Re: [openhealth] Re: list of diagnoses and procedures

2006-12-12 Thread 80n
Is it doable to create new descriptions from just the codes.  Unless the
meaning of each code is common knowledge then you have to make recourse to
the original description, which makes your description a derived work at the
very least.

Is there any clean-room way of arriving at a description that could not be
construed to have been derived from the AMA's original description?

Presumably the patient has the right to see the actual codes that are used
on his medical record.  He also has knowledge (one would hope) of the
procedures performed.  But he has not seen the CPT list, and so can create a
workable description that is not tainted by any copyrightable link to the
original codes, nor by any other contractual relationship with the AMA.

80n



On 12/12/06, Karsten Hilbert [EMAIL PROTECTED] wrote:

   On Mon, Dec 11, 2006 at 10:54:32PM -0800, Rod Roark wrote:

  Even absent the political ramifications, the resulting new system
  will have useful applications. A billing service accepting the new
  codes would still need CPT licensing,
 You guys need to keep straight what you are talking about.
 At least it gets me confused.

 One side suggests writing new *descriptions* for the
 *existing* CPT codes. In that case *there are no new
 codes* which would need any sort of acceptance by a billing
 service or even CPT licensing.

 The other party speaks about creating a whole different set
 of codes alltogether and trying to bring them into use for
 billing.

 Adrian Midgley proposes, as usual, the pragmatic solution:

 First, create new descriptions for the existing CPT codes
 and introduce those into use. This ought to be doable
 without interference by anyone. After all, the government
 cannot force me to use the AMA's descriptions. I can work
 with the codes alone (without *any* descriptions) if I so want
 - which is for all practical purposes exactly the same thing
 as working with alternate descriptions because the payor
 will never see those.

 Second, expand upon that established user base to introduce
 more codes for more purposes.

 I agree the first part seems doable. I am dubious about the
 second.

 Karsten
 --
 GPG key ID E4071346 @ wwwkeys.pgp.net
 E167 67FD A291 2BEA 73BD 4537 78B9 A9F9 E407 1346
  



[Non-text portions of this message have been removed]



Re: [openhealth] Re: list of diagnoses and procedures

2006-12-12 Thread Tim Cook
All,

It is interesting how much energy this conversation is getting.

Now, I must admit that I am not pleased with any government granted 
monopoly.

There are certain rights (and I am not a lawyer) granted under the 
referenced FARS/DFARS for end-users.  You need to check those for 
yourself or collectively.

In the big scheme of things though is it really worth it to pursue 
this?  You can purchase the CPT's from the AMA for under $100 and as a 
vendor (as I recall) it only added about $10 to the EMR (both annual 
assessments). This is not out of line with the amount of work required 
to maintain and coordinate the distribution of a basic vocabulary on 
this scale.

IMHO - if you have (mental/physical) cycles to spare then jump into 
one of the EMR projects, openEHR standards validation or even the 
drugref project. Your energies will be multiplied greatly.

Thanks for your time.


Tim



[Non-text portions of this message have been removed]



Re: [openhealth] Re: list of diagnoses and procedures

2006-12-12 Thread Karsten Hilbert
On Tue, Dec 12, 2006 at 10:24:52AM +, 80n wrote:

 Is it doable to create new descriptions from just the codes.  Unless the
 meaning of each code is common knowledge then you have to make recourse to
 the original description, which makes your description a derived work at the
 very least.
Ah, I missed that point. That might be a bit of a problem, indeed.

 Is there any clean-room way of arriving at a description that could not be
 construed to have been derived from the AMA's original description?
On driver re-engineering this is sometimes done by two teams
of people: one team knowing the original driver and
describing how the *peripheral* (not the driver) works based
on what can be derived from the original driver. The second
team implements (clean-rooms) a new driver based on the
description of how the peripheral works given by the first
team.

So, the first team could tell the second *in their own
terms* (based on their knowledge) what the CPT codes *mean*.
The second team could come up with a label for that code
based on the description given by the first team.

This might work. And it could indeed include the patient, too.

Karsten
-- 
GPG key ID E4071346 @ wwwkeys.pgp.net
E167 67FD A291 2BEA 73BD  4537 78B9 A9F9 E407 1346


Re: [openhealth] Re: list of diagnoses and procedures

2006-12-12 Thread Fred Trotter
   A derivative work includes some portion
 of the original verbatim and that should be avoided.


