. Pilot production tests are not 
    necessary for the NCPDP retail pharmacy claim since it is already in 
    widespread use. On the other hand, some of the ASC X12N implementations 
    have not yet been placed in general production. We believe that pilot 
    production results should be posted on a website and show information 
    of general interest to potential users. The information given is at the 
    discretion of the entities conducting the pilot and might contain 
    information regarding the number of claims processed, the identity of 
    the entities participating in the pilot, and the name, telephone number 
    or e-mail address of an individual willing to answer questions from the 
    public.
        It would be useful to all participants if pilot production projects 
    and the results were posted to a web site for all transactions. For the 
    claim and equivalent encounter transactions, we believe that posting 
    pilot production projects and results to a web site must be mandatory.
    
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    B. Enforcement
    
        Failure to comply with standards may well result in monetary 
    penalties. The Secretary is required by statute to impose penalties of 
    not more than $100 per violation on any person who fails to comply with 
    a standard, except that the total amount imposed on any one person in 
    each calendar year may not exceed $25,000 for violations of one 
    requirement.
        We are not proposing any enforcement procedures at this time, but 
    we will do so in a future Federal Regulations document, once the 
    industry has some experience with using the standards.
        We are at this time, however, soliciting input on appropriate 
    mechanisms to permit independent assessment of compliance. We are 
    particularly interested in input from those engaging in health care EDI 
    as well as from independent certification and auditing organizations 
    addressing issues of documentary evidence of steps taken for 
    compliance; need for/desirability of independent verification, 
    validation, and testing of systems changes; and certifications required 
    for off-the-shelf products used to meet the requirements of this 
    regulation.
    
    IV. New and Revised Standards
    
    A. New Standards
    
        To encourage innovation and promote development, we intend to 
    develop a process that would allow an organization to request a 
    replacement to any adopted standard or standards.
        An organization could request a replacement to an adopted standard 
    by requesting a waiver from the Secretary of HHS to test a new 
    standard. The organization, at a minimum, must demonstrate that the new 
    standard clearly offers an improvement over the adopted standard. If 
    the organization presents sufficient documentation that supports 
    testing of a new standard, we want to be able to grant the organization 
    a temporary waiver to test it while remaining in compliance with the 
    law. We do not intend to establish a process that would allow 
    organizations to request waivers as a tool to avoid using any adopted 
    standard.
        We would welcome comments on the following: (1) How we should 
    establish this process, (2) the length of time a proposed standard 
    should be tested before we decide whether to adopt it, and (3) other 
    issues and recommendations we should consider in developing this 
    process.
        Following is one possible process:
         Any organization that wishes to replace an adopted 
    standard must submit its waiver request to an HHS evaluation committee 
    (not currently established or defined). The organization must do the 
    following for each standard it wishes to replace:
        + Provide a detailed explanation, no more than 10 pages in length, 
    of how the replacement would be a clear improvement over the current 
    standard in terms of the principles listed in section I.D., Process for 
    developing national standards, of this preamble.
        + Provide specifications and technical capabilities on the new 
    standard, including any additional system requirements.
        + Provide an explanation, no more than 5 pages in length, of how 
    the organization intends to test the standard, including the number and 
    types of health care plans and health care providers expected to be 
    involved in the test, geographical areas, and beginning and end dates 
    of the test.
         The committee's evaluation would, at a minimum, be based 
    on the following:
        + A cost-benefit analysis.
        + An assessment of whether the proposed replacement demonstrates a 
    clear improvement to an existing standard.
        + The extent and length of time of the waiver.
         The evaluation committee would inform the organization 
    requesting the waiver within 30 working days of the committee's 
    decision on the waiver request. If the committee decides to grant a 
    waiver, the notification may include the following:
        + Committee comments such as the following:
    
        --The length of time for which the waiver applies if it differs 
    from the waiver request.
        --The sites the committee believes are appropriate for testing if 
    they differ from the waiver request.
        --Any pertinent information regarding the conditions of an approved 
    waiver.
    
         Any organization that receives a waiver would be required 
    to submit a report containing the results of the study, no later than 3 
    months after the study is completed.
         The committee would evaluate the report and determine 
    whether the proposed new standard meets the 10 guiding principles and 
    whether the advantages of a new standard would significantly outweigh 
    the disadvantages of implementing it and make a recommendation to the 
    Secretary.
    
    B. Revised Standards
    
        We recognize the very significant contributions that the 
    traditional content committees (the NUCC, the NUBC, the ADA, and the 
    National Council for Prescription Drug Programs) have made to health 
    care transaction content over the years and, in particular, the work 
    they contributed to the content of the standards proposed in this 
    proposed rule. Other Federal and private entities (the National Center 
    for Health Statistics, the Health Care Financing Administration, the 
    AMA, and the ADA) have developed and maintained the medical data code 
    sets proposed as standards in this proposed rule. In a letter dated 
    June 10, 1997, WEDI recommended that the NUBC, NUCC and ADA be 
    recognized as the appropriate organizations to specify data content. We 
    expect that these current committees would continue to play an 
    important role in maintenance of data content for standard health care 
    transactions. The organizations assigned responsibility for maintenance 
    of data content for standard health care transactions will work with 
    X12N data maintenance committees, ensuring that implementation 
    documentation is updated in a consistent and timely fashion.
        We intend that the private sector, with public sector involvement, 
    continue to have responsibility for defining the data element content 
    of the administrative transactions. Both Federal agencies and private 
    organizations will continue to be responsible for maintaining medical 
    data code sets. The current data content committees are focused on 
    transactions that involve health care providers and health plans. There 
    may be some organizations that represent employers or other sponsors 
    and health plans and are interested in assuming the burden of 
    maintenance of the data content standards for the X12 820 and 834.
        We propose to designate content committees in the final rule and to 
    specify the ongoing activities of these content committees pertaining 
    to the data maintenance of all X12N standards identified in this rule, 
    as well as attachments. All approved changes, not including medical 
    code sets, would need to fit into the appropriate ASC X12N 
    implementation guide(s) and receive ASC X12N approval, with the 
    exception of the NCPDP standard. The NCPDP would continue to operate as 
    currently for data content.
        It is important that data content revisions be made timely in this 
    new standards environment. The Secretary of HHS may not revise any 
    standard more
    
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    frequently than once a year and must permit no fewer than 180 days for 
    implementation for all participants after adopting a revised standard. 
    New values could be added to the code sets for certain data elements in 
    transaction standards more frequently than once a year. For example, 
    alpha-numeric HCPCS and NDC, two of the proposed standard code sets for 
    medical data, now have mechanisms for ongoing addition to new codes as 
    needed to reflect new health services and new drugs. Such ongoing 
    update mechanisms would continue to be needed in the year 2000 and 
    beyond.
        The private sector organizations charged with data element content 
    maintenance would have to ensure that the revised standard contains the 
    most recent data maintenance items that have been brought to them and 
    that those new data requirements are adequately documented and 
    communicated to the public. We believe that, at minimum, the data 
    maintenance documentation needs to include the data name, data 
    definition, the status of the data name (that is, required or 
    conditional), written conditions regarding the circumstances under 
    which the data would have to be supplied, a rationale for the new or 
    revised data item, and its placement in an implementation guide. We 
    believe that any data request approved by a body three or more months 
    prior to the adoption of a new or revised standard would have to be 
    included in that new standard implementation, assuming that no major 
    format restructuring would have to be done. (A new data element, code, 
    or segment would not constitute major restructuring.)
        We believe that any body with responsibility for maintaining a 
    standard under this proposed rule must allow public access to their 
    decision making processes. We plan to engage standards setting 
    organizations and other organizations responsible for maintenance of 
    data element content and standard code sets to establish a process that 
    will enable timely standards development/updates with appropriate 
    industry input. One approach may be as follows:
         Each of the data maintenance bodies has biannual meetings 
    with the public welcome to attend and participate without payment of 
    fees.
        + These public meetings are announced to the broadest possible 
    audience, at minimum by means of a website. The announcements of the 
    meetings may also be available via widely read publications, such as 
    the Commerce Business Daily or the Federal Register.
        + Annual public meeting schedules are posted on a website not later 
    than 90 days after the effective date of the final rule, and annually 
    on that date thereafter.
        + The data maintenance body establishes a central contact (name and 
    post office and e-mail addresses) to which the public could submit 
    correspondence (such as agenda items or data requests).
        + During these two open meetings, the public has the opportunity to 
    voice concerns and suggest changes.
        + Each data maintenance body drafts procedures for the public to 
    follow in regard to its meeting protocols.
         Each data maintenance body drafts procedures for the 
    public to submit requests for data or for revisions to the standard. 
    These draft procedures are easy to use and are adequately communicated 
    to the public.
         Each designated data maintenance body is also responsible 
    for communicating actions taken on requests to the requestor and the 
    public, in addition to communicating any changes made to a standard. 
    This may be done via mail, e-mail, publications, or newsletters but, at 
    a minimum, are published on the website. (We believe the Internet is 
    the most cost effective way of communicating this type of information.)
         Each data maintenance body responds definitively to each 
    request it receives no later than three months after the request is 
    received.
        An alternative approach would be to require an organization which 
    desired to be designated by the Secretary as the official data content 
    maintenance body for a particular transaction to meet the ANSI criteria 
    for due process found at http://www.ansi.org/proc__1.html. Not only 
    would these criteria meet the intent of HIPAA to advocate an open, 
    balanced, consensus process, but once an organization met these 
    criteria, it would be able to apply for ANSI accreditation if it so 
    desired.
        It is not our intention to increase any current burdens on data 
    maintenance bodies. Our concern is that the public have a voice in the 
    data maintenance process and that changes to a standard be timely and 
    adequately communicated to the industry. We welcome any comments 
    regarding the approach outlined above and recommendations for data 
    maintenance committees for each X12N transaction standard identified in 
    this rule.
        We also solicit comments on the appropriateness of ongoing Federal 
    oversight/monitoring of maintenance processes and procedures.
    
    V. Collection of Information Requirements
    
        Under the Paperwork Reduction Act of 1995 (PRA), we are required to 
    provide 60-day notice in the Federal Register and solicit public 
    comment before a collection of information requirement is submitted to 
    the Office of Management and Budget (OMB) for review and approval. In 
    order to fairly evaluate whether an information collection should be 
    approved by OMB, section 3506(c)(2)(A) of the Paperwork Reduction Act 
    of 1995 requires that we solicit comment on the following issues:
         The need for the information collection and its usefulness 
    in carrying out the proper functions of our agency.
         The accuracy of our estimate of the information collection 
    burden.
         The quality, utility, and clarity of the information to be 
    collected.
         Recommendations to minimize the information collection 
    burden on the affected public, including automated collection 
    techniques.
    
    Subpart K--Health Claims or Equivalent Encounter Information Standard
    
    142.1104  Requirements: Health plans.
    142.1108  Requirements: Health care providers.
    
    Subpart L--Health Care Payment and Remittance Advice
    
    142.1204  Requirements: Health plans.
    
    Subpart M--Coordination of Benefits
    
    142.1304  Requirements: Health plans.
    
    Subpart N--Health Claims Status
    
    142.1404  Requirements: Health plans.
    142.1408  Requirements: Health care providers.
    
    Subpart O--Enrollment and Disenrollment in a Health Plan
    
    142.1504  Requirements: Health plans.
    
    Subpart P--Eligibility for a Health Plan
    
    142.1604  Requirements: Health plans.
    142.1608  Requirements: Health care providers.
    
    Subpart Q--Health Plan Premium Payments
    
    142.1704  Requirements: Health plans.
    
    Subpart R--Referral Certification and Authorization
    
    142.1804  Requirements: Health plans.
    142.1808  Requirements: Health care providers.
    
        Discussion: In summary, each of the sections identified above 
    require health care plans, and/or health care providers to use any 
    given standard proposed in this regulation for all electronically 
    transmitted standard transactions that require it on and after the 
    effective date given to it.
        The emerging and increasing use of health care EDI standards and
    
    [[Page 25300]]
    
    transactions raises the issue of the applicability of the PRA. The 
    question arises whether a regulation that adopts an EDI standard used 
    to exchange certain information constitutes an information collection 
    subject to the PRA. However, for the purpose of soliciting useful 
    public comment we provide the following burden estimates.
        In particular, the initial burden on the estimated 4 million health 
    plans and 1.2 million health care providers to modify their current 
    computer systems software would be 10 hours/$300 per entity, for a 
    total burden of 52 million hours/$1.56 billion. While this burden 
    estimate may appear low, on average, we believe it to be accurate. This 
    is based on the assumption that these and the other burden calculations 
    associated with the HIPAA administrative simplification systems 
    modifications may overlap. This average also takes into consideration 
    that: (1) One or more of these standards may not be used; (2) some of 
    the these standards may already be in use by several of the estimated 
    entities; (3) modifications may be performed in an aggregate manner 
    during the course of routine business and/or; (4) modifications may be 
    made by contractors such as practice management vendors, in a single 
    effort for a multitude of affected entities.
        We solicit comment on whether the requirements to which we refer 
    above constitute a one-time or an ongoing, usual and customary business 
    practice as defined 5 CFR 1320.3(b)(2), the Paperwork Reduction 
    regulations.
        We invite public comment on the issues discussed above. If you 
    comment on these information collection and recordkeeping requirements, 
    please e-mail comments to JBurke1@hcfa.gov (Attn:HCFA-0149) or mail 
    copies directly to the following:
    
    Health Care Financing Administration, Office of Information Services, 
    Information Technology Investment Management Group, Division of HCFA 
    Enterprise Standards, Room C2-26-17, 7500 Security Boulevard, 
    Baltimore, MD 21244-1850. Attn: John Burke HCFA-0149
          and
    Office of Information and Regulatory Affairs, Office of Management and 
    Budget, Room 10235, New Executive Office Building, Washington, DC 
    20503, Attn: Allison Herron Eydt, HCFA Desk Officer.
    
    VI. Response to Comments
    
        Because of the large number of items of correspondence we normally 
    receive on Federal Register documents published for comment, we are not 
    able to acknowledge or respond to them individually. We will consider 
    all comments we receive by the date and time specified in the DATES 
    section of this preamble, and, if we proceed with a subsequent 
    document, we will respond to comments in the preamble to that document.
    
    VII. Impact Analysis
    
        As the effect of any one standard is affected by the implementation 
    of other standards, it can be misleading to discuss the impact of one 
    standard by itself. Therefore, we did an impact analysis on the total 
    effect of all the standards in the proposed rule concerning the 
    national provider identifier (HCFA-0045-P), which can be found 
    elsewhere in this Federal Register.
        We intend to publish in each proposed rule an impact analysis that 
    is specific to the standard or standards proposed in that rule, but the 
    impact analysis will assess only the relative cost impact of 
    implementing a given standard. Thus, the following discussion contains 
    the impact analysis for each of the transactions proposed in this rule. 
    As stated in the general impact analysis in HCFA-0045-P, we do not 
    intend to associate costs and savings to specific standards.
        Although we cannot determine the specific economic impact of the 
    standards being proposed in this rule (and individually each standard 
    may not have a significant impact), the overall impact analysis makes 
    clear that, collectively, all the standards will have a significant 
    impact of over $100 million on the economy. Also, while each standard 
    may not have a significant impact on a substantial number of small 
    entities, the combined effects of all the proposed standards may have a 
    significant effect on a substantial number of small entities. 
    Therefore, the following impact analysis should be read in conjunction 
    with the overall impact analysis.
        In accordance with the provisions of Executive Order 12866, this 
    proposed rule was reviewed by the Office of Management and Budget.
    
    Guiding Principles for Standard Selection
    
        The implementation teams charged with designating standards under 
    the statute have defined, with significant input from the health care 
    industry, a set of common criteria for evaluating potential standards. 
    These criteria are based on direct specifications in the HIPAA, the 
    purpose of the law, and principles that support the regulatory 
    philosophy set forth in Executive Order 12866 of September 30, 1993, 
    and the Paperwork Reduction Act of 1995. In order to be designated as a 
    standard, a proposed standard should:
         Improve the efficiency and effectiveness of the health 
    care system by leading to cost reductions for or improvements in 
    benefits from electronic HIPAA health care transactions. This principle 
    supports the regulatory goals of cost-effectiveness and avoidance of 
    burden.
         Meet the needs of the health data standards user 
    community, particularly health care providers, health plans, and health 
    care clearinghouses. This principle supports the regulatory goal of 
    cost-effectiveness.
         Be consistent and uniform with the other HIPAA standards 
    (that is, their data element definitions and codes and their privacy 
    and security requirements) and, secondarily, with other private and 
    public sector health data standards. This principle supports the 
    regulatory goals of consistency and avoidance of incompatibility, and 
    it establishes a performance objective for the standard.
          Have low additional development and implementation costs 
    relative to the benefits of using the standard. This principle supports 
    the regulatory goals of cost-effectiveness and avoidance of burden.
         Be supported by an ANSI-accredited standards developing 
    organization or other private or public organization that would ensure 
    continuity and efficient updating of the standard over time. This 
    principle supports the regulatory goal of predictability.
         Have timely development, testing, implementation, and 
    updating procedures to achieve administrative simplification benefits 
    faster. This principle establishes a performance objective for the 
    standard.
         Be technologically independent of the computer platforms 
    and transmission protocols used in HIPAA health transactions, except 
    when they are explicitly part of the standard. This principle 
    establishes a performance objective for the standard and supports the 
    regulatory goal of flexibility.
         Be precise and unambiguous but as simple as possible. This 
    principle supports the regulatory goals of predictability and 
    simplicity.
         Keep data collection and paperwork burdens on users as low 
    as is feasible. This principle supports the regulatory goals of cost-
    effectiveness and avoidance of duplication and burden.
         Incorporate flexibility to adapt more easily to changes in 
    the health care infrastructure (such as new services, organizations, 
    and provider types) and information technology. This principle
    
    [[Page 25301]]
    
    supports the regulatory goals of flexibility and encouragement of 
    innovation.
    
