The decision regarding whether to accept a transaction that the receiver
believes does not comply is a business decision of the entity receiving such
a transaction. The decision is reached based on several factors included in
any organization's normal risk analysis activities which result in business
policies and business rules, which can then (in some cases) be enforced
through program logic in automated business systems.

Rachel Foerster

-----Original Message-----
From: Julie Thompson [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, December 04, 2002 11:32 AM
To: WEDI SNIP Testing Subworkgroup List
Subject: RE: Defining a health care claim within the context of the 837
implementation guide


HHS is the group to answer the question of whether to accept a non HIPAA
compliant transactions in production (X12 alone is NOT compliant).

I have spoken with Stanley Nachimson and non compliant production
transactions are subject to fine for both the transmitting and the receiving
partners.

There was an HHS FAQ I am unable to find the FAQ stating the above, but here
are some other helpful related HHS FAQs.

To submit a questions for publication go to:
http://aspe.hhs.gov/admnsimp/bannertx.htm

HERE ARE SOME VERY HELPFUIL HHS FAQs:



HHS FAQ: Question
  How would someone file a complaint against a covered entity?

  Answer
  CMS will develop a web-based complaint management process, and will
provide information on this process as part of our HIPAA outreach
activities.


Question
  What will the enforcement process look like?

  Answer
  The enforcement process for HIPAA transactions and code sets (and for
security and standard identifiers when those are adopted) will be primarily
complaint-driven. Upon receipt of a complaint, CMS would notify the provider
of the complaint, and the provider would have the opportunity to demonstrate
compliance, or to submit a corrective action plan. If the provider does
neither, CMS will have the discretion to impose penalties.


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