In order to work for billing the codes themselves would have to be carried
over from the CPT system. Thus making any attempt to re-describe CPT codes
a derivative work and largely useless.

-FT


-- 
Fred Trotter
http://www.fredtrotter.com


[Non-text portions of this message have been removed]



Re: [openhealth] Re: list of diagnoses and procedures

2006-12-11 Thread David Forslund
So could one use the CPT number for reimbursement without some
certification that they are the same as the real CPT codes?

Dave
mspohr wrote:

 The codes would be the same as those that they currently accept (i.e.
 the AMA CPT codes) so there is no issue with the codes.
 The problem with the AMA is that they copyright the descriptions and
 prevent distribution of their copyrighted descriptions.
 The project would be to create new descriptions that were functionally
 the same and could be freely distributed under an open license such as
 the Creative Commons license (http://creativecommons.org/ 
 http://creativecommons.org/).

 /Mark

 --- In openhealth@yahoogroups.com 
 mailto:openhealth%40yahoogroups.com, David Forslund [EMAIL PROTECTED] 
 wrote:
 
  This effort would require commitment from the payor that they
  would accept those codes for reimbursement. Otherwise this
  effort will be relatively useless.
 
  Dave
  mspohr wrote:
  
   The goal of the CPT code project would be to create a version of
   procedure codes for use in billing in the US that could be freely
   distributed.
   While it would be nice to fit this into an overarching ontology, this
   would introduce overhead which is not warranted. The CPT codes
   themselves are a dead end (except for billing in the US) from both
   intellectual property and information design standpoints and the task
   of an ontology of procedures is better left to something more suitable
   such as Snomed or ICD or even the HCPCS.
  
   I think KISS applies here.
  
   /Mark
  
   --- In openhealth@yahoogroups.com 
 mailto:openhealth%40yahoogroups.com
   mailto:openhealth%40yahoogroups.com, Adrian Midgley amidgley2@
   wrote:
   
Rod Roark wrote:


 Perhaps I don't understand what you mean, but CPT codes are
 just for
 procedures. The project I was suggesting was limited to
 restating the
 descriptions for them, with about the same standards for
 preciseness
 currently found in CPT. A broader scope would be very daunting.

   
   
   
   
   
   
   
   
   
But if we are going to do (an) ontology, let us not handicap
 ourselves
by building it for just one lot of data. It could be written one
chapter at a time, certainly.
   
  
 

 _




Re: [openhealth] Re: list of diagnoses and procedures

2006-12-11 Thread Fred Trotter
I dont think so. From what I understood the codes themselves are copyright.
Further, thier use is mandated by the government for use in medical billing.
This issue has already been the subject of litigation.

http://www.usdoj.gov/atr/cases/f2000/2076.htm

-FT

On 12/11/06, mspohr [EMAIL PROTECTED] wrote:

 The codes would be the same as those that they currently accept (i.e.
 the AMA CPT codes) so there is no issue with the codes.
 The problem with the AMA is that they copyright the descriptions and
 prevent distribution of their copyrighted descriptions.
 The project would be to create new descriptions that were functionally
 the same and could be freely distributed under an open license such as
 the Creative Commons license (http://creativecommons.org/).

 /Mark



 --- In openhealth@yahoogroups.com, David Forslund [EMAIL PROTECTED] wrote:
 
  This effort would require commitment from the payor that they
  would accept those codes for reimbursement.  Otherwise this
  effort will be relatively useless.
 
  Dave
  mspohr wrote:
  
   The goal of the CPT code project would be to create a version of
   procedure codes for use in billing in the US that could be freely
   distributed.
   While it would be nice to fit this into an overarching ontology, this
   would introduce overhead which is not warranted. The CPT codes
   themselves are a dead end (except for billing in the US) from both
   intellectual property and information design standpoints and the task
   of an ontology of procedures is better left to something more suitable
   such as Snomed or ICD or even the HCPCS.
  
   I think KISS applies here.
  
   /Mark
  
   --- In openhealth@yahoogroups.com
   mailto:openhealth%40yahoogroups.com, Adrian Midgley amidgley2@
   wrote:
   
Rod Roark wrote:


 Perhaps I don't understand what you mean, but CPT codes are
 just for
 procedures. The project I was suggesting was limited to
 restating the
 descriptions for them, with about the same standards for
 preciseness
 currently found in CPT. A broader scope would be very daunting.

