The issue of Trading Partner Agreements arose in the Business Issues
Teleconference yesterday. Discussion led me to believe that it's still
unclear whether paper Trading Partner Agreements will be needed or
desirable under HIPAA.  For background, you should definitely look at
the WEDi document "Trading Partner Agreements: A White Paper Describing
the Business Issues and Recommended Solutions Associated with Trading
Partner Agreements," by Doug Renshaw.  It's available under
"Transactions Workgroup White Papers" at the WEDi/SNIP site at
http://snip.wedi.org/public/articles/Trading113000.pdf.

The topic came up because one of the callers wanted to know how - other
than by using a TPA - a sponsor (employer) would know whether to send to
the payer a full compilation of enrollees, vs. just the changes since
they last "talked."  Other things a TPA might be required to resolve are
the situations (as in "situational") where data is expected or desired.
Fortunately, there seemed to be nothing in the discussion of a legal
nature - i.e., everything was technical, which means a mechanical or
electronic Trading Partner Agreement might suffice.

Besides these issues the caller brought up, I wanted to see what Doug
and his team came up with.  His document is an excellent compendium of
the situations calling for agreement ahead of time.  But, fortunately, I
saw nothing which could not be mechanized!  Though he had the usual
stuff like specifying communication protocols, Clearinghouse
designations, and agreements on maximum numbers of claims (e.g., 5000
claims in the 837), he mentioned nothing that would require Lawyer Man
to get in the way of real business.

I probably can't emphasize enough how paper TPAs will gum up the works
in automated partner recruitment - to the point where our work in the
WEDi/SNIP ID & Routing Special Interest Group might be rendered moot.
What's the point of automated "discovery" of trading partner technical
requirements (communications and protocols) if that stuff may as well
travel with the paper TPA? Marcallee Jackson has confirmed that signed
paper TPAs would involve so much overhead that they "will cause the
labor costs associated with EDI enrollment to sky rocket."  Rachel
Foerster has also related the story of the (bad) experience with TPAs
when required by the Federal Government.

Even though we have sub-projects for looking seriously at the ebXML CPP
(basically a mechanical Trading Partner Agreement or Profile) and the
838 - led by Dick Brooks and Dave Minch, resp. -  I'm suggesting that we
move the concept of Electronic Trading Partner Agreements to the
front-burner.  If we can mechanically represent in them everything Doug
has enumerated in the white paper, we'll be better prepared to fight the
conservative tendency to require paper TPAs.

Electronic Trading Partner Agreements fit into our scheme quite
elegantly, in that Kepa's DNS "directory" would be used to find a
trading partner's profile based on identifier. The profile itself would,
in addition to the stuff mentioned in the white paper, have the
technical routing information for interchanges. In effect, you'd be
"discovering" electronic trading partner agreements, not "inboxes,"
"portals," or "front doors."

William J. Kammerer
Novannet, LLC.
+1 (614) 487-0320


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