    General
    
        The effect of implementing standards on health care clearinghouses 
    is basically the same for all the standards. Currently, health care 
    clearinghouses receive and transmit various transactions using a 
    variety of formats. The implementation of standard transactions may 
    reduce the variability in the data received from some groups, such as 
    health care providers. The implementation of any standard will require 
    some one-time changes to health care clearinghouse systems. Health care 
    clearinghouses should be able to make modifications that meet the 
    deadlines specified in the legislation, but some temporary disruption 
    of processing could result. Once the transition is made, health care 
    clearinghouses may have less ongoing system maintenance. Costs may vary 
    according to the complexity of the standard, but costs may be recouped 
    from customers.
        Health care clearinghouses would face impacts (both positive and 
    negative) similar to those experienced by health plans (which we 
    discuss in more detail in the discussions for specific transactions). 
    However, implementation would likely be more complex, because health 
    care clearinghouses deal with many health care providers and health 
    plans and may have to accommodate additional nonstandard formats (in 
    addition to those formats they currently support), as well as standards 
    we adopt. (The additional nonstandard formats would be from those 
    health care providers that choose to stop submitting directly to an 
    insurer and submit through a health care clearinghouse.) This would 
    also mean increased business for the health care clearinghouse.
        Converting to any standard will result in one-time conversion costs 
    for health care providers, health care clearinghouses, and health plans 
    as well. Some health care providers and health plans would incur those 
    costs directly and others may incur them in the form of a fee from 
    health care clearinghouses or, for health care providers, other agents.
        Each standard compares favorably with typical ASC X12 standards in 
    terms of complexity and ease of use. No one in the ASC X12 subcommittee 
    assumes that every entity that sends or receives an ASC X12 transaction 
    has reprogrammed its information systems in order to do so. Every 
    transaction is designed, and the technical review process assures, that 
    it will be compatible with the commercial, off-the-shelf translator 
    programs that are widely available in the United States. These 
    translators significantly reduce the cost and complexity of achieving 
    and maintaining compliance with all ASC X12 standards. Universal 
    communication with all parties in the health care industry is thus 
    assured.
        Specific technology limitations of existing systems could affect 
    the complexity of conversion. Also, some existing health care provider 
    systems may not have the resources to house a translator to convert 
    from one format to another.
        Following is the portion of the impact analysis that relates 
    specifically to the standards that are the subject of this regulation.
    
    A. Code Sets--Specific Impact of Adoption of Code Sets for Medical Data
    
    Affected Entities
        Standard codes and classifications are required in some segments of 
    administrative and financial transactions. Those that create and 
    process administrative transactions must implement the standard codes 
    according to the official implementation guides designated for each 
    coding system and each transaction. Those that receive standard 
    electronic administrative transactions must be able to receive and 
    process all standard codes (and modifiers, in the cases of HCPCS and 
    CPT), irrespective of local policies regarding reimbursement for 
    certain conditions or procedures, coverage policies, or need for 
    certain types of information that are part of a standard transaction.
        The adoption of standard code sets and coding guidelines for 
    medical data supports the regulatory goals of cost-effectiveness and 
    the avoidance of duplication and burden. The code sets that are being 
    proposed as initial HIPAA standards are all de facto standards already 
    in use by most health plans, health care clearinghouses, and health 
    care providers.
        Health care providers currently use the recommended code set for 
    reporting diagnoses and one or more of the recommended procedure coding 
    systems for reporting procedures/services. Since health plans can 
    differ on the codes they accept, many health care providers use 
    different coding guidelines for dealing with different health plans, 
    sometimes for the same patient. (Anecdotal information leads us to 
    believe that use of other codes is widespread, but we cannot quantify 
    the number.) Some of these differences reflect variations in covered 
    services that will continue to exist irrespective of data 
    standardization. Others reflect differences in a health plan's ability 
    to accept as valid a claim that may include more information than is 
    needed or used by that health plan. The requirement to use standard 
    coding guidelines will eliminate this latter category of differences 
    and should simplify claims submission for health care providers that 
    deal with multiple health plans.
        Currently, there are health plans that do not adhere to official 
    coding guidelines and have developed their own plan-specific guidelines 
    for use with the standard code sets, which do not permit the use of all 
    valid codes. (Again, we cannot quantify how many health plans do this, 
    but we are aware of some instances.) When the HIPAA code set standards 
    become effective, these health plans would have to receive and process 
    all standard codes, irrespective of local policies regarding 
    reimbursement for certain conditions or procedures, coverage policies, 
    or need for certain types of information that are part of a standard 
    transaction.
        We believe that there is significant variation in the reporting of 
    anesthesia services, with some health plans using the anesthesia 
    section of CPT and others requiring the anesthesiologist or nurse 
    anesthetist to report the code for the surgical procedure itself. When 
    the HIPAA code sets become effective, health plans following the latter 
    convention will have to begin accepting codes from the anesthesia 
    section.
        We note that by adopting standards for code sets we are requiring 
    that all parties accept these codes within their electronic 
    transactions. We are not requiring payment for all these services. 
    Those health plans that do not adhere to official coding guidelines 
    must therefore undertake a one-time effort to modify their systems to 
    accept all valid codes in the standard code sets or engage a health 
    care clearinghouse to preprocess the standard claims data for them. 
    Health plans should be able to make modifications to meet the deadlines 
    specified in the legislation, but some temporary disruption of claims 
    processing could result.
        There may be some temporary disruption of claims processing as 
    health plans and health care clearinghouses modify their systems to 
    accept all valid codes in the standard code sets.
    
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    B. Transaction Standards
    
    1. Specific Impact of Adoption of the National Council of Prescription 
    Drug Programs (NCPDP) Telecommunication Claim
    a. Affected Entities
        Health care providers that submit retail pharmacy claims, and 
    health care plans that process retail pharmacy claims, currently use 
    the NCPDP format. The NCPDP claim and equivalent encounter is used 
    either in on-line interactive or batch mode. Since all pharmacy health 
    care providers and health plans use the NCPDP claim format, there are 
    no specific impacts to health care providers.
    b. Effects of Various Options
        The NCPDP format met all the principles and there are no known 
    options for a standard retail pharmacy claim transaction.
    2. Specific Impact of Adoption of the ASC X12N 837 for Submission of 
    Institutional Health Care Claims, Professional Health Care Claims, 
    Dental Claims, and Coordination of Benefits
    a. Affected Entities
        All health care providers and health plans that conduct EDI 
    directly and use other electronic format(s), and all health care 
    providers that decide to change from a paper format to an electronic 
    one, would have to begin to use the ASC X12N 837 for submitting 
    electronic health care claims (hospital, physician/supplier and 
    dental). (Currently, about 3 percent of Medicare providers use this 
    standard for claims; it is used less for non-Medicare claims.)
        There would be a potential for disruption of claims processes and 
    timely payments during a particular health plan's transition to the ASC 
    X12N 837. Some health care providers could react adversely to the 
    increased cost and revert to submitting hard copy claims.
        After implementation, health care providers would no longer have to 
    keep track of and use different electronic formats for different 
    insurers. This would simplify provider billing systems and processes 
    and reduce administrative expenses.
        Health plans would be able to schedule their implementation of the 
    ASC X12N 837 in a manner that best fits their needs, thus allaying some 
    costs (through coordination of conversion to other standards) as long 
    as they meet the deadlines specified in the legislation. Although the 
    costs of implementing the ASC X12N 837 are generally one-time costs 
    related to conversion, the systems upgrades for some smaller health 
    care providers, health plans, and health care clearinghouses may be 
    cost prohibitive. Health care providers and health plans have the 
    option of using a clearinghouse.
        The cost may also cause some smaller health plans that have trading 
    partner agreements today to discontinue that partnership. That same 
    audience of health care providers, health care clearinghouses, and 
    health plans could conceivably be forced out of the partnerships of 
    transmitting and accepting claims data. In these instances patients may 
    be affected, in that, without trading partner agreements for electronic 
    crossover of claims data for the processing of the supplemental 
    benefit, the patient may be responsible for filing his or her own 
    supplemental claims that are filed electronically today.
    Coordination of Benefits
        Once the ASC X12N 837 has been implemented, health plans that 
    perform coordination of benefits would be able to eliminate support of 
    multiple proprietary electronic claim formats, thus simplifying claims 
    receipt and processing as well as reducing administrative costs. 
    Coordination of benefits activities would also be greatly simplified 
    because all health plans would use the same standard format.
        There is no doubt that standardization in coordination of benefits 
    will greatly enhance and improve efficiency in the overall claims 
    process and the coordination of benefits.
        From a nonsystems perspective, we do not foresee an impact to the 
    coordination of benefits process. The COB transaction will continue to 
    consist of the incoming electronic claim and the data elements provided 
    on a remittance advice. Standardization in the coordination of benefits 
    process will clearly increase efficiency in the electronic processes 
    utilized by the health care providers, health care clearinghouses, and 
    health plans as they work with standardized codes and processes.
    b. Effects of Various Options
        We assessed the various options for a standard claim transaction 
    against the principles, listed at the beginning of this impact analysis 
    above, with the overall goal of achieving the maximum benefit for the 
    least cost. We found that the ASC X12N 837 for institutional claims, 
    professional claims, dental claims, and coordination of benefits met 
    all the principles, but no other candidate standard transaction met all 
    the principles.
        Since the majority of dental claims are submitted on paper and 
    those submitted electronically are being transmitted using a variety of 
    proprietary formats, the only viable choice of a standard is the ASC 
    X12N 837. The American Dental Association (ADA) also recommended the 
    ASC X12N 837 for the dental claim standard.
        The ASC X12N 837 was selected as the standard for the professional 
    (physician/supplier) claim because it met the principles above. The 
    only other candidate standard, the National Standard Format, was 
    developed primarily by HCFA for Medicare claims. While it is widely 
    used, it is not always used in a standard manner. Many variations of 
    the National Standard Format are in use. The NUCC, the AMA, and WEDI 
    recommended the ASC X12N 837 for the professional claim standard.
        The ASC X12N 837 was selected as the standard for the institutional 
    (hospital) claim because it met the principles above. The only other 
    candidate standard is the UB-92 Format. While it is widely used, it is 
    not always used in a standard manner.
        The selection of the ASC X12N 837 does not impose a greater burden 
    on the industry than the nonselected options because the nonselected 
    formats are not used in a standard manner by the industry and they do 
    not incorporate flexibility in order to adapt easily to change. The ASC 
    X12N 837 presents significant advantages in terms of universality and 
    flexibility.
    3. Specific Impact of Adoption of the ASC X12N 835 for Receipt of 
    Health Care Remittance
    a. Affected Entities
        Health care providers that conduct EDI with health plans and do not 
    wish to change their internal systems would have to convert the ASC 
    X12N 835 transactions received from health plans into a format 
    compatible with their internal systems. Health plans that want to 
    transmit remittance advice directly to health care providers and that 
    do not use the ASC X12N 835 would also incur costs to convert. Many 
    health care providers and health plans do not use this standard at this 
    time. (We do not have information to quantify the standard's use 
    outside the Medicare program. However, in 1996, 15.9 percent of part B 
    health care providers and 99.4 percent of part A health care providers 
    were able to receive this standard. All Medicare contractors must be 
    able to send the standard.)
        There would be a potential for the delay in payment or the issuance 
    of electronic remittance advice
    
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    transactions during a particular health plan's transition to the ASC 
    X12N 835. Some health care providers could react adversely to the 
    increased cost and revert to use of hard copy remittance advice notices 
    in lieu of an electronic transmission.
        After implementation, health care providers would no longer have to 
    keep track of or accept different electronic payment/remittance advice 
    formats issued by different health care payers. This would simplify 
    automatic posting of all electronic payment/remittance advice data, 
    reducing administrative expenses. This would also reduce or eliminate 
    the practice of posting payment/remittance advice data manually from 
    hard copy notices, again reducing administrative expenses. Most manual 
    posting occurs currently in response to the problem of multiple 
    formats, which the standard would eliminate.
        Once the ASC X12N 835 has been implemented, health plans' 
    coordination of benefits activities, which would use the ASC X12N 837 
    format supplemented with limited data from the ASC X12N 835, would be 
    greatly simplified because all health plans would use the same standard 
    format.
        Health plans would be able to schedule their implementation of the 
    ASC X12N 835 in a manner that best fits their needs, thus allaying some 
    costs (through coordination of conversion to other standards), as long 
    as they meet the deadlines specified in the legislation.
        The selection of the ASC X12N 835 does not impose a greater burden 
    on the industry than the nonselected option because the nonselected 
    formats are not used in a standard manner by the industry and they do 
    not incorporate flexibility in order to adapt easily to change. The ASC 
    X12N 835 presents significant advantages in terms of universality and 
    flexibility.
    b. Effects of Various Options
        We assessed the various options for a standard payment/remittance 
    advice transaction against the principles listed above, with the 
    overall goal of achieving the maximum benefit for the least cost. We 
    found that the ASC X12N 835 met all the principles, but no other 
    candidate standard transaction met all the principles, or even those 
    principles supporting the regulatory goal of cost-effectiveness.
        The ASC X12N 835 was selected as it met the principles above. The 
    only other candidate standard, the ASC X12N 820, was not selected 
    because, although it was developed for payment transactions, it was not 
    developed for health care payment purposes. The ASC X12N subcommittee 
    itself recognized this in its decision to develop the ASC X12N 835.
    4. Specific Impact of Adoption of the ASC X12N 276/277 for Health Care 
    Claim Status/Response
    a. Affected Entities
        Most health care providers that are currently using an electronic 
    format (of which there are currently very few) and that wish to request 
    claim status electronically using the ASC X12N 276/277 will incur 
    conversion costs. We cannot quantify the number of health care 
    providers that would have to convert to the proposed standard, but we 
    do know that no Medicare contractors use it; thus, we assume that few 
    health care providers are able to use it at this time.
        After implementation, health care providers would be able to 
    request and receive the status of claims in one standard format, from 
    all health care plans. This would eliminate their need to maintain 
    redundant software and would make electronic claim status requests and 
    receipt of responses feasible for small providers, eliminating their 
    need to manually send and review claim status requests and responses.
        Health care plans that do not currently directly accept electronic 
    claim status requests and do not directly send electronic claims status 
    responses would have to modify their systems to accept the ASC X12N 276 
    and to send the ASC X12N 277. No disruptions in claims processing or 
    payment would occur.
        After implementation, health care plans would be able to submit 
    claim status responses in one standard format to all health care 
    providers. Administrative costs incurred by supporting multiple formats 
    and manually responding to claim status requests would be greatly 
    reduced.
    b. Effects of Various Options
        There are no known options for a standard claims status and 
    response transaction.
    5. Specific Impact of Adoption of the ASC X12N 834 for Enrollment and 
    Disenrollment in a Health Plan
    a. Affected Entities
        The ASC X12N 834 may be used by an employer or other sponsor to 
    electronically enroll or disenroll its subscribers into or out of a 
    health plan. Currently, most small and medium size employers and other 
    sponsors conduct their subscriber enrollments using paper forms. (We 
    cannot quantify how many of these sponsors use paper forms, but 
    anecdotal information indicates that most use paper.) We understand 
    that large employers and other sponsors are more likely to conduct 
    subscriber enrollment transactions electronically because of the many 
    changes that occur in a large workforce; for example, hirings, firings, 
    retirements, marriages, births, and deaths, to name a few. To do this, 
    the large employers must use the proprietary electronic data 
    interchange formats that differ among health plans. Nonetheless, it is 
    our understanding, based on anecdotal information, that health plans 
    still use paper to conduct most of their enrollment transactions.
        We expect that the impact of the ASC X12N 834 transaction standard 
    would differ, at least in the beginning, according to the current use 
    of electronic transactions. As stated earlier, most small and medium 
    size employers and other sponsors do not use electronic transactions 
    currently and would therefore experience little immediate impact from 
    adoption of the ASC X12N 834 transaction. The ASC X12N 834 would offer 
    large employers that currently conduct enrollment transactions 
    electronically the opportunity to shift to a single standard format. A 
    single standard will be most attractive to those large employers that 
    offer their subscribers choices among multiple health plans. Thus, we 
    expect that the early benefits of the ASC X12N 834 would accrue to 
    large employers and other sponsors that would be able to eliminate 
    redundant hardware, software, and human resources required to support 
    multiple proprietary electronic data interchange formats. In the long 
    run, we expect that the standards would lower the cost of conducting 
    enrollment transactions and make it possible for small and medium size 
    companies to convert from paper to electronic transactions and achieve 
    significant additional savings.
        Overall, employers and other sponsors, and the health plans with 
    which they deal, stand to benefit from adoption of the ASC X12N 834 and 
    electronic data interchange. The ASC X12N 834 and electronic data 
    interchange would facilitate the performance of enrollment and 
    disenrollment functions. Further, the ASC X12N 834 supports detailed 
    enrollment information on the subscriber's dependents, which is often 
    lacking in current practice. Ultimately, reductions in administrative 
    overhead may be passed along in lower premiums to subscribers and their 
    dependents.
        We invite commenters to provide us with data on the extent to which
    