   
   
   
   
   
   
   
   
   
But if we are going to do (an) ontology, let us not handicap
 ourselves
by building it for just one lot of data. It could be written one
chapter at a time, certainly.
   
  
 





 Yahoo! Groups Links






-- 
Fred Trotter
http://www.fredtrotter.com


[Non-text portions of this message have been removed]



Re: [openhealth] Re: list of diagnoses and procedures

2006-12-11 Thread David Forslund
I agree. I don't think you would have to declare them something
other than CPT codes even if they had the same number.  With
a different description, they couldn't be certified as the same and
wouldn't come under the legal agreement of CMS (HCFA). 
I think it would be nice to have alternative to CPT, but this would
require more than coming up with code descriptions.  It would require
calling it something else and entering into agreements with CMS and
other organizations including states.  This is not a free exercise.

Dave
Fred Trotter wrote:

 I dont think so. From what I understood the codes themselves are 
 copyright.
 Further, thier use is mandated by the government for use in medical 
 billing.
 This issue has already been the subject of litigation.

 http://www.usdoj.gov/atr/cases/f2000/2076.htm 
 http://www.usdoj.gov/atr/cases/f2000/2076.htm

 -FT

 On 12/11/06, mspohr [EMAIL PROTECTED] mailto:mspohr%40yahoo.com wrote:
 
  The codes would be the same as those that they currently accept (i.e.
  the AMA CPT codes) so there is no issue with the codes.
  The problem with the AMA is that they copyright the descriptions and
  prevent distribution of their copyrighted descriptions.
  The project would be to create new descriptions that were functionally
  the same and could be freely distributed under an open license such as
  the Creative Commons license (http://creativecommons.org/ 
 http://creativecommons.org/).
 
  /Mark
 
 
 
  --- In openhealth@yahoogroups.com 
 mailto:openhealth%40yahoogroups.com, David Forslund [EMAIL PROTECTED] 
 wrote:
  
   This effort would require commitment from the payor that they
   would accept those codes for reimbursement. Otherwise this
   effort will be relatively useless.
  
   Dave
   mspohr wrote:
   
The goal of the CPT code project would be to create a version of
procedure codes for use in billing in the US that could be freely
distributed.
While it would be nice to fit this into an overarching ontology, 
 this
would introduce overhead which is not warranted. The CPT codes
themselves are a dead end (except for billing in the US) from both
intellectual property and information design standpoints and the 
 task
of an ontology of procedures is better left to something more 
 suitable
such as Snomed or ICD or even the HCPCS.
   
I think KISS applies here.
   
/Mark
   
--- In openhealth@yahoogroups.com 
 mailto:openhealth%40yahoogroups.com
mailto:openhealth%40yahoogroups.com, Adrian Midgley amidgley2@
wrote:

 Rod Roark wrote:
 
 
  Perhaps I don't understand what you mean, but CPT codes are
  just for
  procedures. The project I was suggesting was limited to
  restating the
  descriptions for them, with about the same standards for
  preciseness
  currently found in CPT. A broader scope would be very daunting.
 









 But if we are going to do (an) ontology, let us not handicap
  ourselves
 by building it for just one lot of data. It could be written one
 chapter at a time, certainly.

   
  
 
 
 
 
 
  Yahoo! Groups Links
 
 
 
 

 -- 
 Fred Trotter
 http://www.fredtrotter.com http://www.fredtrotter.com

 [Non-text portions of this message have been removed]

 _




Re: [openhealth] Re: list of diagnoses and procedures

2006-12-11 Thread David Forslund
I think the issue is bigger than that.  The AMA has a legal agreement
with CMS/HCFA for reimbursement of CPT codes.  If the code isn't an
official CPT code, then reimbursement would be denied by CMS,
even if you weren't sued by the AMA.   If the descriptions didn't
match the AMA's then they would easily claim it wasn't official.

Dave
mspohr wrote:

 This decision addresses the question of whether the AMA's copyright
 becomes invalid when the government mandates it for reimbursement. It
 uses some tortured logic to say that the CPT is NOT a system (that
 therefore would not be eligible for copyright) but rather an specific
 expression that can be copyrighted.
 Following this, it would seem that you could use the system (of
 numbers) but with a different expression (descriptions) and not tread
 on the AMA's copyright. Other cases (such as with telephone
 directories) have reaffirmed that you cannot copyright the numbers
 themselves.
 However, the AMA would probably sue you anyway.

