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Next Patent: System for issuing and using secure cards
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[0001] This application claims priority to U.S. Provisional Patent Application No. 60/258,297 filed on Dec. 22, 2000.
[0002] The technical field is integrated computer system design for the healthcare industry including the segment addressing the home healthcare services. This invention will impact the interaction among patients, suppliers, physicians and other healthcare professionals, and third party payors for healthcare reimbursement programs.
[0003] More specifically, the present invention is an improvement that solves problems existing in the healthcare payment sector of the economy. Putting the problem in its simplest form, most people have a third party payor that pays all or part of certain expenses for medical goods and services. A problem is that the party paying for the goods and services is not on the scene when the goods or services are authorized. Thus, the third party payors want an audit trail that can be used to document that a physician actually authorized the provision of certain goods or services for a particular patient in response to a medical need. Sometimes this authorization is coupled with additional collected information such as particulars about the patient's medical situation so that the third party payor can audit whether goods and services are being authorized in keeping with the relevant guidelines. The present invention provides a secure healthcare transaction network that embraces requirements for supporting healthcare documentation in the healthcare marketplace under the proposed regulations to implement the Health Insurance Portability and Accountability Act of 1996. (“HIPAA”).
[0004] The above description applies to many situations. However, in order to provide an orderly presentation of the present invention, this document will use as an example the process of creating a Certificate of Medical Need (CMN) for certain types of Durable Medical Equipment (DME) in order to have an audit trail document required for a certain third party payor. In this example, the third party payor is government reimbursement under the Medicare program.
[0005] In order to streamline the presentation of the invention and its ability to improve the creation of an audit document for use in a reimbursement program for medical supplies or services, the application will step through the process, as it exists without the present invention.
[0006]
[0007]
[0008] The process starts with an Interaction
[0009] After providing the Supplies
[0010] In Step
[0011] In Step
[0012] In Step
[0013] In Step
[0014] As evident from the above discussion, there is much delay between the provision of supplies
[0015] A DME supplier
[0016] A separate problem with the prior art is that the current system does not actually check to see if the Physicians
[0017] A less crucial but realistic downside of the prior art use of preprinted forms is the time lags and waste associated with printing and distributing the approved forms for all the different types of documentation to show justification for all the different types of supplies. The end users must maintain an adequate inventory of a myriad of forms and must be able to effectively purge all unused copies of the form when a new revision of the form is mandated by the third party payor. The problem is magnified when the various third party payors require different forms for the same supplies.
[0018] One possible solution is to use existing systems to convey the partially completed form electronically from the supplier to the physician and back again. Most, if not all physician offices have computer equipment and could be equipped with communication equipment to allow the transfer over a modem or through a communications network such as the Internet, a Local Area Network, or Wide Area Network. The physician's office would need software to receive, read, edit, and affix a signature to the various instances of the Form
[0019] The problem of this possible solution is that the provision of medical services occurs within a highly regulated environment. In order to avoid favoritism based on suppliers providing computer equipment or software to physician offices in return for referrals, there are limits on the ability of suppliers to provide communication equipment, storage devices, terminals, or software to physician's offices. A second problem arises under the various regulations concerning privacy of medical records. Thus, under regulatory schemes such as the authorized United States law under HPAA (Health Insurance Portability and Accountability Act of 1996), there are regulations to protect electronic medical records from unauthorized access or modification. As is well known in the art, read-only electronic records cannot be modified. Electronic records that can be modified make it difficult for a sequence of authors of portions of the document to be held accountable for their entries to the document.
[0020] For the convenience of the reader, various acronyms and other terms used in the field of this invention are defined at the end of the specification in a glossary. Other terms used by the applicant to define the operation of the inventive system are defined throughout the specification. For the further convenience of the reader, applicant has added a number of topic headings to make the internal organization of this specification apparent and to facilitate location of certain discussions. These topic headings are merely convenient aids and not limitations on the text found within that particular topic.
[0021] In order to promote clarity in the description, common terminology for components is used. The use of a specific term for a component suitable for carrying out some purpose within the disclosed invention should be construed as including all technical equivalents which operate to achieve the same purpose, whether or not the internal operation of the named component and the alternative component use the same principles. The use of such specificity to provide clarity should not be misconstrued as limiting the scope of the disclosure to the named component unless the limitation is made explicit in the description or the claims that follow.
[0022] The present description incorporates by reference the portions of the TRAC Medical, Inc. document titled “
[0023] The present invention addresses the need to expedite the completion of documentation supporting healthcare transactions while simultaneously complying with security and access regulations.
[0024] Unlike the prior art solution of sending either a physical form or an electronic form from one location to another, in the present invention, the form stays in a secured environment and is manipulated remotely by those who are authorized to do so. The present invention not only limits access to those who are authorized but further restricts access to those who provide credentials to prove their identity in addition to their authorization. The present invention limits those providing credentials and authorization to just the specific parts of specific instances of the forms. The system is further improved by the tracking of all modifications to the instances of the form. The modifications are tracked so as to record what was changed, when was it changed, and who was the credentialed authorized party that made the changes.