    [[Page 25304]]
    
    employers and other sponsors conduct their health plan enrollments 
    using paper proprietary formats rather than the ASC X12N 834 electronic 
    data interchange standards.
    b. Effects of Various Options
        The only other option, the NCPDP Member Enrollment Standard, does 
    not meet the selection criteria and would not be implementable.
    6. Specific Impact of Adoption of the ASC X12N 270/271 for Eligibility 
    for a Health Plan
    a. Affected Entities
        The ASC X12N 270/271 transaction may be used by a health care 
    provider to electronically request and receive eligibility information 
    from a health care plan prior to providing or billing for a health care 
    service. Many health care providers routinely verify health insurance 
    coverage and benefit limitations prior to providing treatment or before 
    preparing claims for submission to the insured patient and his or her 
    health plan. Currently, health care providers secure most of these 
    eligibility determinations through telephone calls, proprietary point 
    of sale terminals, or using proprietary electronic formats that differ 
    from health plan to health plan. Since many health care providers 
    participate in multiple health plans, these health care providers must 
    maintain redundant software, hardware, and human resources to obtain 
    eligibility information. This process is inefficient, often burdensome, 
    and takes valuable time that could otherwise be devoted to patient 
    care.
        We believe that the lack of a health care industry standard may 
    have imposed a cost barrier to the widespread use of electronic data 
    interchange. The ASC X12N 270/271 is used widely, but not exclusively, 
    by health care plans and health care providers. This may be due, in 
    part, to the lack of an industry-wide implementation guide for these 
    transactions in health care. We expect that adoption of the ASC X12N 
    270/271 and its implementation guide would lower the cost of using 
    electronic eligibility verifications. This would benefit health care 
    providers that can move to a single standard format and, for the first 
    time, make electronic data interchange feasible for small health plans 
    and health care providers that rely currently on the telephone, paper 
    forms, or proprietary point of sale terminals and software.
    b. Effect of Various Options
        There were two other options, the ASC X12N IHCEBI, and its 
    companion, IHCEBR, and the NCPDP Telecommunications Standard Format. 
    None of these meet the selection criteria and thus they would not be 
    implementable.
    7. Specific Impact of Adoption of the ASC X12N 820 for Payroll Deducted 
    and Other Group Premium Payment for Insurance Product
    a. Affected Entities
        The ASC X12N 820 may be used by an employer or sponsor to 
    electronically transmit a remittance notice to accompany a payment for 
    health insurance premiums in response to a bill from the health plan. 
    Payment may be in the form of a paper check or an electronic funds 
    transfer transaction. The ASC X12N 820 can be sent with electronic 
    funds transfer instructions that are routed directly to the Federal 
    Reserve System's automated health care clearinghouses or with payments 
    generated directly by the employer's or other sponsor's bank. The ASC 
    X12 820 transaction is very widely used by many industries 
    (manufacturing, for instance) and government agencies (Department of 
    Defense) in addition to the insurance industry in general. However, the 
    ASC X12N 820 is not widely used in the health insurance industry and is 
    not widely used by employers and other sponsors to make premium 
    payments to their health insurers. This may be due, in part, to the 
    lack of an implementation guide specifically for health insurance.
        Currently, most payment transactions are conducted on paper, and 
    those that are conducted electronically use proprietary electronic data 
    interchange standards that differ across health plans. (We cannot 
    quantify how many of these transactions are conducted on paper, but 
    anecdotal information suggests that most are.) We believe that the lack 
    of a health care industry standard may have imposed a cost barrier to 
    the use of electronic data interchange; larger employers and other 
    sponsors, that often transact business with multiple health plans, need 
    to retain redundant hardware, software, and human resources to support 
    multiple proprietary electronic premium payment standards. We expect 
    that adoption of national standards will lower the cost of using 
    electronic premium payments. This will benefit large employers that can 
    move to a single standard format, and, for the first time, will make 
    electronic transmissions of premium payments feasible for smaller 
    employers and other sponsors whose payment transactions today are 
    performed almost exclusively using paper.
        At some point, an organization's size and complexity will require 
    it to consider switching its business transactions from paper to 
    electronic. The ASC X12N 820 would facilitate that by eliminating 
    redundant proprietary formats that are certain to crop up when there 
    are no widely accepted standards. By eliminating the software, 
    hardware, and human resources associated with redundancy, a business 
    may reach the point where it becomes cost beneficial to convert from 
    paper to electronic transactions. Those other sponsors and health care 
    plans that already support more than one proprietary format would incur 
    some additional expense in the conversion to the standard, but they 
    would enjoy longer term savings that result from eliminating the 
    redundancies.
        We invite comments on the extent to which employers and other 
    sponsors conduct their health plan premium payments using paper versus 
    proprietary formats, compared to the ASC X12N 820 electronic data 
    interchange standards.
    b. Effects of Various Options
        There are no known options for premium payment transactions.
    8. Specific Impact of Adoption of ASC X12N 278 for Referral 
    Certification and Authorization
    a. Affected Entities
        The ASC X12N 278 may be used by a health care provider to request 
    and receive approval from a health plan through an electronic 
    transaction prior to providing a health care service. Prior approvals 
    have become standard operating procedure for most hospitals, physicians 
    and other health care providers due to the rapid growth of managed 
    care. Health care providers secure most of their prior approvals 
    through telephone calls, paper forms or proprietary electronic formats 
    that differ from health plan to health plan. Since many health care 
    providers participate in multiple managed care plans, they must devote 
    redundant software, hardware, and human resources to obtaining prior 
    authorization. This process is often untimely and inefficient.
        We believe that the lack of a health care industry standard may 
    have imposed a cost barrier to the widespread use of electronic data 
    interchange. The ASC X12N 278 is not widely used by health care plans 
    and health care providers, which may be due, in part, to the lack of an 
    industry-wide implementation guide for it. We expect that adoption of 
    ASC X12N 278 and its
    
    [[Page 25305]]
    
    implementation guide would lower the cost of using electronic prior 
    authorizations. This would benefit health care providers that can move 
    to a single standard format and, for the first time, make electronic 
    data interchange feasible for smaller health plans and health care 
    providers that perform these transactions almost exclusively using the 
    telephone or paper.
        At some point, an organization's size and complexity will require 
    it to consider switching its business transactions from paper to 
    electronic. The ASC X12N 278 would facilitate that by eliminating 
    redundant proprietary formats that are certain to crop up when there 
    are no widely accepted standards. By eliminating the software, 
    hardware, and human resources associated with redundancy, a business 
    may reach the point where it becomes cost beneficial to convert from 
    paper to electronic transactions. Health care plans and health care 
    providers that already support more than one proprietary format would 
    incur some additional expense in the conversion to the standard but 
    would enjoy longer term savings that result from eliminating the 
    redundancies.
    b. Effects of Various Options
        There are no known options for referral and certification 
    authorization transactions.
    
    List of Subjects in 45 CFR Part 142
    
        Administrative practice and procedure, Health facilities, Health 
    insurance, Hospitals, Incorporation by reference, Medicare, Medicaid.
    
        Accordingly, 45 CFR subtitle A, subchapter B, would be amended by 
    adding Part 142 to read as follows:
    
        Note to Reader: This proposed rule and another proposed rule 
    found elsewhere in this Federal Register are two of several proposed 
    rules that are being published to implement the administrative 
    simplification provisions of the Health Insurance Portability and 
    Accountability Act of 1996. We propose to establish a new 45 CFR 
    Part 142. Proposed Subpart A--General Provisions is exactly the same 
    in each rule unless we have added new sections or definitions to 
    incorporate additional general information. The subparts that follow 
    relate to the specific provisions announced separately in each 
    proposed rule. When we publish the first final rule, each subsequent 
    final rule will revise or add to the text that is set out in the 
    first final rule.
    
    PART 142--ADMINISTRATIVE REQUIREMENTS
    
    Subpart A--General Provisions
    
    Sec.
    142.101  Statutory basis and purpose.
    142.102  Applicability.
    142.103  Definitions.
    142.104  General requirements for health plans.
    142.105  Compliance using a health care clearinghouse.
    142.106  Effective dates of a modification to a standard or 
    implementation specification.
    142.110  Availability of implementation guides.
    
    Subparts B-I--[Reserved]
    
    Subpart J--Code Sets
    
    142.1002  Medical data code sets.
    142.1004  Code sets for nonmedical data elements.
    142.1010  Effective dates of the initial implementation of code 
    sets.
    
    Subpart K--Health Claims or Equivalent Encounter Information
    
    142.1102  Standards for health claims or equivalent encounter 
    information.
    142.1104  Requirements: Health plans.
    142.1106  Requirements: Health care clearinghouses.
    142.1108  Requirements: Health care providers.
    142.1110  Effective dates of the initial implementation of the 
    health claim or equivalent encounter information.
    
    Subpart L--Health Claims and Remittance Advice
    
    142.1202  Standard for health claims and remittance advice.
    142.1204  Requirements: Health plans.
    144.1206  Requirements: Health care clearinghouses.
    142.1210  Effective dates of the initial implementation of the 
    health claims and remittance advice.
    
    Subpart M--Coordination of Benefits
    
    142.1302  Standard for coordination of benefits.
    142.1304  Requirements: Health plans.
    144.1306  Requirements: Health care clearinghouses.
    142.1308  Effective dates of the initial implementation of the 
    standard for coordination of benefits.
    
    Subpart N--Health Claim Status
    
    142.1402  Standard for health claim status.
    142.1404  Requirements: Health plans.
    144.1406  Requirements: Health care clearinghouses.
    142.1408  Requirements: Health care providers.
    142.1410  Effective dates of the initial implementation of the 
    standard for health claims status.
    
    Subpart O--Enrollment and Disenrollment in a Health Plan
    
    142.1502  Standard for enrollment and disenrollment in a health 
    plan.
    142.1504  Requirements: Health plans.
    144.1506  Requirements: Health care clearinghouses.
    142.1508  Effective dates of the initial implementation of the 
    standard for enrollment and disenrollment in a health plan.
    
    Subpart P--Eligibility for a Health Plan
    
    142.1602  Standard for eligibility for a health plan.
    142.1604  Requirements: Health plans.
    144.1606  Requirements: Health care clearinghouses.
    142.1608  Requirements: Health care providers.
    142.1610  Effective dates of the initial implementation of the 
    standard for eligibility for a health plan.
    
    Subpart Q--Health Plan Premium Payments
    
    142.1702  Standard for health plan premium payments.
    142.1704  Requirements: Health plans.
    144.1706  Requirements: Health care clearinghouses.
    142.1708  Effective dates of the initial implementation of the 
    standard for health plan premium payments.
    
    Subpart R--Referral Certification and Authorization
    
    142.1802  Referral certification and authorization.
    142.1804  Requirements: Health plans.
    144.1806  Requirements: Health care clearinghouses.
    142.1808  Requirements: Health care providers.
    142.1810  Effective dates of the initial implementation of the 
    standard for referral certifications and authorizations.
    
        Authority: Sections 1173 and 1175 of the Social Security Act (42 
    U.S.C. 1320d-2 and 1320d-4)
    
    Subpart A--General Provisions
    
    
    Sec. 142.101  Statutory basis and purpose.
    
        Sections 1171 through 1179 of the Social Security Act, as added by 
    section 262 of the Health Insurance Portability and Accountability Act 
    of 1996, require HHS to adopt national standards for the electronic 
    exchange of health information in the health information system. The 
    purpose of these sections is to promote administrative simplification.
    
    
    Sec. 142.102  Applicability.
    
        (a) The standards adopted or designated under this part apply, in 
    whole or in part, to the following:
        (1) A health plan.
        (2) A health care clearinghouse when doing the following:
        (i) Transmitting a standard transaction (as defined in 
    Sec. 142.103) to a health care provider or health plan.
        (ii) Receiving a standard transaction from a health care provider 
    or health plan.
        (iii) Transmitting and receiving the standard transactions when 
    interacting with another health care clearinghouse.
        (3) A health care provider when transmitting an electronic 
    transaction as defined in Sec. 142.103.
        (b) Means of compliance are stated in greater detail in 
    Sec. 142.105.
    
    [[Page 25306]]
    
    Sec. 142.103  Definitions.
    
        For purposes of this part, the following definitions apply:
        ASC X12 stands for the Accredited Standards Committee chartered by 
    the American National Standards Institute to design national electronic 
    standards for a wide range of business applications.
        ASC X12N stands for the ASC X12 subcommittee chartered to develop 
    electronic standards specific to the insurance industry.
        Code set means any set of codes used for encoding data elements, 
    such as tables of terms, medical concepts, medical diagnostic codes, or 
    medical procedure codes.
        Health care clearinghouse means a public or private entity that 
    processes or facilitates the processing of nonstandard data elements of 
    health information into standard data elements. The entity receives 
    transactions from health care providers, health plans, other entities, 
    or other clearinghouses, translates the data from a given format into 
    one acceptable to the intended recipient, and forwards the processed 
    transaction to the appropriate recipient. Billing services, repricing 
    companies, community health management information systems, community 
    health information systems, and ``value-added'' networks and switches 
    are considered to be health care clearinghouses for purposes of this 
    part.
        Health care provider means a provider of services as defined in 
    section 1861(u) of the Social Security Act, a provider of medical or 
    other health services as defined in section 1861(s) of the Social 
    Security Act, and any other person who furnishes or bills and is paid 
    for health care services or supplies in the normal course of business.
        Health information means any information, whether oral or recorded 
    in any form or medium, that--
        (1) Is created or received by a health care provider, health plan, 
    public health authority, employer, life insurer, school or university, 
    or health care clearinghouse; and
        (2) Relates to the past, present, or future physical or mental 
    health or condition of an individual, the provision of health care to 
    an individual, or the past, present, or future payment for the 
    provision of health care to an individual.
        Health plan means an individual or group plan that provides, or 
    pays the cost of, medical care. Health plan includes the following, 
    singly or in combination:
        (1) Group health plan. A group health plan is an employee welfare 
    benefit plan (as currently defined in section 3(l) of the Employee 
    Retirement Income and Security Act of 1974 (29 U.S.C. 1002(l)), 
    including insured and self-insured plans, to the extent that the plan 
    provides medical care, including items and services paid for as medical 
    care, to employees or their dependents directly or through insurance, 
    or otherwise, and
        (i) Has 50 or more participants; or
        (ii) Is administered by an entity other than the employer that 
    established and maintains the plan.
        (2) Health insurance issuer. A health insurance issuer is an 
    insurance company, insurance service, or insurance organization that is 
    licensed to engage in the business of insurance in a State and is 
    subject to State law that regulates insurance.
        (3) Health maintenance organization. A health maintenance 
    organization is a Federally qualified health maintenance organization, 
    an organization recognized as a health maintenance organization under 
    State law, or a similar organization regulated for solvency under State 
    law in the same manner and to the same extent as such a health 
    maintenance organization.
        (4) Part A or Part B of the Medicare program under title XVIII of 
    the Social Security Act.
        (5) The Medicaid program under title XIX of the Social Security 
    Act.
        (6) A Medicare supplemental policy (as defined in section 
    1882(g)(1) of the Social Security Act).
        (7) A long-term care policy, including a nursing home fixed-
    indemnity policy.
        (8) An employee welfare benefit plan or any other arrangement that 
    is established or maintained for the purpose of offering or providing 
    health benefits to the employees of two or more employers.
        (9) The health care program for active military personnel under 
    title 10 of the United States Code.
        (10) The veterans health care program under 38 U.S.C., chapter 17.
        (11) The Civilian Health and Medical Program of the Uniformed 
    Services (CHAMPUS), as defined in 10 U.S.C. 1072(4).
        (12) The Indian Health Service program under the Indian Health Care 
    Improvement Act (25 U.S.C. 1601 et seq.).
        (13) The Federal Employees Health Benefits Program under 5 U.S.C. 
    chapter 89.
        (14) Any other individual or group health plan, or combination 
    thereof, that provides or pays for the cost of medical care.
        Medical care means the diagnosis, cure, mitigation, treatment, or 
    prevention of disease, or amounts paid for the purpose of affecting any 
    body structure or function of the body; amounts paid for transportation 
    primarily for and essential to these items; and amounts paid for 
    insurance covering the items and the transportation specified in this 
    definition.
        Participant means any employee or former employee of an employer, 
    or any member or former member of an employee organization, who is or 
    may become eligible to receive a benefit of any type from an employee 
    benefit plan that covers employees of that employer or members of such 
    an organization, or whose beneficiaries may be eligible to receive any 
    of these benefits. ``Employee'' includes an individual who is treated 
    as an employee under section 401(c)(1) of the Internal Revenue Code of 
    1986 (26 U.S.C. 401(c)(1)).
        Small health plan means a group health plan or individual health 
    plan with fewer than 50 participants.
        Standard means a set of rules for a set of codes, data elements, 
    transactions, or identifiers promulgated either by an organization 
    accredited by the American National Standards Institute or HHS for the 
    electronic transmission of health information.
        Transaction means the exchange of information between two parties 
    to carry out financial and administrative activities related to health 
    care. It includes the following:
        (1) Transactions specified in section 1173(a)(2) of the Act, which 
    are as follows:
        (i) Health claims or equivalent encounter information.
        (ii) Health care payment and remittance advice.
        (iii) Health claims status.
        (iv) Enrollment and disenrollment in a health plan.
        (v) Eligibility for a health plan.
        (vi) Health plan premium payments.
        (vii) First report of injury.
        (viii) Referral certification and authorization.
        (ix) Health claims attachments.
        (2) Other transactions as the Secretary may prescribe by 
    regulation. Coordination of benefits is a transaction under this 
    authority.
    
    
    Sec. 142.104  General requirements for health plans.
    
        If a person conducts a transaction (as defined in Sec. 142.103) 
    with a health plan as a standard transaction, the following apply:
        (a) The health plan may not refuse to conduct the transaction as 
    standard transaction.
        (b) The health plan may not delay the transaction or otherwise 
    adversely
    
    [[Page 25307]]
    
    affect, or attempt to adversely affect, the person or the transaction 
    on the basis that the transaction is a standard transaction.
        (c) The health information transmitted and received in connection 
    with the transaction must be in the form of standard data elements of 
    health information.
        (d) A health plan that conducts transactions through an agent must 
    assure that the agent meets all the requirements of this part that 
    apply to the health plan.
    
    
    Sec. 142.105  Compliance using a health care clearinghouse.
    
        (a) Any person or other entity subject to the requirements of this 
    part may meet the requirements to accept and transmit standard 
    transactions by either--
        (1) Transmitting and receiving standard data elements, or
        (2) Submitting nonstandard data elements to a health care 
    clearinghouse for processing into standard data elements and 
    transmission by the health care clearinghouse and receiving standard 
    data elements through the health care clearinghouse.
        (b) The transmission, under contract, of nonstandard data elements 
    between a health plan or a health care provider and its agent health 
    care clearinghouse is not a violation of the requirements of this part.
    