 /Mark

 --- In openhealth@yahoogroups.com 
 mailto:openhealth%40yahoogroups.com, Fred Trotter [EMAIL PROTECTED]
 wrote:
 
  I dont think so. From what I understood the codes themselves are
 copyright.
  Further, thier use is mandated by the government for use in medical
 billing.
  This issue has already been the subject of litigation.
 
  http://www.usdoj.gov/atr/cases/f2000/2076.htm 
 http://www.usdoj.gov/atr/cases/f2000/2076.htm
 
  -FT
 
  On 12/11/06, mspohr [EMAIL PROTECTED] wrote:
  
   The codes would be the same as those that they currently accept (i.e.
   the AMA CPT codes) so there is no issue with the codes.
   The problem with the AMA is that they copyright the descriptions and
   prevent distribution of their copyrighted descriptions.
   The project would be to create new descriptions that were functionally
   the same and could be freely distributed under an open license such as
   the Creative Commons license (http://creativecommons.org/ 
 http://creativecommons.org/).
  
   /Mark
  
  
  
   --- In openhealth@yahoogroups.com 
 mailto:openhealth%40yahoogroups.com, David Forslund forslund@ wrote:
   
This effort would require commitment from the payor that they
would accept those codes for reimbursement. Otherwise this
effort will be relatively useless.
   
Dave
mspohr wrote:

 The goal of the CPT code project would be to create a version of
 procedure codes for use in billing in the US that could be freely
 distributed.
 While it would be nice to fit this into an overarching
 ontology, this
 would introduce overhead which is not warranted. The CPT codes
 themselves are a dead end (except for billing in the US) from both
 intellectual property and information design standpoints and
 the task
 of an ontology of procedures is better left to something more
 suitable
 such as Snomed or ICD or even the HCPCS.

 I think KISS applies here.

 /Mark

 --- In openhealth@yahoogroups.com 
 mailto:openhealth%40yahoogroups.com
 mailto:openhealth%40yahoogroups.com, Adrian Midgley amidgley2@
 wrote:
 
  Rod Roark wrote:
  
  
   Perhaps I don't understand what you mean, but CPT codes are
   just for
   procedures. The project I was suggesting was limited to
   restating the
   descriptions for them, with about the same standards for
   preciseness
   currently found in CPT. A broader scope would be very
 daunting.
  
 
 
 
 
 
 
 
 
 
  But if we are going to do (an) ontology, let us not handicap
   ourselves
  by building it for just one lot of data. It could be written one
  chapter at a time, certainly.
 

   
  
  
  
  
  
   Yahoo! Groups Links
  
  
  
  
 
 
  --
  Fred Trotter
  http://www.fredtrotter.com http://www.fredtrotter.com
 
 
  [Non-text portions of this message have been removed]
 





Re: [openhealth] Re: list of diagnoses and procedures

2006-12-11 Thread K.S. Bhaskar
I find this discussion of CPT codes  reimbursement interesting.  Let me 
paraphrase:

To petition your Government (for reimbursement), you need to submit 
your request in Elvish.  Organization XYZ owns the Elvish language. 
Ergo, to communicate with your Government, you need to buy a license 
from XYZ to use Elvish.

This seems quite an incredible state of affairs.

-- Bhaskar


Re: [openhealth] Re: list of diagnoses and procedures

2006-12-11 Thread Karsten Hilbert
On Mon, Dec 11, 2006 at 02:16:32PM -0700, David Forslund wrote:

 I think the issue is bigger than that.  The AMA has a legal agreement
 with CMS/HCFA for reimbursement of CPT codes.  If the code isn't an
 official CPT code, then reimbursement would be denied by CMS,
 even if you weren't sued by the AMA.   If the descriptions didn't
 match the AMA's then they would easily claim it wasn't official.

It seems I recall several people saying that the CMS/HCFA
*doesn't see* the descriptions? Because they *are not* on
the bill ? But rather the *code only*. Which, by all
accounts anyone could put there by hand off the top of their
head without owning any EMR at all.

