William, There is another listserv which is called HIT at [EMAIL PROTECTED] This listserv was established a couple of years ago when HIPAA regs started coming down and is a great forum for asking legal-type questions and getting opinions from the various participants. Our CCO (chief compliance officer) monitors this listserv. I'm checking back to see if anything specific has been posted on TPAgreements, but if we want to pose a specific question, I could post it and see what we get back. Dave Minch T&CS Project Manager John Muir / Mt. Diablo Health System Walnut Creek, CA (925) 941-2240
-----Original Message----- From: William J. Kammerer [mailto:[EMAIL PROTECTED]] Sent: Wednesday, February 20, 2002 10:04 AM To: WEDi/SNIP ID & Routing Subject: Re: Electronic Trading Partner Agreements Can David Frenkel elucidate those things in a TPA that are of interest to lawyers? Could a general purpose, or default, TPA be devised that applies in the absence of a signed contract? - one that says the electronic version is good for all that ails you? Failure to take claims into adjudication and such are practically going to be "criminalized" under HIPAA, so what's the point of a private contract unless it were to spell out (additional) legal remedies? What if you needed a contract every time you bought a donut, newspaper or coffee? - or checked into a hotel? - that's right: commerce would grind to a halt. That's why laws and the U.C.C. have evolved over time to take care of these (default) issues. If all contingencies that the lawyers are interested in were codified into the HIPAA rule, then there might be a clean way to avoid separate contracts and TPAs. That may not solve the problem entirely, though: I once had a lawyer who insisted on copying - wholesale - entire sections of the Ohio Revised Code into agreements (I and the other party were both in Ohio, by the way, and presumably subject to its jurisdiction), as if this guy got paid by each Wordperfect edit. Are there any lawyers on this listserve listening who would be willing to help out? ebXML has their own resident lawyer, James "Jamie" Bryce Clark, General Counsel of McLure-Moynihan Inc., who has been eminently helpful to the ebXML Business Process Group. Does anyone know of a lawyer who wants to do some similar "pro bono" (Italian for "free") work here? William J. Kammerer Novannet, LLC. +1 (614) 487-0320 ----- Original Message ----- From: "David Frenkel" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Wednesday, 20 February, 2002 10:55 AM Subject: RE: Electronic Trading Partner Agreements Ron, I don't think the TPA process works well today given that every legal department has a different flavor and it is a legal contract. Many legal departments may not want to loose control over this. Regards, David Frenkel Business Development GEFEG USA Global Leader in Ecommerce Tools www.gefeg.com 425-260-5030