    
    Sec. 142.106  Effective dates of a modification to a standard or 
    implementation specification.
    
        If HHS adopts a modification to a standard or implementation 
    specification, the implementation date of the modified standard or 
    implementation specification may be no earlier than 180 days following 
    the adoption of the modification. HHS determines the actual date, 
    taking into account the time needed to comply due to the nature and 
    extent of the modification. HHS may extend the time for compliance for 
    small health plans.
    
    
    Sec. 142.110  Availability of implementation guides.
    
        The implementation guides specified in subparts K through R of this 
    part are available as set forth in paragraphs (a) through (c) of this 
    section. Entities requesting copies or access for inspection must 
    specify the standard by name, number, and version.
        (a) The implementation guides for ASC X12 standards may be obtained 
    from the Washington Publishing Company, 806 W. Diamond Ave., Suite 400, 
    Gaithersburg, MD, 20878; telephone 301-590-9337; and FAX: 301-869-9460. 
    They are also available, at no cost, through the Washington Publishing 
    Company on the Internet at http://www.wpc-edi.com/hipaa/.
        (b) The implementation guide for pharmacy claims may be obtained 
    from the National Council for Prescription Drug Programs, 4201 North 
    24th Street, Suite 365, Phoenix, AZ, 85016; telephone 602-957-9105; and 
    FAX 602-955-0749. It may also be obtained through the Internet at 
    http://www.ncpdp.org.
        (c) A copy of the guides may be inspected at the Office of the 
    Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, 
    DC and at the Health Care Financing Administration.
    
    Subparts B-I--[Reserved]
    
    Subpart J--Code Sets
    
    
    Sec. 142.1002  Medical data code sets.
    
        Health plans, health care clearinghouses, and health care providers 
    must use on electronic transactions the diagnostic and procedure code 
    sets as prescribed by HHS. These code sets are published in a notice in 
    the Federal Register. The implementation guides for the transaction 
    standards in part 142, Subparts K through R specify which of the 
    standard medical data code sets are to be used in individual data 
    elements within those transaction standards.
    
    
    Sec. 142.1004  Code sets for nonmedical data elements.
    
        The code sets for nonmedical data that must be used in a 
    transaction specified in subparts K through R of this part are the code 
    sets described in the implementation guide for the transaction 
    standard.
    
    
    Sec. 142.1010  Effective dates of the initial implementation of code 
    sets.
    
        (a) Health plans. (1) Each health plan that is not a small health 
    plan must comply with the requirements of Secs. 142.104, 142.1002, and 
    142.1004 by (24 months after the effective date of the final rule in 
    the Federal Register).
        (2) Each small health plan must comply with the requirements of 
    Secs. 142.104, 142.1002, and 142.1004 by [36 months after the effective 
    date of the final rule in the Federal Register].
        (b) Health care clearinghouses and health care providers. Each 
    health care clearinghouse and health care provider must begin to use 
    the standards specified in Secs. 142.1002 and 142.1004 by (24 months 
    after the effective date of the final rule in the Federal Register).
    
    Subpart K--Health Claims or Equivalent Encounter Information
    
    
    Sec. 142.1102  Standards for health claims or equivalent encounter 
    information.
    
        The health claims or equivalent encounter information standards 
    that must be used under this subpart are as follows:
        (a) For pharmacy claims, the NCPDP Telecommunications Standard 
    Format Version 3.2 and equivalent Standard Claims Billing Tape Format 
    batch implementation, version 2.0. The Director of the Federal Register 
    approves this incorporation by reference in accordance with 5 U.S.C. 
    552(a) and 1 CFR part 51. The guide is available at the addresses 
    specified in Sec. 142.108(b) and (c) of this part.
        (b) The ASC X12N 837--Health Care Claim: Dental, Version 4010, 
    Washington Publishing Company, 004010X097. The Director of the Federal 
    Register approves this incorporation by reference in accordance with 5 
    U.S.C. 552(a) and 1 CFR part 51. The guide is available at the 
    addresses specified in Sec. 142.108(a) and (c) of this part.
        (c) The ASC X12N 837--Health Care Claim: Professional, Version 
    4010, Washington Publishing Company, 004010X098. The Director of the 
    Federal Register approves this incorporation by reference in accordance 
    with 5 U.S.C. 552(a) and 1 CFR part 51. The guide is available at the 
    addresses specified in Sec. 142.108(a) and (c) of this part.
        (d) The ASC X12N 837--Health Care Claim--Institutional, Version 
    4010, Washington Publishing Company, 004010X096. The Director of the 
    Federal Register approves this incorporation by reference in accordance 
    with 5 U.S.C. 552(a) and 1 CFR part 51. The guide is available at the 
    addresses specified in Sec. 142.108(a) and (c) of this part.
    
    
    Sec. 142.1104  Requirements: Health plans.
    
        Each health plan must accept the standard specified in 
    Sec. 142.1102 when conducting transactions concerning health claims and 
    equivalent encounter information.
    
    
    Sec. 142.1106  Requirements: Health care clearinghouses.
    
        Each health care clearinghouse must use the standard specified in 
    Sec. 142.1102 when accepting or transmitting health claims or 
    equivalent encounter information transactions.
    
    
    Sec. 142.1108  Requirements: Health care providers.
    
        Any health care provider that transmits health claims or equivalent 
    encounter information electronically must use the standard specified in 
    Sec. 142.1102.
    
    [[Page 25308]]
    
    Sec. 142.1110  Effective dates of the initial implementation of the 
    health claim or equivalent encounter information standard.
    
        (a) Health plans. (1) Each health plan that is not a small health 
    plan must comply with the requirements of Secs. 142.104 and 142.1104 by 
    (24 months after the effective date of the final rule in the Federal 
    Register).
        (2) Each small health plan must comply with the requirements of 
    Secs. 142.104 and 142.1104 by (36 months after the effective date of 
    the final rule in the Federal Register).
        (b) Health care clearinghouses and health care providers. Each 
    health care clearinghouse and health care provider must begin to use 
    the standard specified in Sec. 142.1102 by (24 months after the 
    effective date of the final rule in the Federal Register).
    
    Subpart L--Health Claims and Remittance Advice
    
    
    Sec. 142.1202  Standard for health claims and remittance advice.
    
        The standard for health claims and remittance advice that must be 
    used under this subpart is the ASC X12N 835--Health Care Claim Payment/
    Advice, Version 4010, Washington Publishing Company, 004010X091. The 
    Director of the Federal Register approves this incorporation by 
    reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The 
    guide is available at the addresses specified in Sec. 142.108(a) and 
    (c) of this part.
    
    
    Sec. 142.1204  Requirements: Health plans.
    
        Each health plan must transmit the standard specified in 
    Sec. 142.1202 when conducting health claims and remittance advice 
    transactions.
    
    
    Sec. 142.1206  Requirements: Health care clearinghouses.
    
        Each health care clearinghouse must use the standard specified in 
    Sec. 142.1202 when accepting or transmitting health claims and 
    remittance advice.
    
    
    Sec. 142.1210  Effective dates of the initial implementation of the 
    health claims and remittance advice.
    
        (a) Health plans. (1) Each health plan that is not a small health 
    plan must comply with the requirements of Secs. 142.104 and 142.1204 by 
    (24 months after the effective date of the final rule in the Federal 
    Register).
        (2) Each small health plan must comply with the requirements of 
    Secs. 142.104 and 142.1204 by (36 months after the effective date of 
    the final rule in the Federal Register).
        (b) Health care clearinghouses. Each health care clearinghouse must 
    begin to use the standard specified in Sec. 142.1204 by (24 months 
    after the effective date of the final rule in the Federal Register).
    
    Subpart M--Coordination of Benefits
    
    
    Sec. 142.1302  Standard for coordination of benefits.
    
        The coordination of benefits information standards that must be 
    used under this subpart are as follows:
        (a) For pharmacy claims, the NCPDP Telecommunications Standard 
    Format Version 3.2 and equivalent Standard Claims Billing Tape Format 
    batch implementation, version 2.0. The Director of the Federal Register 
    approves this incorporation by reference in accordance with 5 U.S.C. 
    552(a) and 1 CFR part 51. The guide is available at the addresses 
    specified in Sec. 142.108(b) and (c) of this part.
        (b) For dental claims, the ASC X12N 837--Health Care Claim: Dental, 
    Version 4010, Washington Publishing Company, 004010X097. The Director 
    of the Federal Register approves this incorporation by reference in 
    accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The guide is 
    available at the addresses specified in Sec. 142.108(a) and (c) of this 
    part.
        (c) For professional claims, the ASC X12N 837--Health Care Claim: 
    Professional, Version 4010, Washington Publishing Company, 004010X098. 
    The Director of the Federal Register approves this incorporation by 
    reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The 
    guide is available at the addresses specified in Sec. 142.108(a) and 
    (c) of this part.
        (d) For institutional claims, the ASC X12N 837--Health Care Claim--
    Institutional, Version 4010, Washington Publishing Company, 004010X096. 
    The Director of the Federal Register approves this incorporation by 
    reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The 
    guide is available at the addresses specified in Sec. 142.108(a) and 
    (c) of this part.
    
    
    Sec. 142.1304  Requirements: Health plans.
    
        Each health plan that performs coordination of benefits must accept 
    and transmit the standard specified in Sec. 142.1302 when accepting or 
    transmitting coordination of benefits transactions.
    
    
    Sec. 142.1306  Requirements: Health care clearinghouses.
    
        Each health care clearinghouse must use the standard specified in 
    Sec. 142.1302 when accepting or transmitting coordination of benefits 
    transactions.
    
    
    Sec. 142.1308  Effective dates of the initial implementation of the 
    standard for coordination of benefits.
    
        (a) Health plans. (1) Each health plan that performs coordination 
    of benefits and is not a small health plan must comply with the 
    requirements of Secs. 142.104 and 142.1304 by (24 months after the 
    effective date of the final rule in the Federal Register).
        (2) Each small health plan that performs coordination of benefits 
    must comply with the requirements of Secs. 142.104 and 142.1304 by (36 
    months after the effective date of the final rule in the Federal 
    Register).
        (b) Health care clearinghouses. Each health care clearinghouse must 
    begin to use the standard specified in Sec. 142.1302 by (24 months 
    after the effective date of the final rule in the Federal Register).
    
    Subpart N--Health Claim Status
    
    
    Sec. 142.1402  Standard for health claim status.
    
        The standard for health claim status that must be used under this 
    subpart is the ASC X12N 276/277 Health Care Claim Status Request and 
    Response, Version 4010, Washington Publishing Company, 004010X093. The 
    Director of the Federal Register approves this incorporation by 
    reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The 
    guide is available at the addresses specified in Sec. 142.108(a) and 
    (c) of this part.
    
    
    Sec. 142.1404  Requirements: Health plans.
    
        Each health plan must accept and transmit the standard specified in 
    Sec. 142.1402 when accepting or transmitting health claim status in 
    transactions with health care providers.
    
    
    Sec. 142.1406  Requirements: Health care clearinghouses.
    
        Each health care clearinghouse must use the standard specified in 
    Sec. 142.1402 when accepting or transmitting health claims status 
    transactions.
    
    
    Sec. 142.1408  Requirements: Health care providers.
    
        Any health care provider that transmits or accepts health claims 
    status electronically must use the standard specified in Sec. 142.1402.
    
    
    Sec. 142.1410  Effective dates of the initial implementation of the 
    standard for health claims status.
    
        (a) Health plans. (1) Each health plan that is not a small health 
    plan must comply with the requirements of Secs. 142.104 and 142.1404 by 
    (24 months after the effective date of the final rule in the Federal 
    Register).
        (2) Each small health plan must comply with the requirements of
    
    [[Page 25309]]
    
    Sec. Sec. 142.104 and 142.1404 by (36 months after the effective date 
    of the final rule in the Federal Register).
        (b) Health care clearinghouses and health care providers. Each 
    health care clearinghouse and health care provider must begin to use 
    the standard specified in Sec. 142.1402 by (24 months after the 
    effective date of the final rule in the Federal Register).
    
    Subpart O--Enrollment and Disenrollment in a Health Plan
    
    
    Sec. 142.1502  Standard for enrollment and disenrollment in a health 
    plan.
    
        The standard for enrollment and disenrollment in a health plan that 
    must be used under this subpart is the ASC X12 834--Benefit Enrollment 
    and Maintenance, [date], Version 4010, Washington Publishing Company, 
    (004010X095). The Director of the Federal Register approves this 
    incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
    part 51. The guide is available at the addresses specified in 
    Sec. 142.110(a) and (c).
    
    
    Sec. 142.1504  Requirements: Health plans.
    
        Each health plan must accept the standard specified in 
    Sec. 142.1502 when accepting transactions for enrollment and 
    disenrollment in a health plan.
    
    
    Sec. 142.1506  Requirements: Health care clearinghouses.
    
        Each health care clearinghouse must use the standard specified in 
    Sec. 142.1502 when accepting or transmitting transactions for 
    enrollment and disenrollment in a health plan.
    
    
    Sec. 142.1508  Effective dates of the initial implementation of the 
    standard for enrollment and disenrollment in a health plan.
    
        (a) Health plans. (1) Each health plan that is not a small health 
    plan must comply with the requirements of Secs. 142.104 and 142.1504 by 
    (24 months after the effective date of the final rule in the Federal 
    Register).
        (2) Each small health plan must comply with the requirements of 
    Secs. 142.104 and 142.1504 by (36 months after the effective date of 
    the final rule in the Federal Register).
        (b) Health care clearinghouses. Each health care clearinghouse must 
    begin to use the standard specified in Sec. 142.1502 by (24 months 
    after the effective date of the final rule in the Federal Register).
    
    Subpart P--Eligibility for a Health Plan
    
    
    Sec. 142.1602  Standard for eligibility for a health plan.
    
        The standard for eligibility for a health plan transaction that 
    must be used under this subpart is ASC X12N 270--Health Care 
    Eligibility Benefit Inquiry and ASC X12N 271--Health Care Eligibility 
    Benefit Response, [date], Version 4010, Washington Publishing Company, 
    (004010X092). The Director of the Federal Register approves this 
    incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
    part 51. The guide is available at the addresses specified in 
    Sec. 142.108(a) and (c) of this part.
    
    
    Sec. 142.1604  Requirements: Health plans.
    
        Each health plan must accept and transmit the standard specified in 
    Sec. 142.1602 when accepting or transmitting transactions for 
    eligibility for a health plan.
    
    
    Sec. 142.1606  Requirements: Health care clearinghouses.
    
        Each health care clearinghouse must use the standard specified in 
    Sec. 142.1602 when accepting or transmitting transactions for 
    eligibility for a health plan.
    
    
    Sec. 142.1608  Requirements: Health care providers.
    
        Any health care provider that transmits or receives transactions 
    for eligibility for a health plan electronically must use the standard 
    specified in Sec. 142.1602.
    
    
    Sec. 142.1610  Effective dates of the initial implementation of the 
    standard for eligibility for a health plan.
    
        (a) Health plans. (1) Each health plan that is not a small health 
    plan must comply with the requirements of Secs. 142.104 and 142.1604 by 
    (24 months after the effective date of the final rule in the Federal 
    Register).
        (2) Each small health plan must comply with the requirements of 
    Secs. 142.104 and 142.1604 by (36 months after the effective date of 
    the final rule in the Federal Register).
        (b) Health care clearinghouses and health care providers. Each 
    health care clearinghouse and health care provider must begin to use 
    the standard specified in Sec. 142.1602 by (24 months after the 
    effective date of the final rule in the Federal Register).
    
    Subpart Q--Health Plan Premium Payments
    
    
    Sec. 142.1702  Standard for health plan premium payments.
    
        The standard for health plan premium payments that must be used 
    under this subpart is the ASC X12 820--Payment Order/Remittance Advice, 
    (date), Version 4010, Washington Publishing Company, (004010X061). The 
    Director of the Federal Register approves this incorporation by 
    reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The 
    guide is available at the addresses specified in Sec. 142.108(a) and 
    (c) of this part.
    
    
    Sec. 142.1704  Requirements: Health plans.
    
        Each health plan must accept the standard specified in 
    Sec. 142.1702 when accepting electronically transmitted health plan 
    premium payments.
    
    
    Sec. 142.1706  Requirements: Health care clearinghouses.
    
        Each health care clearinghouse must use the standard specified in 
    Sec. 142.1702 when accepting or transmitting health plan premium 
    payments.
    
    
    Sec. 142.1708  Effective dates of the initial implementation of the 
    standard for health plan premium payments.
    
        (a) Health plans. (1) Each health plan that is not a small health 
    plan must comply with the requirements of Secs. 142.104 and 142.1704 by 
    (24 months after the effective date of the final rule in the Federal 
    Register).
        (2) Each small health plan must comply with the requirements of 
    Secs. 142.104 and 142.1704 by (36 months after the effective date of 
    the final rule in the Federal Register).
        (b) Health care clearinghouses. Each health care clearinghouse must 
    begin to the use the standard specified in Sec. 142.1702 by (24 months 
    after the effective date of the final rule in the Federal Register).
    
    Subpart R--Referral Certification and Authorization
    
    
    Sec. 142.1802  Referral certification and authorization.
    
        The standard for referral certification and authorization 
    transactions that must be used under this subpart is the ASC X12N 278--
    Request for Review and Response, (date), Version 4010, Washington 
    Publishing Company, (004010X094). The Director of the Federal Register 
    approves this incorporation by reference in accordance with 5 U.S.C. 
    552(a) and 1 CFR part 51. The guide is available at the addresses 
    specified in Sec. 142.108(a) and (c) of this part.
    
    
    Sec. 142.1804  Requirements: Health plans.
    
        Each health plan must accept and transmit the standard specified in 
    Sec. 142.1802 when accepting or transmitting referral certifications 
    and authorizations.
    