Karsten
-- 
GPG key ID E4071346 @ wwwkeys.pgp.net
E167 67FD A291 2BEA 73BD  4537 78B9 A9F9 E407 1346


Re: [openhealth] Re: list of diagnoses and procedures

2006-12-09 Thread Tim Cook
Alex Caldwell wrote:

 Thanks Tim,
 
 I was going by the agreement on this page on the CMS site which links
 to the download for the Excel file:
 
 http://www.cms.hhs.gov/apps/ama/license.asp?file=http://new.cms.hhs.gov/apps/ama/report_xyz.pdf
 
 It did not seem to me as restrictive as what you are quoting there. I
 notice  many doctors do things with CPT,  such as having them printed
 by a local printing house on their own customized superbills.  I've
 never heard of anyone being pursued for that. It would seem that if
 you included a subset of the CPT codes that you use in your own
 practice in order to interact with Medicare for billing transactions
 in the course of your own business,  and you get them yourself for
 your own personal use, not distributed with the EMR, but just loaded
 into it by yourself, it would not violate the conditions. I cannot see
 that loading a subset of CPT codes into your EMR would be any
 different than printing them on a superbill or having your coder enter
 then into your claims.   But that's just the way I look at it, which
 may not hold up.  I imagine CMS and other 3rd party payors and
 clearinghouses must have agreements with AMA to use CPT.  Do their
 agreements extend in any way to cover individual providers that do
 business with these 3rd party payors that use CPT?
 
 Alex

I should have provided a reference for my quote. It is from the 
clickable license agreement on the AMA site.

https://catalog.ama-assn.org/Catalog/cpt/cpt_search.jsp?checkXwho=done

As far as interpretation I would refer you to your attorney. That's 
what we did. Of course use for submission to Medicare etc is covered 
under the referenced DFARS.

Cheers,
Tim





-- 
Timothy (Tim) Cook, MSc
Health Informatics Consultant
Jacksonville, FL
Ph: 904-322-8582
http://home.comcast.net/~tw_cook/
EMAIL: [EMAIL PROTECTED]
SKYPE: timothy.cook
Yahoo IM: tw_cook




[Non-text portions of this message have been removed]



Re: [openhealth] Re: list of diagnoses and procedures

2006-12-09 Thread Tim Cook
Tim Cook wrote:

 
 I should have provided a reference for my quote. It is from the 
 clickable license agreement on the AMA site.
 

I should have probably also noted that they are available from the AMA 
on CD in ASCII for less than $100 / year. So it would be cheaper to 
purchase them than to pay for an attorney's interpretation of the 
license or risk raising red flags about open source projects 
circumventing their copyrights.

Just my 2cents.

Cheers,
-- 
Timothy (Tim) Cook, MSc
Health Informatics Consultant
Jacksonville, FL
Ph: 904-322-8582
http://home.comcast.net/~tw_cook/
EMAIL: [EMAIL PROTECTED]
SKYPE: timothy.cook
Yahoo IM: tw_cook




[Non-text portions of this message have been removed]



Re: [openhealth] Re: list of diagnoses and procedures

2006-12-09 Thread 80n
This reminds me of a similar situation in the UK with postcodes (their
equivalent of zip codes).  Unlike the US where zip codes are in the public
domain, the British Post Office owns the postcode database and protects it
agressively.

An enterprising group of people recently started an initiative at
www.FreeThePostcode.org to reverse engineer the postcode database by
getting people to record their own postcode and geographic location on the
web-site.  So far they have not been closed down by the post office.

I'm wondering if anything like a similar approach could work with CPT codes?

80n

On 12/9/06, mspohr [EMAIL PROTECTED] wrote:

   The AMA CPT codes have a tortuous history and are currently in a
 legally ambiguous place supported by aggressive AMA lawyers. It is
 similar to the legally tenuous position of the RIAA that they can
 control what you can do with the music you have purchased.

 A short history.
 In testimony before congress in 1997, T. Reginald Harris, Chairman of
 the AMA CPT Editorial Board stated: The AMA has taken additional
 steps to make CPT available over the Internet and is expected to
 complete an agreement with the HCFA in the very near future. Under the
 agreement, complete public access to HCFA data files containing CPT
 will be available, free of charge, both domestically and internationally.
 Congress then passed legislation mandating use of the CPT codes for
 medical billing.
 However, the AMA did not make the codes freely available domestically
 and internationally. Instead, they have been selling the codes under
 very restrictive licensing agreements and in fact earn tens of
 millions of dollars a year from these fees.