    
    Sec. 142.1806  Requirements: Health care clearinghouses.
    
        Each health care clearinghouse must use the standard specified in 
    Sec. 142.1902
    
    [[Page 25310]]
    
    when accepting or transmitting referral certifications and 
    authorizations.
    
    
    Sec. 142.1808  Requirements: Health care providers.
    
        Any health care provider that transmits or accepts referral 
    certifications and authorizations electronically must use the standard 
    specified in Sec. 142.1902.
    
    
    Sec. 142.1810  Effective dates of the initial implementation of the 
    standard for referral certifications and authorizations.
    
        (a) Health plans. (1) Each health plan that is not a small health 
    plan must comply with the requirements of Secs. 142.104 and 142.1804 by 
    (24 months after the effective date of the final rule in the Federal 
    Register).
        (2) Each small health plan must comply with the requirements of 
    Secs. 142.104 and 142.1804 by (36 months after the effective date of 
    the final rule in the Federal Register).
        (b) Health care clearinghouses and health care providers. Each 
    health care clearinghouse and health care provider must begin to use 
    the standard specified in Sec. 142.1802 by (24 months after the 
    effective date of the final rule in the Federal Register).
    
        Dated: March 27, 1998.
    Donna E. Shalala,
    Secretary.
        Note: These Addenda will not appear in the Code of Federal 
    Regulations.
    
    Addendum 1--Health Claims or Equivalent Encounter Information
    
    A. Retail Drug Claim or Equivalent Encounter
    
        The transactions selected for retail drug claims are accredited 
    by the American National Standards Institute (ANSI). The 
    transactions are: NCPDP Telecommunications Standard Format version 
    3.2 and the equivalent NCPDP Batch Standard Version 1.0.
    
    1. Implementation Guide and Source
    
        The source of the implementation guide for the NCPDP 
    Telecommunication Standard Format Version 3.2 and the equivalent 
    NCPDP Batch Standard Version 1.0 is the National Council for 
    Prescription Drug Programs, 4201 North 24th Street, Suite 365, 
    Phoenix, AZ, 85016, Telephone 602-957-9105, FAX 602-955-0749. The 
    web site address is http://www.ncpdp.org
    
    2. Data Elements
    
    Accumulated Deductible Amount
    Additional Message Information
    Adjustment/reject Code--1
    Adjustment/reject Code--2
    Adjustment/reject Code--3
    Alternate Product Code
    Alternate Product Type
    Amount Attributed to Sales Tax
    Amount Billed
    Amount of Co-pay/co-insurance
    Amount Rejected
    Amt. Applied to Periodic Deduct
    Amt. Attrib. To Prod. Selection
    Amt. Exceed. Periodic Benefit Max
    Authorization Number
    Basis of Cost Determination
    Basis of Days Supply Determination
    Basis of Reimb. Determination
    Batch Number
    Bin Number
    Cardholder First Name
    Cardholder Id Number
    Cardholder Last Name
    Carrier Address
    Carrier Correction Notice Fields
    Carrier Identification Number
    Carrier Location City
    Carrier Location State
    Carrier Name
    Carrier Telephone Number
    Carrier Zip Code
    Claim Count
    Claim/reference Id Number
    Clinic Id Number
    Co-pay Amount
    Comments-1
    Comments-2
    Compound Code
    Contract Fee Paid
    Customer Location
    Date Filled
    Date of Birth
    Date of Injury
    Date Prescription Written
    Days Supply
    Destination Name
    Destination Processor Number
    Diagnosis Code
    Diskette Record Id
    Dispense as Written (Daw)
    Dispensing Fee Submitted
    Dollar Count
    Dollars Adjusted
    Dollars Billed
    Dollars Rejected
    Drug Name
    Drug Type
    Dur Conflict Code
    Dur Intervention Code
    Dur Outcome Code
    Dur Response Data
    Eligibility Clarification Code
    Employer City Address
    Employer Contact Name
    Employer Name
    Employer Phone Number
    Employer State Address
    Employer Street Address
    Employer Zip Code
    Fee or Markup
    Gross Amount Due
    Group Number
    Home Plan
    Host Plan
    Incentive Amount Submitted
    Incentive Fee Paid
    Ingredient Cost Billed
    Ingredient Cost Paid
    Ingredient Cost
    Level of Service
    Master Sequence Number
    Message
    Metric Decimal Quantity
    Metric Quantity
    Ndc Number
    New/refill Code
    Number of Refills Authorized
    Other Coverage Code
    Other Payor Amount
    Patient City Address
    Patient First Name
    Patient Last Name
    Patient Paid Amount
    Patient Pay Amount
    Patient Phone Number
    Patient Social Security
    Patient State Address
    Patient Street Address
    Patient Zip Code
    Payment Processor Id
    Person Code
    Pharmacy Address
    Pharmacy Count
    Pharmacy Location City
    Pharmacy Location State
    Pharmacy Name
    Pharmacy Number
    Pharmacy Telephone Number
    Pharmacy Zip Code
    Plan Identification
    Postage Amount Claimed
    Postage Amount Paid
    Prescriber Id
    Prescriber Last Name
    Prescription Denial Clarification
    Prescription Number
    Prescription Origin Code
    Primary Prescriber
    Prior Authorization/medical Certification Code And Number
    Processor Address
    Processor Control Number
    Processor Location City
    Processor Location State
    Processor Name
    Processor Number
    Processor Telephone Number
    Processor Zip Code
    Record Identifier
    Reject Code
    Reject Count
    Relationship Code
    Remaining Benefit Amount
    Remaining Deductible Amount
    Response Data
    Response Status
    Resubmission Cycle Count
    Run Date
    Sales Tax Paid
    Sales Tax
    Sex Code
    System Id
    Terminal Id
    Third Party Type
    Total Amount Paid
    Transaction Code
    Unit Dose Indicator
    Usual And Customary Charge
    Version Release Number
    
    B. Professional Health Claim or Equivalent Encounter
    
        The transaction selected for the professional (non-
    institutional) health claim or equivalent encounter information is 
    ASC X12N 837--Health Care Claim: Professional (004010X098)
    
    1. Implementation Guide and Source
    
        The source of the implementation guide for the professional 
    health care claim or equivalent encounter is: Washington Publishing 
    Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 20878, 
    Telephone 301-590-9337, FAX: 301-869-
    
    [[Page 25311]]
    
    9460. The web site address is http://www.wpc-edi.com/hipaa/
    
    2. Data Elements
    
    Accident Date
    Acute Manifestation Date
    Additional Submitter or Receiver Name
    Adjudication or Payment Date
    Adjusted Repriced Claim Reference Number
    Adjusted Repriced Line Item Reference Number
    Adjustment Amount
    Adjustment Quantity
    Adjustment Reason Code
    Agency Qualifier Code
    Allowed Amount
    Ambulatory Patient Group Number
    Amino Acid Name
    Amount Qualifier Code
    Anesthesia or Oxygen Minute Count
    Approved Ambulatory Patient Group Amount
    Approved Ambulatory Patient Group Code
    Approved Service Unit Count
    Arterial Blood Gas Quantity
    Arterial Blood Gas Test Date
    Assigned Number
    Assumed or Relinquished Care Date
    Attachment Control Number
    Attachment Description Text
    Attachment Report Type Code
    Attachment Transmission Code
    Auto Accident State or Province Code
    Benefits Assignment Certification Indicator
    Billing Provider Additional Name
    Billing Provider City Name
    Billing Provider Contact Name
    Billing Provider Credit Card Identifier
    Billing Provider First Address Line
    Billing Provider First Name
    Billing Provider Identifier
    Billing Provider Last or Organizational Name
    Billing Provider Middle Name
    Billing Provider Name Suffix
    Billing Provider Postal Zone or ZIP Code
    Billing Provider Second Address Line
    Billing Provider State or Province Code
    Bundled or Unbundled Line Number
    Certification Form Number
    Certification Period Projected Visit Count
    Certified Registered Nurse Anesthetist Supervision Indicator
    Claim Adjustment Group Code
    Claim Encounter Identifier
    Claim Filing Indicator Code
    Claim Frequency Code
    Claim Note Text
    Claim Payment Remark Code
    Claim Submission Reason Code
    Clinical Laboratory Improvement Amendment Number
    Code Category
    Code List Qualifier Code
    Coinsurance Amount
    Communication Number Qualifier
    Communication Number
    Complication Indicator
    Condition Codes
    Condition Indicator
    Contact Function Code
    Contact Inquiry Reference
    Continuous Passive Motion Date
    Contract Amount
    Contract Code
    Contract Percentage
    Contract Type Code
    Contract Version Identifier
    Country Code
    Coverage Certification Period Count
    Creation Date
    Credit or Debit Card Holder Additional Name
    Credit or Debit Card Holder First Name
    Credit or Debit Card Holder Last or Organizational Name
    Credit or Debit Card Holder Middle Name
    Credit or Debit Card Holder Name Suffix
    Credit or Debit Card Maximum Amount
    Credit or Debit Card Number
    Credit/Debit Flag Code
    Currency Code
    Current Illness or Injury Date
    CHAMPUS Non-availability Indicator
    Daily Amino Acid Gram Use Count
    Daily Amino Acid Prescription Milliliter Use Count
    Daily Dextrose Prescription Milliliter Use Count
    Daily Prescribed Nutrient Calorie Count
    Daily Prescribed Product Calorie Count
    Date of Surgical Procedure
    Date Time Period Format Qualifier
    Date/Time Qualifier
    Deductible Amount
    Diagnosis Associated Amount
    Diagnosis Code Pointer
    Diagnosis Code
    Disability Type Code
    Disability-From Date
    Disability-To Date
    Discipline Type Code
    Drug Formulary Number
    Drug Unit Price
    Emergency Indicator
    Emergency Medical Technician (EMT) or Paramedic First Name
    Emergency Medical Technician or Paramedic Middle Name
    Emergency Medical Technician or Paramedic City Name
    Emergency Medical Technician or Paramedic First Address Line
    Emergency Medical Technician or Paramedic Last Name
    Emergency Medical Technician or Paramedic Name Additional Text
    Emergency Medical Technician or Paramedic Primary Identifier
    Emergency Medical Technician or Paramedic Second Address Line
    Emergency Medical Technician or Paramedic Secondary Identifier
    Emergency Medical Technician or Paramedic State Code
    Emergency Medical Technician or Paramedic ZIP Code
    Employment Status Code
    End Stage Renal Disease Payment Amount
    Enteral or Parenteral Indicator
    Entity Identifier Code
    Entity Type Qualifier
    Exception Code
    Exchange Rate
    Explanation of Benefits Indicator
    EPSDT Indicator
    Facility Type Code
    Family Planning Indicator
    Feeding Count
    File Creation Time
    First Visit Date
    Fixed Format Information
    Functional Status Code
    Group or Policy Number
    Hierarchical Child Code
    Hierarchical ID Number
    Hierarchical Level Code
    Hierarchical Parent ID Number
    Hierarchical Structure Code
    Homebound Indicator
    Hospice Employed Provider Indicator
    HCPCS Payable Amount
    Identification Code Qualifier
    Immunization Status Code
    Immunization Type Code
    Independent Lab Charge Amount
    Individual Relationship Code
    Information Release Code
    Information Release Date
    Ingredient Cost Claimed Amount
    Initial Treatment Date
    Insurance Type Code
    Insured Employer Additional Name
    Insured Employer City Name
    Insured Employer Contact Name
    Insured Employer First Address Line
    Insured Employer First Name
    Insured Employer Identifier
    Insured Employer Middle Name
    Insured Employer Name Suffix
    Insured Employer Name
    Insured Employer Second Address Line
    Insured Employer State Code
    Insured Employer ZIP Code
    Insured Group Name
    Insured Group Number
    Investigational Device Exemption Identifier
    Laboratory or Facility City Name
    Laboratory or Facility Contact Name
    Laboratory or Facility First Address Line
    Laboratory or Facility Name Additional Text
    Laboratory or Facility Name
    Laboratory or Facility Postal ZIP or Zonal Code
    Laboratory or Facility Primary Identifier
    Laboratory or Facility Second Address Line
    Laboratory or Facility Secondary Identifier
    Laboratory or Facility State or Province Code
    Last Certification Date
    Last Menstrual Period Date
    Last Seen Date
    Last Worked Date
    Last X-Ray Date
    Legal Representative Additional Name
    Legal Representative City Name
    Legal Representative First Address Line
    Legal Representative First Name
    Legal Representative Last or Organization Name
    Legal Representative Middle Name
    Legal Representative Second Address Line
    Legal Representative State Code
    Legal Representative Suffix Name
    Legal Representative ZIP Code
    Line Item Control Number
    Line Note Text
    Mammography Certification Number
    Measurement Qualifier
    Measurement Reference Identification Code
    Medical Justification Text
    Medical Record Number
    Medicare Assignment Code
    Medicare Coverage Indicator
    Multiple Procedure Indicator
    National Drug Code
    National Drug Unit Count
    Nature of Condition Code
    Non-Payable Professional Component Billed Amount
    Non-Visit Code
    Note Reference Code
    
    [[Page 25312]]
    
    Nutrient Administration Method Code
    Nutrient Administration Technique Code
    Onset Date
    Ordering Provider City Name
    Ordering Provider Contact Name
    Ordering Provider First Address Line
    Ordering Provider First Name
    Ordering Provider Identifier
    Ordering Provider Last Name
    Ordering Provider Middle Name
    Ordering Provider Name Additional Text
    Ordering Provider Name Suffix
    Ordering Provider Second Address Line
    Ordering Provider Secondary Identifier
    Ordering Provider State Code
    Ordering Provider ZIP Code
    Original Line Item Reference Number
    Originator Application Transaction Identifier
    Other Employer Additional Name
    Other Employer City Name
    Other Employer First Address Line
    Other Employer First Name
    Other Employer Last or Organization Name
    Other Employer Middle Name
    Other Employer Second Address Line
    Other Employer State Code
    Other Employer ZIP Code
    Other Insured Additional Identifier
    Other Insured Additional Name
    Other Insured Birth Date
    Other Insured City Name
    Other Insured First Address Line
    Other Insured First Name
    Other Insured Gender Code
    Other Insured Identifier
    Other Insured Last Name
    Other Insured Middle Name
    Other Insured Name Suffix
    Other Insured Plan Name or Program Name
    Other Insured Second Address Line
    Other Insured State Code
    Other Insured ZIP Code
    Other Payer Additional Name Text
    Other Payer City Name
    Other Payer Covered Amount
    Other Payer Discount Amount
    Other Payer Federal Mandate Amount
    Other Payer First Address Line
    Other Payer Interest Amount
    Other Payer Last or Organization Name
    Other Payer Patient Paid Amount
    Other Payer Patient Responsibility Amount
    Other Payer Per Day Limit Amount
    Other Payer Pre-Tax Claim Total Amount
    Other Payer Primary Identifier
    Other Payer Second Address Line
    Other Payer Secondary Identifier
    Other Payer State Code
    Other Payer Tax Amount
    Other Payer ZIP Code
    Oxygen Saturation Quantity
    Oxygen Saturation Test Date
    Paid Service Unit Count
    Paramedic Contact Name
    Patient Account Number
    Patient Additional Name
    Patient Age
    Patient Amount Paid
    Patient Birth Date
    Patient City Name
    Patient Death Date
    Patient Facility Additional Name Text
    Patient Facility City Name
    Patient Facility First Address Line
    Patient Facility Name
    Patient Facility Second Address Line
    Patient Facility State Code
    Patient Facility Zip Code
    Patient First Address Line
    Patient First Name
    Patient Gender Code
    Patient Height
    Patient Last Name
    Patient Marital Status Code
    Patient Middle Name
    Patient Name Suffix
    Patient Primary Identifier
    Patient Second Address Line
    Patient Secondary Identifier
    Patient Signature Source Code
    Patient State Code
    Patient ZIP Code
    Pay-to Provider Additional Name
    Pay-to Provider City Name
    Pay-to Provider Contact Name
    Pay-to Provider First Address Line
    Pay-to Provider First Name
    Pay-to Provider Identifier
    Pay-to Provider Last or Organizational Name
    Pay-to Provider Middle Name
    Pay-to Provider Name Suffix
    Pay-to Provider Second Address Line
    Pay-to Provider State Code
    Pay-to Provider ZIP Code
    Payer Additional Identifier
    Payer Additional Name
    Payer City Name
    Payer First Address Line
    Payer Identifier
    Payer Name
    Payer Paid Amount
    Payer Responsibility Sequence Number Code
    Payer Second Address Line
    Payer State Code
    Payer ZIP Code
    Period Count
    Place of Service Code
    Policy Compliance Code
    Postage Claimed Amount
    Prescription Amino Acid Concentration Percent
    Prescription Date
    Prescription Dextrose Concentration Percent
    Prescription Lipid Concentration Percent
    Prescription Lipid Milliliter Use Count
    Prescription Number
    Prescription Period Count
    Pricing Methodology
    Prior Authorization Number
    Procedure Modifier
    Product Name
    Product/Service ID Qualifier
    Product/Service Procedure Code
    Prognosis Code
    Property Casualty Claim Number
    Provider or Supplier Signature Indicator
    Provider Code
    Provider Identifier
    Provider Organization Code
    Provider Signature Date
    Provider Specialty Certification Code
    Provider Specialty Code
    Purchase Price Amount
    Purchase Service Charge Amount
    Purchase Service Provider Identifier
    Purchase Service State Code
    Purchased Service Provider City Name
    Purchased Service Provider Contact Name
    Purchased Service Provider First Address Line
    Purchased Service Provider First Name
    Purchased Service Provider Last or Organization Name
    Purchased Service Provider Middle Name
    Purchased Service Provider Name Additional Text
    Purchased Service Provider Second Address Line
    Purchased Service Provider Secondary Identifier
    Purchased Service Provider State Code
    Purchased Service Provider ZIP Code
    Quantity Qualifier
    Record Format Code
    Reference Identification Qualifier
    Referral Number
    Referring Provider City Name
    Referring Provider Contact Name
    Referring Provider First Address Line
    Referring Provider First Name
    Referring Provider Identification Number
    Referring Provider Last Name
    Referring Provider Middle Name
    Referring Provider Name Additional Text
    Referring Provider Name Suffix
    Referring Provider Second Address Line
    Referring Provider Secondary Identifier
    Referring Provider State Code
    Referring Provider ZIP Code
    Reimbursement Rate
    Reject Reason Code
    Related Hospitalization Admission Date
    Related Hospitalization Discharge Date
    Related Nursing Home Admission Date
    Related-Causes Code
    Rendering Provider City Name
    Rendering Provider Contact Name
    Rendering Provider First Address Line
    Rendering Provider First Name
    Rendering Provider Identifier
    Rendering Provider Last Name
    Rendering Provider Middle Name
    Rendering Provider Name Additional Text
    Rendering Provider Name Suffix
    Rendering Provider Second Address Line
    Rendering Provider Secondary Identifier
    Rendering Provider State Code
    Rendering Provider ZIP Code
    Rental Equipment Billing Frequency Code
    Rental Price Amount
    Repriced Claim Reference Number
    Repriced Line Item Reference Number
    Repricing Organization Identifier
    Repricing Per Diem or Flat Rate Amount
    Resource Utilization Group Number
    Resubmission Number
    Retirement or Insurance Card Date
    Review By Code Indicator
    Sales Tax Amount
    Sample Selection Modules
    Saving Amount
    School City Name
    School Contact Name
    School First Address Line
    School Name Additional Text
    School Name
    School Primary Identifier
    School Second Address Line
    School State Code
    School ZIP Code
    Second Admission Date
    Second Discharge Date
    Service Date
    Service From Date
    Service Line Paid Amount
    Service Type Code
    Service Unit Count
    Ship/Delivery or Calendar Pattern Code
    Ship/Delivery Pattern Time Code
    
    [[Page 25313]]
    
    Shipped Date
    Similar Illness or Symptom Date
    Special Program Indicator
    Statement Covers Period End Date
    Statement Covers Period Start Date
    Student Status Code
    Submittal Date
    Submitted Charge Amount
    Submitter or Receiver Address Line
    Submitter or Receiver City Name
    Submitter or Receiver Contact Name
    Submitter or Receiver First Name
    Submitter or Receiver Identifier
    Submitter or Receiver Last or Organization Name
    Submitter or Receiver Middle Name
    Submitter or Receiver State Code
    Submitter or Receiver ZIP Code
    Submitter Additional Name
    Subscriber or Dependent Death Date
    Subscriber Additional Identifier
    Subscriber Birth Date
    Subscriber Contact Name
    Subscriber First Name
    Subscriber Gender Code
    Subscriber Identifier
    Subscriber Last Name
    Subscriber Marital Status Code
    Subscriber Middle Name
    Subscriber Name Suffix
    Subscriber Postal ZIP Code
    Subscriber Second Address Line
    Subscriber State
    Supervising Provider City Name
    Supervising Provider Contact Name
    Supervising Provider First Address Line
    Supervising Provider First Name
    Supervising Provider Identification Number
    Supervising Provider Last Name
    Supervising Provider Middle Name
    Supervising Provider Name Additional Text
    Supervising Provider Name Suffix
    Supervising Provider Second Address Line
    Supervising Provider Secondary Identifier
    Supervising Provider State Code
    Supervising Provider ZIP Code
    Supporting Document Question Identifier
    Supporting Document Response Code
    Surgical Procedure Code
    Terms Discount Percentage
    Test Performed Date
    Test Results
    Time Period Qualifier
    Total Claim Charge Amount
    Total Purchased Service Amount
    Total Visits Rendered Count
    Transaction Segment Count
    Transaction Set Control Number
    Transaction Set Identifier Code
    Transaction Set Purpose Code
    Treatment or Therapy Date
    Treatment Length
    Unit or Basis for Measurement Code
    Value Added Network Trace Number
    Version Identification Code
    Version Identifier
    Weekly Prescription Lipid Use Count
    Work Return Date
    X-Ray Availability Indicator Code
    
    C. Institutional Claim or Equivalent Encounter
    
        The transaction selected for the institutional health care claim 
    or equivalent encounter information is ASC X12N 837--Health Care 
    Claim: Institutional (004010X096).
    
    1. Implementation Guide and Source
    
        The source of the implementation guide for the institutional 
    health care claim or equivalent encounter is: Washington Publishing 
    Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 20878, 
    Telephone 301-590-9337, FAX: 301-869-9460. The web site address is 
    http://www.wpc-edi.com/hipaa/
    
    2. Data Elements
    
    Activities Permitted
    Adjusted Repriced Claim Reference Number
    Adjustment Amount
    Adjustment Quantity
    Adjustment Reason Code
    Admission Date and Hour
    Admission Source Code
    Admission Type Code
    Allowed Amount
    Amount Qualifier Code
    Approved Amount
    Approved Diagnosis Related Group Code
    Approved HCPCS Code
    Approved Revenue Code
    Approved Service Unit Count
    Assigned Number
    Attachment Control Number
    Attachment Description Text
    Attachment Report Type Code
    Attachment Transmission Code
    Attending Physician First Name
    Attending Physician Last Name
    Attending Physician Middle Name
    Attending Physician Primary Identifier
    Auto Accident State or Province Code
    Benefits Assignment Certification Indicator
    Billing Note Text
    Billing Provider City Name
    Billing Provider Contact Name
    Billing Provider First Address Line
    Billing Provider Identifier
    Billing Provider Last or Organizational Name
    Billing Provider Postal Zone or ZIP Code
    Billing Provider Second Address Line
    Billing Provider State or Province Code
    Certification Condition Indicator
    Certification Type Code
    Claim Adjustment Group Code
    Claim Days Count
    Claim Disproportionate Share Amount
    Claim DRG Amount
    Claim DRG Outlier Amount
    Claim Encounter Identifier
    Claim ESRD Payment Amount
    Claim Filing Indicator Code
    Claim Frequency Code
    Claim HCPCS payable amount
    Claim Indirect Teaching Amount
    Claim MSP Pass-through amount
    Claim Note Text
    Claim Original Reference Number
    Claim Payment Remark Code
    Claim PPS capital amount
    Claim PPS capital outlier amount
    Claim Total Denied Charge Amount
    Code Associated Amount
    Code Associated Date
    Code Associated Quantity
    Code Category
    Code List Qualifier Code
    Contact Function Code
    Contract Amount
    Contract Code
    Contract Percentage
    Contract Type Code
    Contract Version Identifier
    Cost Report Day Count
    Country Code
    Covered Days or Visits Count
    Creation Date
    Credit or Debit Card Authorization Number
    Credit or Debit Card Holder First Name
    Credit or Debit Card Holder Last or Organizational Name
    Credit or Debit Card Holder Middle Name
    Credit or Debit Card Maximum Amount
    Credit or Debit Card Number
    Currency Code
    Date Time Period Format Qualifier
    Date/Time Qualifier
    Diagnosis Date
    Discharge Hour
    Discipline Type Code
    Document Control Identifier
    Employer Identification Number
    Employment Status Code
    Entity Identifier Code
    Entity Type Qualifier
    Estimated Amount Due
    Estimated Claim Due Amount
    Exception Code
    Explanation of Benefits Indicator
    Facility Code Qualifier
    Facility Type Code
    File Creation Time
    Frequency Number
    Functional Limitation Code
    Group or Policy Number
    Hierarchical Child Code
    Hierarchical ID Number
    Hierarchical Level Code
    Hierarchical Parent ID Number
    Hierarchical Structure Code
    Home Health Certification Period
    HCPCS Modifier Code
    HCPCS/CPT-4 Code
    Identification Code Qualifier
    Implant Date
    Implant Status Code
    Implant Type Code
    Individual Relationship Code
    Industry Code
    Information Release Code
    Insurance Type Code
    Insured Employer First Address Line
    Insured Employer First Name
    Insured Employer Identifier
    Insured Group Name
    Insured Group Number
    Investigational Device Exemption Identifier
    Last Admission Date
    Last Visit Date
    Leads Left In Patient Indicator
    Legal Representative City Name
    Legal Representative Contact Name
    Legal Representative First Address Line
    Legal Representative First Name
    Legal Representative Last or Organization Name
    Legal Representative Middle Name
    Legal Representative Second Address Line
    Legal Representative State Code
    Legal Representative ZIP Code
    Lifetime Psychiatric Days Count
    Lifetime Reserve Days Count
    Line Charge Amount
    Line Item Denied Charge or Non-Covered Charge Amount
    Manufacturer Identifier
    Medicare Coverage Indicator
    Medicare Paid at 100% Amount
    
    [[Page 25314]]
    
    Medicare Paid at 80% Amount
    Mental Status Code
    Model Number
    Non-Covered Charge Amount
    Non-Insured Employer City Name
    Non-Insured Employer First Address Line
    Non-Insured Employer First Name
    Non-Insured Employer Identifier
    Non-Insured Employer Last or Organization Name
    Non-Insured Employer Middle Name
    Non-Insured Employer Second Address Line
    Non-Insured Employer State Code
    Non-Insured Employer ZIP Code
    Note Reference Code
    Old Capital Amount
    Operating Physician First Name
    Operating Physician Last Name
    Operating Physician Middle Name
    Operating Physician Primary Identifier
    Ordering Provider Identifier
    Ordering Provider Last Name
    Originator Application Transaction Identifier
    Other Employer City Name
    Other Employer First Address Line
    Other Employer First Name
    Other Employer Last or Organization Name
    Other Employer Second Address Line
    Other Employer Secondary Identifier
    Other Employer State Code
    Other Employer ZIP Code
    Other Insured Additional Identifier
    Other Insured Birth Date
    Other Insured City Name
    Other Insured First Address Line
    Other Insured First Name
    Other Insured Gender Code
    Other Insured Identifier
    Other Insured Last Name
    Other Insured Middle Name
    Other Insured Plan Name or Program Name
    Other Insured Second Address Line
    Other Insured State Code
    Other Insured ZIP Code
    Other Payer City Name
    Other Payer First Address Line
    Other Payer Last or Organization Name
    Other Payer Patient Paid Amount
    Other Payer Primary Identifier
    Other Payer Second Address Line
    Other Payer Secondary Identifier
    Other Payer State Code
    Other Payer ZIP Code
    Other Physician First Name
    Other Physician Identifier
    Other Physician Last Name
    Other Physician Middle Name
    Paid From Part A Medicare Trust Fund Amount
    Paid From Part B Medicare Trust Fund Amount
    Patient Account Number
    Patient Amount Paid
    Patient Birth Date
    Patient City Name
    Patient Discharge Facility Type Code
    Patient First Address Line
    Patient First Name
    Patient Gender Code
    Patient Last Name
    Patient Liability Amount
    Patient Marital Status Code
    Patient Middle Name
    Patient Name Suffix
    Patient Primary Identifier
    Patient Second Address Line
    Patient Secondary Identifier
    Patient State Code
    Patient Status Code
    Patient ZIP Code
    Payer Additional Identifier
    Payer City Name
    Payer First Address Line
    Payer Identifier
    Payer Name
    Payer Paid Amount
    Payer Responsibility Sequence Number Code
    Payer Second Address Line
    Payer State Code
    Payer ZIP Code
    Period Count
    Physician Contact Date
    Physician Order Date
    Policy Compliance Code
    Pricing Methodology
    Prior Authorization Number
    Procedure Modifier
    Product/Service ID Qualifier
    Product/Service Procedure Code
    Professional Component Amount
    Prognosis Code
    PPS-Capital DSH DRG Amount
    PPS-Capital Exception Amount
    PPS-Capital FSP DRG Amount
    PPS-Capital HSP DRG Amount
    PPS-Capital IME amount
    PPS-Operating Federal Specific DRG Amount
    PPS-Operating Hospital Specific DRG Amount
    Quantity Qualifier
    Reference Identification Qualifier
    Reimbursement Rate
    Reject Reason Code
    Related-Causes Code
    Repriced Claim Reference Number
    Repricing Organization Identifier
    Repricing Per Diem or Flat Rate Amount
    Returned to Manufacturer Indicator
    Saving Amount
    School City Name
    School First Address Line
    School Name
    School Primary Identifier
    School Second Address Line
    School State Code
    School ZIP Code
    Serial Number
    Service Date
    Service From Date
    Service Line Paid Amount
    Service Line Rate
    Service Line Revenue Code
    Service Unit Count
    Statement From or To Date
    Submission or Resubmission Number
    Submitted Charge Amount
    Submitter or Receiver Contact Name
    Submitter or Receiver Identifier
    Submitter or Receiver Last or Organization Name
    Subscriber Additional Identifier
    Subscriber Birth Date
    Subscriber First Address Line
    Subscriber First Name
    Subscriber Gender Code
    Subscriber Last Name
    Subscriber Marital Status Code
    Subscriber Middle Name
    Subscriber Second Address Line
    Subscriber State
    Surgery Date
    Surgical Procedure Code
    Terms Discount Percentage
    Time Period Qualifier
    Total Claim Charge Amount
    Total Medicare Paid Amount
    Total Visits Projected This Certification Count
    Transaction Segment Count
    Transaction Set Control Number
    Transaction Set Identifier Code
    Transaction Set Purpose Code
    Unit or Basis for Measurement Code
    Value Added Network Trace Number
    Version Identification Code
    Visits Prior to Recertification Date Count
    Warranty Expiration Date 1861J1 Facility Indicator
    
    D. Dental Claim or Equivalent Encounter
    
        The transaction selected for the dental health care claim or 
    equivalent encounter is: ASC X12N 837--Health Care Claim: Dental 
    (004010X097).
    
    1. Implementation Guide and Source
    
        The source of the implementation guide for the dental health 
    care claim or equivalent encounter is: Washington Publishing 
    Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 20878, 
    Telephone 301-590-9337, FAX: 301-869-9460. The web site address is 
    http://www.wpc-edi.com/hipaa/
    
    2. Data Elements
    
    Accident Date
    Adjudication or Payment Date
    Adjustment Amount
    Adjustment Quantity
    Adjustment Reason Code
    Admission Date or Start of Care Date
    Amount Qualifier Code
    Anesthesia Unit Count
    Appliance Placement Date
    Assigned Number
    Assistant Surgeon City Name
    Assistant Surgeon First Address Line
    Assistant Surgeon First Name
    Assistant Surgeon Last Name
    Assistant Surgeon Middle Name
    Assistant Surgeon Primary Identification Number
    Assistant Surgeon Second Address Line
    Assistant Surgeon State Code
    Assistant Surgeon Suffix Name
    Assistant Surgeon ZIP Code
    Attachment Control Number
    Attachment Report Type Code
    Attachment Transmission Code
    Auto Accident State or Province Code
    Benefits Assignment Certification Indicator
    Billing Provider City Name
    Billing Provider Credit Card Identifier
    Billing Provider First Address Line
    Billing Provider First Name
    Billing Provider Identifier
    Billing Provider Last or Organizational Name
    Billing Provider Middle Name
    Billing Provider Name Suffix
    Billing Provider Postal Zone or ZIP Code
    Billing Provider Second Address Line
    Billing Provider State or Province Code
    Claim Adjustment Group Code
    Claim Encounter Identifier
    Claim Filing Indicator Code
    Claim
    Submission Reason Code
    Clinical Laboratory Improvement Amendment Number
    
    [[Page 25315]]
    