 The AMA has been very aggressively policing misuse of the codes (for
 example, taking legal action against people who have made the codes
 freely available on the Internet). Their legal position is tenuous
 and has never been tested fully in court. Instead, they have relied
 on the intimidation of their lawyers to produce compliance. Similar
 cases such as Feist v. Rural Telephone and DrewTech v. SAE have
 produced results which would seem to prohibit the AMA from charging
 for the codes.

 That said, it is probably best not to challenge the AMA. Our corrupt
 politicians should address the problem but of course, they will not go
 against a big contributor.

 You can buy the codes for use (under their restrictive license) from
 the AMA and that is probably the best course of action.

 /Mark


 Alex Caldwell wrote:
 
  --- In openhealth@yahoogroups.com openhealth%40yahoogroups.com, Tim
 Cook [EMAIL PROTECTED] wrote:
  
   Alex Caldwell wrote:
   The way I interpret the agreement on
the site, I believe it is OK to do this as long as you just do it
just for yourself for your own internal use, but you are not allowed
to re-distribute them. So perhaps it would be OK to distribute the
Open Source EMR minus these codes, but include instructions for the
user for downloading this file and importing the codes themselves
into their own personal copy of the EMR:
  
   DISCLAIMER: IANAL but
  
   Grant and Limitations. You, as an individual, are authorized to use
   CPT only as contained in the CPT(r)/Medicare Relative Value Payment File
   (the File) solely for your own personal information and only within
   the United States.
  
   specifically EXCLUDES any use outside of the (Excel) file and any use
   outside the US. It goes on to say that you are prohibited for using
   them in place of purchasing the CPT book or creating any derivative
   work.
  
   When we licensed CPTs for use in FreePM the AMA was very attentive to
   the distribution and we had to submit quarterly audits to them. I
   suggest you ensure you adhere to their licensing restrictions I
   understand they are very aggressive in pursuing their copyright on
   their government granted monopoly.
  
   Cheers,
   --
   Timothy (Tim) Cook, MSc
 
  Thanks Tim,
 
  I was going by the agreement on this page on the CMS site which links
  to the download for the Excel file:
 
 

 http://www.cms.hhs.gov/apps/ama/license.asp?file=http://new.cms.hhs.gov/apps/ama/report_xyz.pdf
 
  It did not seem to me as restrictive as what you are quoting there. I
  notice many doctors do things with CPT, such as having them printed
  by a local printing house on their own customized superbills. I've
  never heard of anyone being pursued for that. It would seem that if
  you included a subset of the CPT codes that you use in your own
  practice in order to interact with Medicare for billing transactions
  in the course of your own business, and you get them yourself for
  your own personal use, not distributed with the EMR, but just loaded
  into it by yourself, it would not violate the conditions. I cannot see
  that loading a subset of CPT codes into your EMR would be any
  different than printing them on a superbill or having your coder enter
  then into your claims. But that's just the 

Re: [openhealth] Re: list of diagnoses and procedures

2006-12-09 Thread Rod Roark
That leads me to ask: does the AMA claim copyright on the CPT codes
themselves, or just on the descriptions of the codes?  If the latter,
I think there would be a lot of merit in a community project to
create and maintain new descriptions.  I've been told that the AMA's
descriptions are not very physician-friendly.

Rod
www.sunsetsystems.com

On Saturday 09 December 2006 10:18, 80n wrote:
 This reminds me of a similar situation in the UK with postcodes (their
 equivalent of zip codes).  Unlike the US where zip codes are in the public
 domain, the British Post Office owns the postcode database and protects it
 agressively.
 
 An enterprising group of people recently started an initiative at
 www.FreeThePostcode.org to reverse engineer the postcode database by
 getting people to record their own postcode and geographic location on the
 web-site.  So far they have not been closed down by the post office.
 
 I'm wondering if anything like a similar approach could work with CPT codes?
 
 80n


Re: [openhealth] Re: list of diagnoses and procedures

2006-12-09 Thread Rod Roark
I think, then, a good web-based community project would be the
creation of a whole new set of codes and descriptions.  However the
codes would happen to map one-to-one with the CPT codes, and the
mapping would be created/shared only among those with CPT licenses.