    Code List Qualifier Code
    Contact Function Code
    Coordination of Benefits Code
    Country Code
    Creation Date
    Credit or Debit Card Authorization Number
    Credit or Debit Card Holder First Name
    Credit or Debit Card Holder Last or Organizational Name
    Credit or Debit Card Holder Middle Name
    Credit or Debit Card Holder Name Suffix
    Credit or Debit Card Maximum Amount
    Credit or Debit Card Number
    Credit/Debit Flag Code
    Currency Code
    Date Time Period Format Qualifier
    Date/Time Qualifier
    Destination Payer Code
    Diagnosis Code
    Diagnosis Date
    Diagnosis Type Code
    Discharge Date/End Of Care Date
    Entity Identifier Code
    Entity Type Qualifier
    Facility Code Qualifier
    Facility Type Code
    File Creation Time
    Group or Policy Number
    Hierarchical Child Code
    Hierarchical ID Number
    Hierarchical Level Code
    Hierarchical Parent ID Number
    Hierarchical Structure Code
    Identification Code Qualifier
    Individual Relationship Code
    Information Release Code
    Information Release Date
    Initial Placement Date
    Insured Employer First Address Line
    Insured Employer First Name
    Insured Employer Identifier
    Insured Employer Middle Name
    Insured Employer Name Suffix
    Insured Group Name
    Insured Group Number
    Laboratory or Facility City Name
    Laboratory or Facility First Address Line
    Laboratory or Facility Name
    Laboratory or Facility Postal ZIP or Zonal Code
    Laboratory or Facility Primary Identifier
    Laboratory or Facility Second Address Line
    Laboratory or Facility State or Province Code
    Legal Representative or Responsible Party Identifier
    Legal Representative City Name
    Legal Representative First Address Line
    Legal Representative First Name
    Legal Representative Last or Organization Name
    Legal Representative Middle Name
    Legal Representative Second Address Line
    Legal Representative State Code
    Legal Representative Suffix Name
    Legal Representative ZIP Code
    Line Charge Amount
    Medicare Assignment Code
    Oral Cavity Designation Code
    Originator Application Transaction Identifier
    Orthodontic Treatment Months Count
    Orthodontic Treatment Months Remaining Count
    Other Insured Birth Date
    Other Insured City Name
    Other Insured First Address Line
    Other Insured First Name
    Other Insured Gender Code
    Other Insured Identifier
    Other Insured Last Name
    Other Insured Middle Name
    Other Insured Name Suffix
    Other Insured Second Address Line
    Other Insured State Code
    Other Insured ZIP Code
    Other Payer Covered Amount
    Other Payer Discount Amount
    Other Payer Last or Organization Name
    Other Payer Patient Paid Amount
    Other Payer Patient Responsibility Amount
    Other Payer Primary Identifier
    Patient Account Number
    Patient Amount Paid
    Patient Birth Date
    Patient City Name
    Patient First Address Line
    Patient First Name
    Patient Gender Code
    Patient Last Name
    Patient Marital Status Code
    Patient Middle Name
    Patient Name Suffix
    Patient Primary Identifier
    Patient Second Address Line
    Patient Signature Source Code
    Patient State Code
    Patient ZIP Code
    Pay-to-Provider City Name
    Pay-to-Provider First Address Line
    Pay-to-Provider First Name
    Pay-to-Provider Identifier
    Pay-to-Provider Last or Organizational Name
    Pay-to-Provider Middle Name
    Pay-to-Provider Name Suffix
    Pay-to-Provider Second Address Line
    Pay-to-Provider State Code
    Pay-to-Provider ZIP Code
    Payer Additional Identifier
    Payer City Name
    Payer First Address Line
    Payer Identifier
    Payer Name
    Payer Paid Amount
    Payer Responsibility Sequence Number Code
    Payer Second Address Line
    Payer State Code
    Payer ZIP Code
    Periodontal Charting Measurement
    Policy Name
    Predetermination of Benefits Identifier
    Predetermination of Benefits Indicator
    Prior Authorization Number
    Prior Placement Date
    Procedure Count
    Procedure Modifier
    Product/Service ID Qualifier
    Product/Service Procedure Code
    Prothesis, Crown or Inlay Code
    Provider or Supplier Signature Indicator
    Provider Signature Date
    Quantity Qualifier
    Reference Identification Qualifier
    Referring Provider City Name
    Referring Provider First Address Line
    Referring Provider First Name
    Referring Provider Identification Number
    Referring Provider Last Name
    Referring Provider Middle Name
    Referring Provider Name Suffix
    Referring Provider Second Address Line
    Referring Provider State Code
    Referring Provider ZIP Code
    Related-Causes Code
    Rendering Provider City Name
    Rendering Provider First Address Line
    Rendering Provider First Name
    Rendering Provider Identifier
    Rendering Provider Last Name
    Rendering Provider Middle Name
    Rendering Provider Name Suffix
    Rendering Provider Second Address Line
    Rendering Provider State Code
    Rendering Provider ZIP Code
    Replacement Date
    Retirement or Insurance Card Date
    School City Name
    School First Address Line
    School Name
    School Primary Identifier
    School Second Address Line
    School State Code
    School ZIP Code
    Service Date
    Service Line Paid Amount
    Student Status Code
    Submitter or Receiver Address Line
    Submitter or Receiver City Name
    Submitter or Receiver Contact Name
    Submitter or Receiver First Name
    Submitter or Receiver Identifier
    Submitter or Receiver Last or Organization Name
    Submitter or Receiver Middle Name
    Submitter or Receiver State Code
    Submitter or Receiver ZIP Code
    Subscriber Birth Date
    Subscriber First Address Line
    Subscriber First Name
    Subscriber Gender Code
    Subscriber Identifier
    Subscriber Last Name
    Subscriber Marital Status Code
    Subscriber Middle Name
    Subscriber Name Suffix
    Subscriber Postal ZIP Code
    Subscriber Second Address Line
    Subscriber State
    Title XIX Identification Number
    Tooth Code
    Tooth Number
    Tooth Status Code
    Tooth Surface
    Total Claim Charge Amount
    Transaction Segment Count
    Transaction Set Control Number
    Transaction Set Identifier Code
    Transaction Set Purpose Code
    Unit or Basis for Measurement Code
    
    Addendum 2--Health Care Payment and Remittance Advice
    
        The transaction selected for the health care payment and 
    remittance advice is ASC X12N 835--Health Care Claim Payment/Advice 
    (004010X091).
    
    A. Implementation Guide and Source
    
        The source of the implementation guide for the ASC X12N 835--
    Health Care Claim Payment/Advice (004010X091) is: Washington 
    Publishing Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, 
    MD, 20878, Telephone 301-590-9337, FAX: 301-869-9460. The website 
    address is http://www.wpc-edi.com/hipaa/
    
    B. Data Elements
    
    Account Number Qualifier
    Additional Payee Identifier
    
    [[Page 25316]]
    
    Adjustment Amount
    Adjustment Quantity
    Adjustment Reason Code
    Amount Paid to Patient
    Amount Qualifier Code
    Assigned Number
    Average DRG length of stay
    Average DRG weight
    Century
    Check or EFT Trace Number
    Check/EFT Issue Date
    Claim Adjustment Group Code
    Claim Contact Communications Number
    Claim Contact Name
    Claim Date
    Claim Disproportionate Share Amount
    Claim ESRD Payment Amount
    Claim Filing Indicator Code
    Claim Frequency Code
    Claim HCPCS payable amount
    Claim Indirect Teaching Amount
    Claim MSP Pass-through amount
    Claim Payment Remark Code
    Claim PPS capital amount
    Claim PPS capital outlier amount
    Claim Status Code
    Claim Supplemental Information Amount
    Claim Supplemental Information Quantity
    Code List Qualifier Code
    Communication Number Extension
    Communication Number Qualifier
    Contact Function Code
    Corrected Insured Identification Indicator
    Corrected Patient or Insured First Name
    Corrected Patient or Insured Last Name
    Corrected Patient or Insured Middle Name
    Corrected Patient or Insured Name Prefix
    Corrected Patient or Insured Name Suffix
    Corrected Priority Payer Identification Number
    Corrected Priority Payer Name
    Cost Report Day Count
    Covered Days or Visits Count
    Credit/Debit Flag Code
    Crossover Carrier Identifier
    Crossover Carrier Name
    Currency Code
    Date/Time Qualifier
    Depository Financial Institution (DFI) Identifier
    Depository Financial Institution (DFI) ID Number Qualifier
    Description Text
    Diagnosis Related Group (DRG) Weight
    Diagnosis Related Group (DRG)
    Discharge Fraction
    Entity Identifier Code
    Entity Type Qualifier
    Exchange Rate
    Facility Type Code
    Fiscal Period Date
    Identification Code Qualifier
    Lifetime Psychiatric Days Count
    Line Item Provider Payment Amount
    Location Identification Code
    Location Qualifier
    National Uniform Billing Committee Revenue Code
    Old Capital Amount
    Original Service Unit Count
    Originating Company Supplemental Code
    Other Claim Related Identifier
    Patient Control Number
    Patient First Name
    Patient Last Name
    Patient Liability Amount
    Patient Middle Name
    Patient Name Prefix
    Patient Name Suffix
    Patient Status Code
    Payee City Name
    Payee First Line Address
    Payee Identification Code
    Payee Name
    Payee Postal Zip Code
    Payee Second Line Address
    Payee State Code
    Payer City Name
    Payer Claim Control Number
    Payer Contact Communication Number
    Payer Contact Name
    Payer First Address Line
    Payer Identifier
    Payer Name
    Payer Process Date
    Payer Second Address Line
    Payer State Code
    Payer ZIP Code
    Payment Format Code
    Payment Method Code
    Procedure Modifier
    Product/Service ID Qualifier
    Product/Service Procedure Code Text
    Product/Service Procedure Code
    Production Date
    Professional Component Amount
    Provider Adjustment Amount
    Provider Adjustment Identifier
    Provider First Name
    Provider Identifier
    Provider Last or Organization Name
    Provider Middle Name
    Provider Name Prefix
    Provider Name Suffix
    PPS-Capital DSH DRG Amount
    PPS-Capital Exception Amount
    PPS-Capital FSP DRG Amount
    PPS-Capital HSP DRG Amount
    PPS-Capital IME amount
    PPS-Operating Federal Specific DRG Amount
    PPS-Operating Hospital Specific DRG Amount
    Quantity Qualifier
    Receiver or Provider Account Number
    Receiver Identifier
    Receiver/Provider Bank ID Number
    Reference Identification Qualifier
    Reimbursement Rate
    Remark Code
    Sender Account Number
    Sender DFI Identifier
    Service Date
    Service Supplemental Amount
    Service Supplemental Quantity Count
    Submitted Charge Amount
    Submitted Line Charges Paid
    Subscriber First Name
    Subscriber Identifier
    Subscriber Last Name
    Subscriber Middle Name
    Subscriber Name Prefix
    Subscriber Name Suffix
    Total Actual Provider Payment Amount
    Total Blood Deductible
    Total Capital Amount
    Total Claim Charge Amount
    Total Claim Count
    Total Coinsurance Amount
    Total Contractual Adjustment Amount
    Total Cost Outlier Amount
    Total Cost Report Day Count
    Total Covered Charge Amount
    Total Covered Day Count
    Total Day Outlier Amount
    Total Deductible Amount
    Total Denied Charge Amount
    Total Discharge Count
    Total Disp. Share Amount
    Total DRG Amount
    Total Federal-Specific Amount
    Total Gramm-Rudman Reduction Amount
    Total Hospital-Specific Amount
    Total HCPCS Payable Amount
    Total HCPCS Reported Charge Amount
    Total Indirect Medical Education Amount
    Total Interest Amount
    Total MSP Pass-Through Amount
    Total MSP Patient Liability Met Amount
    Total MSP Payer Amount
    Total Non-Covered Charge Amount
    Total Non-Lab Charge Amount
    Total Noncovered Charge Amount
    Total Noncovered Day Count
    Total Outlier Day Count
    Total Patient Reimbursement Amount
    Total Professional Component Amount
    Total Provider Payment Amount
    Total PIP Adjustment Amount
    Total PIP Claim Count
    Total PPS Capital FSP DRG Amount
    Total PPS Capital HSP DRG Amount
    Total PPS DSH DRG Amount
    Trace Type Code
    Transaction Handling Code
    Transaction Segment Count
    Transaction Set Control Number
    Transaction Set Identifier Code
    Units of Service Paid Count
    Version Identifier
    
    Addendum 3--Coordination of Benefits
    
    A. Professional Claim Coordination of Benefits
    
        The transaction selected for the professional claim coordination 
    of benefits is ASC X12N 837--Health Care Claim: Professional 
    (004010X098).
    
    1. Implementation Guide and Source
    
        The source of the implementation guide for the professional 
    claim coordination of benefits transaction set is: Washington 
    Publishing Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, 
    MD, 20878, Telephone 301-590-9337, FAX: 301-869-9460. The web site 
    address is http://www.wpc-edi.com/hipaa/
    
    2. Data Elements
    
        Data elements are found in addendum 1, B.2.
    
    B. Institutional Claim Coordination of Benefits
    
        The transaction selected for the institutional claim 
    coordination of benefits is ASC X12N 837--Health Care Claim: 
    Institutional (004010X096).
    
    1. Implementation Guide and Source
    
        The source of the implementation guide for the institutional 
    claim coordination of benefits transaction set is: Washington 
    Publishing Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, 
    MD, 20878, Telephone 301-590-9337, FAX: 301-869-9460. The web site 
    address is http://www.wpc-edi.com/hipaa/
    
    [[Page 25317]]
    
    2. Data Elements
    
        Data elements are found in Addendum 1, C.2.
    
    C. Dental Claim Coordination of Benefits
    
        The transaction selected for the dental claim coordination of 
    benefits is ASC X12N 837--Health Care Claim: Dental (004010X097).
    
    1. Implementation Guide and Source
    
        The source of implementation guide for the dental claim 
    coordination of benefits transaction set is: Washington Publishing 
    Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 20878, 
    Telephone 301-590-9337, FAX: 301-869-9460. The web site address is 
    http://www.wpc-edi.com/hipaa/
    
    2. Data Elements
    
        See Addendum 1, D.2.
    
    D. Retail Drug Claim Coordination of Benefits
    
        The transactions selected for retail drug coordination of 
    benefits is NCPDP Telecommunications Standard Format version 3.2 and 
    the equivalent NCPDP Batch Standard Version 1.0.
    
    1. Implementation Guide and Source
    
        The source of implementation guide for the retail drug claim 
    coordination of benefits transaction set is: National Council for 
    Prescription Drug Programs, 4201 North 24th Street, Suite 365, 
    Phoenix, AZ, 85016, Telephone 602-957-9105, FAX 602-955-0749. The 
    web site address is http://www.ncpdp.org
    
    2. Data Elements
    
        See Addendum 1, A.2.
    
    Addendum 4--Health Claim Status
    
        The transaction selected for the health claim status is ASC X12N 
    276/277--Health Care Claim Status Request and Response (004010X093).
    
    A. Implementation Guide and Source
    
        The source of the implementation guide for the health claim 
    status transaction set is: Washington Publishing Company, 806 W. 
    Diamond Ave., Suite 400, Gaithersburg, MD, 20878, Telephone 301-590-
    9337, FAX: 301-869-9460. The website address is http://www.wpc-
    edi.com/hipaa/
    
    B. Data Elements
    
    Adjudication or Payment Date
    Amount Qualifier Code
    Bill Type Identifier
    Check or EFT Trace Number
    Check/EFT Issue Date
    Claim Payment Amount
    Claim Service Period
    Creation Date
    Date Time Period Format Qualifier
    Date/Time Qualifier
    Entity Identifier Code
    Entity Type Qualifier
    Extra Narrative Data
    Health Care Claim Status Category Code
    Health Care Claim Status Code
    Hierarchical Child Code
    Hierarchical ID Number
    Hierarchical Level Code
    Hierarchical Parent ID Number
    Hierarchical Structure Code
    Identification Code Qualifier
    Information Receiver Additional Address
    Information Receiver Address
    Information Receiver City
    Information Receiver First Name
    Information Receiver Identification Number
    Information Receiver Last or Organization Name
    Information Receiver Middle Name
    Information Receiver Name Prefix
    Information Receiver Name Suffix
    Information Receiver Specific Location
    Information Receiver State
    Information Receiver ZIP Code
    Line Charge Amount
    Line Item Control Number
    Line Item Service Date
    Location Qualifier
    Original Service Unit Count
    Originator Application Transaction Identifier
    Patient Control Number
    Patient First Name
    Patient Last Name
    Patient Middle Name
    Patient Name Prefix
    Patient Name Suffix
    Payer City Name
    Payer Claim Control Number
    Payer First Address Line
    Payer Identifier
    Payer Name
    Payer Second Address Line
    Payer State Code
    Payer ZIP Code
    Payment Method Code
    Procedure Modifier
    Product/Service ID Qualifier
    Provider First Name
    Provider Identifier
    Provider Last or Organization Name
    Provider Middle Name
    Provider Name Prefix
    Provider Name Suffix
    Reference Identification Qualifier
    Revenue Code
    Service Identification Code
    Service Line Date
    Service Unit Count
    Status Information Effective Date
    Subscriber Birth Date
    Subscriber City
    Subscriber First Address Line
    Subscriber First Name
    Subscriber Gender Code
    Subscriber Identifier
    Subscriber Last Name
    Subscriber Middle Name
    Subscriber Name Prefix
    Subscriber Name Suffix
    Subscriber Postal ZIP Code
    Subscriber Second Address Line
    Subscriber State
    Total Claim Charge Amount
    Trace Type Code
    Transaction Segment Count
    Transaction Set Control Number
    Transaction Set Identifier Code
    Transaction Set Purpose Code
    Transaction Type Code
    
    [Direct Comments to Judy Ball, Enrollment and Eligibility IT]
    
    Addendum 5--Benefit Enrollment and Maintenance
    
        The transaction selected for benefit enrollment and maintenance 
    is ASC X12N 834--Benefit Enrollment and Maintenance Transaction Set 
    (004010X095).
    
    A. Implementation Guide and Source
    
        The source of the implementation guide for the benefit 
    enrollment and maintenance transaction set is: Washington Publishing 
    Company, 806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 20878, 
    Telephone 301-590-9337, FAX: 301-869-9460. The web site address is 
    http://www.wpc-edi.com/hipaa/
    
    B. Data Elements
    
    Label--name of elements
    Account Address Information
    Account City Name
    Account Communication Number
    Account Contact Inquiry Reference Number
    Account Contact Name
    Account Country Code
    Account Effective Date
    Account Identification Code
    Account Monetary Amount
    Account Number Qualifier
    Account Postal ZIP Code
    Account State Code
    Action Code
    Additional Account Identifier
    Additional Other Coverage Identifier
    Adjustment Amount
    Adjustment Reason Code Characteristic
    Adjustment Reason Code
    Amount Qualifier Code
    Assigned Number
    Benefit Account Number
    Benefit Status Code
    Birth Sequence Number
    Card Count
    Citizenship Status Code
    Code List Qualifier Code
    Communication Number Qualifier
    Communication Number
    Consolidated Omnibus Budget Reconciliation Act (COBRA) Qualifying 
    Event Code
    Contact Function Code
    Contact Inquiry Reference
    Coordination of Benefits Code
    Coordination of Benefits Date
    Country Code
    Coverage Level Code
    Creation Date
    Credit/Debit Flag Code
    Current Health Condition Code
    Date Time Period Format Qualifier
    Date/Time Qualifier
    Dependent Employer Identification Code
    Dependent Employer Name
    Dependent Employment Date
    Dependent School Date
    Dependent School Identification Code
    Dependent School Name
    Description Text
    Diagnosis Code
    Disability Eligibility Date
    Disability Maximum Entitlement Amount
    Disability Type Code
    Employment Status Code
    Enrollment Control Total
    Entity Identifier Code
    Entity Relationship Code
    Entity Type Qualifier
    File Creation Time
    First Diagnosed Date
    Frequency Code
    Gender Code
    Group or Policy Number
    
    [[Page 25318]]
    
    Health Coverage Eligibility Date
    Health-Related Code
    Identification Card Type Code
    Identification Code Qualifier
    Individual Relationship Code
    Industry Code
    Insurance Eligibility Date
    Insurance Group Number
    Insurance Line Code
    Insurer Contact Inquiry Reference
    Insurer Contact Name
    Insurer Contact Number
    Insurer Entity Relationship Code
    Insurer Identification Code
    Insurer Name
    Issuing State
    Last Visit Reason Text
    Late Reason Code
    Location Qualifier
    Maintenance Reason Code
    Maintenance Type Code
    Marital Status Code
    Master Policy Number
    Medicare Plan Code
    Member Additional Address
    Member City Name
    Member Contact Name
    Member Postal Code
    Member State or Province Code
    Monetary Amount
    Occupation Code
    Other Insurance Company Identification Code
    Other Insurance Company Name
    Payer Responsibility Sequence Number Code
    Plan Coverage Description Text
    Policy Name
    Pre-disability Work Days Count
    Premium Contribution Amount
    Previous Transaction Identifier
    Primary Insured Collateral Dependent Count
    Primary Insured Sponsored Dependent Count
    Product Option Code
    Product/Service ID Qualifier
    Provider Code
    Provider Communications Number
    Provider Contact Inquiry Reference
    Provider Contact Name
    Provider Eligibility Date
    Provider First Name
    Provider Identifier
    Provider Last or Organization Name
    Provider Middle Name
    Provider Name Prefix
    Provider Name Suffix
    Quantity Count
    Quantity Qualifier
    Race or Ethnicity Code
    Reference Identification Qualifier
    Sponsor Additional Name
    Sponsor City Name
    Sponsor Contact Name
    Sponsor Country Code
    Sponsor Identifier
    Sponsor Name
    Sponsor State Code
    Sponsor Street Address
    Sponsor Zip Code
    Student Status Code
    Subscriber or Dependent Death Date
    Subscriber Additional Identifier
    Subscriber Birth Date
    Subscriber City
    Subscriber County Code
    Subscriber Current Weight
    Subscriber First Address Line
    Subscriber First Name
    Subscriber Height
    Subscriber Identifier
    Subscriber Last Name
    Subscriber Middle Name
    Subscriber Name Prefix
    Subscriber Name Suffix
    Subscriber Postal ZIP Code
    Subscriber Previous Weight
    Subscriber Second Address Line
    Subscriber State
    Time Zone Code
    Transaction Segment Count
    Transaction Set Control Number
    Transaction Set Identifier Code
    Transaction Set Purpose Code
    TPA or Broker Account Address
    TPA or Broker Account Amount
    TPA or Broker Account City Name
    TPA or Broker Account Contact Communication Number
    TPA or Broker Account Contact Inquiry Reference
    TPA or Broker Account Contact Name
    TPA or Broker Account Number
    TPA or Broker Account Postal Code
    TPA or Broker Account State or Province Code
    TPA or Broker Additional Account Reference Identification Number
    TPA or Broker Additional Name
    TPA or Broker Communication Number
    TPA or Broker Contact Inquiry Reference Number
    TPA or Broker Country Code
    TPA or Broker Identification Code
    TPA or Broker Name
    TPA or Broker State Code
    Underwriting Decision Code
    Version Identification Code
    Weight Change Text
    Work Intensity Code
    Yes/No Condition or Response Code
    
    Addendum 6--Eligibility for a Health Plan
    
        The transaction selected for the eligibility for a health plan 
    is ASC X12N 270/271--Health Care Eligibility Inquiry and Response 
    (004010X092).
    
    A. Implementation Guide and Source
    
        The source of the implementation guide for eligibility for a 
    health plan transaction set is: Washington Publishing Company, 806 
    W. Diamond Ave., Suite 400, Gaithersburg, MD, 20878, Telephone 301-
    590-9337, FAX: 301-869-9460. The website address is http://www.wpc-
    edi.com/hipaa/
    
    B. Data Elements
    
    Labels
    Agency Qualifier Code
    Amount Qualifier Code
    Authorization Indicator Code
    Benefit Coverage Level Code
    Benefit Used or Available Amount
    Birth Sequence Number
    Communication Number Qualifier
    Communication Number
    Contact Function Code
    Country Code
    Coverage Level Code
    Creation Date
    Date Time Period Format Qualifier
    Date/Time Qualifier
    Dependent Additional Identification Text
    Dependent Additional Identifier
    Dependent Benefit Date
    Dependent Birth Date
    Dependent City Name
    Dependent Communications Number
    Dependent Contact Name
    Dependent First Line Address
    Dependent First Name
    Dependent Gender Code
    Dependent Identification Code
    Dependent Last Name
    Dependent Middle Name
    Dependent Name Suffix
    Dependent Postal Zip Code
    Dependent Second Line Address
    Dependent State Code
    Dependent Trace Number
    Description Text
    Eligibility or Benefit Amount
    Eligibility or Benefit Information
    Eligibility or Benefit Percent
    Entity Identifier Code
    Entity Type Qualifier
    File Creation Time
    Follow-up Action Code
    Free-Form Message Text
    Handicap Indicator Code
    Hierarchical Child Code
    Hierarchical ID Number
    Hierarchical Level Code
    Hierarchical Parent ID Number
    Hierarchical Structure Code
    Identification Code Qualifier
    Individual Relationship Code
    Information Receiver Additional Address
    Information Receiver Additional Identifier
    Information Receiver Address
    Information Receiver City
    Information Receiver Contact Name
    Information Receiver First Name
    Information Receiver Identification Number
    Information Receiver Last or Organization Name
    Information Receiver Middle Name
    Information Receiver Name Suffix
    Information Receiver State
    Information Receiver Trace Number
    Information Receiver ZIP Code
    Information Source Contact Name
    Information Source Process Date
    Insurance Eligibility Date
    Insurance Type Code
    Insured Indicator
    Location Identification Code
    Location Qualifier
    Loop Identifier Code
    Maintenance Reason Code
    Maintenance Type Code
    Network Services Code
    Originating Company Identifier
    Originating Company Secondary Identifier
    Period Count
    Plan Coverage Description Text
    Plan Sponsor Name
    Printer Carriage Control Code
    Prior Authorization Number
    Prior Authorization Text
    Procedure Coding Method
    Procedure Modifier
    Product/Service ID Qualifier
    Provider Address 1
    Provider Address 2
    Provider City
    Provider Code
    Provider Contact Name
    Provider Contact Number
    Provider First Name
    
    [[Page 25319]]
    
    Provider Identifier
    Provider Last or Organization Name
    Provider Middle Name
    Provider Name Suffix
    Provider Specialty Certification Code
    Provider Specialty Code
    Provider State
    Provider Zip
    Quantity Qualifier
    Receiver Additional Identifier Description Text
    Receiver Additional Identifier
    Receiver Provider Additional Identifier Type Code
    Receiver Provider Additional Identifier
    Receiver Trace Number
    Reference Identification Qualifier
    Reject Reason Code
    Relationship To Insured Code
    Sample Selection Modulus
    Service Type Code
    Service Unit Count
    Ship/Delivery or Calendar Pattern Code
    Ship/Delivery Pattern Time Code
    Source Additional Reference Identifier
    Source City Name
    Source Organization Name
    Source Postal Zip Code
    Source Primary Identification Number
    Source State Code
    Source Street Address
    Spend Down Amount
    Student Status Code
    Subscriber Additional Identifier
    Subscriber Additional Information Text
    Subscriber Benefit Date
    Subscriber Birth Date
    Subscriber Card Issue Date
    Subscriber City
    Subscriber Contact Name
    Subscriber Contact Phone Number
    Subscriber First Address Line
    Subscriber First Name
    Subscriber Gender Code
    Subscriber Identifier
    Subscriber Last Name
    Subscriber Middle Name
    Subscriber Name Suffix
    Subscriber Postal ZIP Code
    Subscriber Second Address Line
    Subscriber State
    Time Period Qualifier
    Trace Assigning Entity Additional Number
    Trace Assigning Entity Number
    Trace Number
    Trace Type Code
    Transaction Segment Count
    Transaction Set Control Number
    Transaction Set Identifier Code
    Transaction Set Purpose Code
    Transaction Type Code
    Unit or Basis for Measurement Code
    Valid Request Indicator Code
    Value Added Network Trace Number
    
    Addendum 7--Health Plan Premium Payment
    
        The transaction selected for the health plan premium payment is 
    ASC X12N 820--Payment Order/Remittance Advice Transaction Set 
    (004010X061).
    
    A. Implementation Guide and Source
    
        The source of the implementation guide for the health plan 
    premium payment transaction set is: Washington Publishing Company, 
    806 W. Diamond Ave., Suite 400, Gaithersburg, MD, 20878, Telephone 
    301-590-9337, FAX: 301-869-9460. The website address is http://
    www.wpc-edi.com/hipaa/
    
    B. Data Elements
    
    Account Number Qualifier
    Adjustment Reason Code
    Assigned Number
    Billed Premium Amount
    Contact Function Code
    Contract or Invoice or Account Number
    Country Code
    Coverage Period Date
    Credit/Debit Flag Code
    Currency Code
    Date Time Period Format Qualifier
    Date/Time Qualifier
    Depository Financial Institution (DFI) Identifier
    Depository Financial Institution (DFI) ID Number Qualifier
    Employee Identification Number
    Entity Identifier Code
    Exchange Rate
    Funds Issued Date
    Head Count
    Identification Code Qualifier
    Individual Identifier
    Information Only Indicator Code
    Information Receiver City
    Information Receiver Last or Organization Name
    Information Receiver State
    Information Receiver ZIP Code
    Insurance Policy or Plan Identifier
    Line Item Control Number
    Organization Premium Identification Code
    Originating Company Identifier
    Originating Company Supplemental Code
    Payer Additional Name
    Payer City Name
    Payer Contact Name
    Payer Identifier
    Payer Name
    Payer Process Date
    Payer Second Address Line
    Payer State Code
    Payer ZIP Code
    Payment Action Code
    Payment Format Code
    Payment Method Code
    Payroll Processor Additional Name
    Payroll Processor City Name
    Payroll Processor Contact Name
    Payroll Processor First Address Line
    Payroll Processor Identifier
    Payroll Processor Name
    Payroll Processor Second Address Line
    Payroll Processor State Code
    Payroll Processor ZIP Code
    Policy Level Individual Name
    Premium Delivery Date
    Premium Payment Amount
    Premium Receiver First Address Line
    Premium Receiver Reference Identifier
    Premium Receiver Second Address Line
    Receiver Account Number
    Receiver Additional Name
    Receiver Identifier
    Reference Identification Qualifier
    Sender Account Number
    Trace Number
    Trace Type Code
    Transaction Handling Code
    Transaction Segment Count
    Transaction Set Control Number
    Transaction Set Identifier Code
    Unit or Basis for Measurement Code
    
    Addendum 8--Referral Certification and Authority
    
        The transaction selected for the referral certification and 
    authority is ASC X12N 278--Health Care Services Review Information 
    (004010X094).
    
    A. Implementation Guide and Source
    
        The source of the implementation guide for the referral 
    certification and authority is: Washington Publishing Company, 806 
    W. Diamond Ave., Suite 400, Gaithersburg, MD, 20878, Telephone 301-
    590-9337, FAX: 301-869-9460. The website address is http://www.wpc-
    edi.com/hipaa/
    
    B. Data Elements
    
    Action Code
    Admission Source Code
    Admission Type Code
    Agency Qualifier Code
    Ambulance Transport Code
    Ambulance Transport Reason Code
    Ambulance Trip Destination Address
    Ambulance Trip Origin Address
    Arterial Blood Gas Quantity
    Certification Condition Indicator
    Certification Expiration Date
    Certification Number
    Certification Type Code
    Chiropractic Series Treatment Number
    Citizenship Status Code
    Code Category
    Code List Qualifier Code
    Communication Number Qualifier
    Complication Indicator
    Condition Codes
    Contact Function Code
    Country Code
    Creation Date
    Current Health Condition Code
    Daily Oxygen Use Count
    Date Time Period Format Qualifier
    Date/Time Qualifier
    Delay Reason Code
    Dependent Additional Identification Text
    Dependent Additional Identifier
    Dependent Birth Date
    Dependent Citizenship Country Code
    Dependent First Name
    Dependent Gender Code
    Dependent Identification Code
    Dependent Last Name
    Dependent Marital Status Code
    Dependent Middle Name
    Dependent Name Prefix
    Dependent Name Suffix
    Dependent Trace Number
    Diagnosis Code
    Diagnosis Date
    Diagnosis Type Code
    Entity Identifier Code
    Entity Type Qualifier
    Equipment Reason Description
    Facility Code Qualifier
    Facility Type Code
    File Creation Time
    Follow-up Action Code
    Free-Form Message Text
    Full Destination Address
    Full Origin Address
    Hierarchical Child Code
    Hierarchical ID Number
    
    [[Page 25320]]
    
    Hierarchical Level Code
    Hierarchical Parent ID Number
    Hierarchical Structure Code
    Home Health Certification Period
    Identification Code Qualifier
    Information Release Code
    Insured Indicator
    Last Admission Date
    Last Visit Date
    Level of Service Code
    Medicare Coverage Indicator
    Monthly Treatment Count
    Nature of Condition Code
    Nursing Home Residential Status Code
    Originator Application Transaction Identifier
    Oxygen Delivery System Code
    Oxygen Equipment Type Code
    Oxygen Flow Rate
    Oxygen Saturation Quantity
    Oxygen Test Condition Code
    Oxygen Test Findings Code
    Oxygen Use Period Hour Count
    Patient Condition Description Text
    Patient Discharge Facility Type Code
    Patient Status Code
    Patient Weight
    Period Count
    Physician Contact Date
    Physician Order Date
    Portable Oxygen System Flow Rate
    Previous Certification Identifier
    Procedure Date
    Procedure Monetary Amount
    Procedure Quantity
    Product/Service ID Qualifier
    Product/Service Procedure Code Text
    Product/Service Procedure Code
    Prognosis Code
    Proposed Admission Date
    Proposed Discharge Date
    Proposed Surgery Date
    Provider Code
    Provider Contact Name
    Provider Identifier
    Provider Service State Code
    Provider Specialty Certification Code
    Provider Specialty Code
    Quantity Qualifier
    Race or Ethnicity Code
    Reference Identification Qualifier
    Reject Reason Code
    Related-Causes Code
    Relationship To Insured Code
    Request Category Code
    Requester Address First Address Line
    Requester Address Second Address Line
    Requester City Name
    Requester Contact Communication Number
    Requester Contact Name
    Requester Country Code
    Requester First Name
    Requester Identifier
    Requester Last or Organization Name
    Requester Middle Name
    Requester Name Prefix
    Requester Name Suffix
    Requester Postal Code
    Requester State or Province Code
    Requester Supplemental Identifier
    Respiratory Therapist Order Text
    Round Trip Purpose Description Text
    Sample Selection Modulus
    Second Surgical Opinion Indicator
    Service Authorization Date
    Service From Date
    Service Provider City Name
    Service Provider Contact Communication Number
    Service Provider Country Code
    Service Provider First Address Line
    Service Provider First Name
    Service Provider Identifier
    Service Provider Last or Organization Name
    Service Provider Middle Name
    Service Provider Name Prefix
    Service Provider Name Suffix
    Service Provider Postal Code
    Service Provider Second Address Line
    Service Provider State or Province Code
    Service Provider Supplemental Identifier
    Service Trace Number
    Service Type Code
    Service Unit Count
    Ship/Delivery or Calendar Pattern Code
    State Code
    Stretcher Purpose Description Text
    Subluxation Level Code
    Subscriber Additional Identifier
    Subscriber Additional Information Text
    Subscriber Birth Date
    Subscriber Citizenship Country Code
    Subscriber First Name
    Subscriber Gender Code
    Subscriber Identifier
    Subscriber Last Name
    Subscriber Marital Status Code
    Subscriber Middle Name
    Subscriber Name Prefix
    Subscriber Name Suffix
    Subscriber Trace Number
    Surgery Date
    Surgical Procedure Code
    Time Period Qualifier
    Trace Type Code
    Transaction Segment Count
    Transaction Set Control Number
    Transaction Set Identifier Code
    Transaction Set Purpose Code
    Transaction Type Code
    Transport Distance
    Treatment Count
    Treatment Period Count
    Treatment Series Number
    Unit or Basis for Measurement Code
    Utilization Management Organization (UMO) or Last Name
    Utilization Management Organization (UMO) First Address Line
    Utilization Management Organization (UMO) First Name
    Utilization Management Organization (UMO) Middle Name
    Utilization Management Organization (UMO) Name Prefix
    Utilization Management Organization (UMO) Name Suffix
    Utilization Management Organization (UMO) Second Address Line
    Utilization Managment Organization (UMO) City Name
    Utilization Managment Organization (UMO) Contact Communication 
    Number
    Utilization Managment Organization (UMO) Contact Name
    Utilization Managment Organization (UMO) Country Code
    Utilization Managment Organization (UMO) Identifier
    Utilization Managment Organization (UMO) Postal Code
    Utilization Managment Organization (UMO) State or Province Code
    Valid Request Indicator Code
    Version/Release/Industry Identifier
    X-Ray Availability Indicator Code 1861J1 Facility Indicator
    
    [FR Doc. 98-11691 Filed 5-1-98; 9:04 am]
    BILLING CODE 4120-01-P
    
    
    

Document Information

Published:
05/07/1998
Department:
Health and Human Services Department
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
98-11691
Dates:
Comments will be considered if we receive them at the
Pages:
25272-25320 (49 pages)
Docket Numbers:
HCFA-0149-P
RINs:
0938-AI58: Health Insurance Reform: Standards for Electronic Transactions (HCFA-0149-F)
RIN Links:
https://www.federalregister.gov/regulations/0938-AI58/health-insurance-reform-standards-for-electronic-transactions-hcfa-0149-f-
PDF File:
98-11691.pdf
CFR: (68)
45 CFR 142.103)
10 CFR 142.110(a)
10 CFR 142.108(a)
10 CFR 142.1502
10 CFR 142.1504
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