Publications that reference CPT codes could be trivially changed to
reference the new codes, and individual practitioners would have no
need or use for the mapping table or anything else containing CPT
codes.

Rod
www.sunsetsystems.com

On Saturday 09 December 2006 13:18, mspohr wrote:
 Copyright covers expressions of ideas and as such covers the AMA's
 descriptions.  Theoretically, if you wrote different descriptions,
 they would not be covered by the AMA copyright.  However, the AMA has
 been very aggressive in defending their monopoly on the codes so they
 might threaten a community project.
 There is also the issue of the codes themselves.  Even though you
 can't copyright lists of numbers (codes)... the famous telephone
 directory case, the AMA might try to claim that they own the numbers
 also.
 
 /Mark
 
 
 --- In openhealth@yahoogroups.com, Rod Roark [EMAIL PROTECTED] wrote:
 
  That leads me to ask: does the AMA claim copyright on the CPT codes
  themselves, or just on the descriptions of the codes?  If the latter,
  I think there would be a lot of merit in a community project to
  create and maintain new descriptions.  I've been told that the AMA's
  descriptions are not very physician-friendly.
  
  Rod
  www.sunsetsystems.com
  
  On Saturday 09 December 2006 10:18, 80n wrote:
   This reminds me of a similar situation in the UK with postcodes (their
   equivalent of zip codes).  Unlike the US where zip codes are in
 the public
   domain, the British Post Office owns the postcode database and
 protects it
   agressively.
   
   An enterprising group of people recently started an initiative at
   www.FreeThePostcode.org to reverse engineer the postcode database by
   getting people to record their own postcode and geographic
 location on the
   web-site.  So far they have not been closed down by the post office.
   
   I'm wondering if anything like a similar approach could work with
 CPT codes?
   
   80n


Re: [openhealth] Re: list of diagnoses and procedures

2006-12-09 Thread Rod Roark
Payers will always invent excuses to reject claims.  However in my
experience the CPT description is not submitted as part of a claim.

Rod
www.sunsetsystems.com

On Saturday 09 December 2006 14:53, Peter Holt Hoffman wrote:
 I have a question about this though: don't at least some payers 
 reject claims where the description is not 100% identical to what the 
 AMA publishes?
 
 -- Peter.
 
 
 --- In openhealth@yahoogroups.com, Rod Roark [EMAIL PROTECTED] wrote:
 
  I think, then, a good web-based community project would be the
  creation of a whole new set of codes and descriptions.  However the
  codes would happen to map one-to-one with the CPT codes, and the
  mapping would be created/shared only among those with CPT licenses.
  
  Publications that reference CPT codes could be trivially changed to
  reference the new codes, and individual practitioners would have no
  need or use for the mapping table or anything else containing CPT
  codes.
  
  Rod
  www.sunsetsystems.com


Re: [openhealth] Re: list of diagnoses and procedures

2006-12-08 Thread Tim Cook
Alex Caldwell wrote:
  The way I interpret the agreement on
 the site, I believe it is OK to do this as long as you just do it
 just for yourself for your own internal use, but you are not allowed
 to re-distribute them. So perhaps it would be OK to distribute the
 Open Source EMR minus these codes, but include instructions for the
 user for downloading this file and importing the codes themselves
 into their own personal copy of the EMR:

DISCLAIMER: IANAL but

Grant and Limitations.  You, as an individual, are authorized to use 
CPT only as contained in the CPT®/Medicare Relative Value Payment File 
(the File) solely for your own personal information and only within 
the United States.

specifically EXCLUDES any use outside of the (Excel) file and any use 
outside the US.  It goes on to say that you are prohibited for using 
them in place of purchasing the CPT book or creating any derivative 
work.

When we licensed CPTs for use in FreePM the AMA was very attentive to 
the distribution and we had to submit quarterly audits to them.  I 
suggest you ensure you adhere to their licensing restrictions I 
understand they are very aggressive in pursuing their copyright on 
their government granted monopoly.

Cheers,
-- 
Timothy (Tim) Cook, MSc
Health Informatics Consultant
Jacksonville, FL
Ph: 904-322-8582
http://home.comcast.net/~tw_cook/
EMAIL: [EMAIL PROTECTED]
SKYPE: timothy.cook
Yahoo IM: tw_cook




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