[0025] The eCMN Management System entails the use of a secure Web server that assures confidentiality and integrity of supporting healthcare documentation sent between home medical equipment suppliers and physician and/or supporting clinical staff. The secure web server is designed with firewall and encryption/decryption capability for presentation of Certificate for Medical Necessity to the appropriate physician or referring home health agency or supporting clinical personnel. Upon determination that the patient is in need of a medical device, a request by the DME supplier for certification is transmitted to the patient's physician via an e-mail system. Interface with a home health agency or supporting clinical personnel may be required for proper clinical information to be included in documentation presented to the physician. Population of the form is a secure sectionalized hierarchical format whereby users are credentialed for access and data entry functions.
[0026] The design of the system allows presentation to all parties (HME, HHA, clinical support personnel and physician) involved in the certification process. This allows the certification request process to originate from any of these entities with the ultimate signatory process residing with the physician. The prescribing physician in accordance with HCFA standards determines certification of medical necessity when presented with a request to review. Access for entry of clinical data and electronic signature is accomplished by application of the digital certificate issued from an approved authenticating authority. The signature is affixed to the document and the database may be audited by a third party intermediary for integrity and authenticity. This process assures that medical necessity forms have not been altered or augmented without the explicit consent of the prescribing physician. Treatment review (re-certification and change orders) may be updated via the electronic format as need indicates.
[0027] Benefits of the system include a high degree of document integrity and audit capability, as well as the ability to dramatically improve activity based cost management measurements.
[0028] It is an object of the present invention to provide a solution to the problem set forth above without requiring the installation, maintenance, and training of client side hardware or software beyond standardized credentialing and signature tools.
[0029] These and other advantages of the present invention are apparent from the detailed description that follows.
[0030]
[0031]
[0032]
[0033]
[0034]
[0035] Moving now to
[0036] Like the prior art process shown in
[0037] In keeping with the present invention, the Supplier
[0038] Access for the Supplier
[0039] Turning now to
[0040] At a high level of abstraction, the Access Device
[0041] Device
[0042] Thus, either directly from the Access Device
[0043] Many workstations will have one or more Signature Applications
[0044] Credentialing Authority.
[0045] In order for the electronic CMN process to be a viable option for third party payors, such as HCFA, there must be a system in place for the verification of physician credentials and the authentication of physician digital signatures. Additionally, there must also be a system in place to verify credentials and issue certificates to DME suppliers and non-physician clinical staff.
[0046] a. MEDePass, Inc. has agreed to serve as the Certificate Authority (“CA”) for physician signatures with the assistance of the state medical boards; and
[0047] b. TracMed, Inc. will act as the credentialing authority for DME suppliers, non-physician clinical staff, and home health agencies. TracMed, Inc. has established a credentialing process to ensure that only certificates belonging to valid personnel may be used to gain access to our systems.
[0048] A MEDePass Affiliated Certificate Authority (CA) established for each state and healthcare license type issues MEDePass certificates. For state physician CA, the following types of organizations are preferred: the state medical society, the state medical license board, or a healthcare organization that is governed predominately by state licensed physicians and which has contact with a majority of the state's physicians. Medical Societies are the natural candidate for the state physician CA due to their pre-existing knowledge of the physicians in their state and to their in-house processes for validating physician licensure, supporting physician business and practice standards, communicating with physicians and educating them about industry concerns and practices.
[0049] MEDePass Physician Certificate Application and Approval
[0050] A physician must obtain, complete and sign a MEDePass Certificate Application as the first step toward obtaining a MEDePass Certificate. There are two ways for this to happen. First, an authorized person acting on behalf of the CA gives the physician a paper copy of the application.
[0051] The physician completes the application, signs it and returns it to the CA. Second, a colleague, who is a MEDePass subscriber, refers the physician by sending a signed email message to the CA giving the physician's name and a valid email address. The CA emails an electronic copy of the application to the referred physician who then prints the application, completes, signs and returns it to the CA. Once the CA has received a signed application, it will verify the physician's license status and approve or deny the application. If the application is approved, the CA emails the physician a secure pin, which in combination with the application serial number is used to authenticate the physician to the MEDePass issuing application. The email message also contains instructions for how the physician is to access the issuing application. Once the issuing application has authenticated the physician, it instructs the physician's browser to generate the private key pair and pass the public key to the application. The application then embeds the public key and the physician's license information verified from the certificate application into the MEDePass certificate and passes the certificate to the physician's browser.
[0052] The process described above requires the CA to verify the following information:
[0053] Physician's license name;
[0054] State license board;
[0055] License number;
[0056] License expiration date;
[0057] License status; and
[0058] Email address.
[0059] In most cases, the physician license information is verified by direct reference to the State Licensing Board while the physician's email address is verified by prior knowledge and interaction—either by the CA or by the colleague. Having a valid email address is a vital part of ensuring that certificates are issued appropriately.
[0060] Standard Procedures to Issue MEDePass Certificates
[0061] The following two methods are standard procedures for issuing MEDePass certificates.
[0062] Colleague Referral
[0063] The MEDePass Colleague Referral procedure was developed to take advantage of the first-hand knowledge that physicians have about their colleagues and to make it difficult for non-physicians to obtain a certificate application. A physician already holding a valid MEDePass certificate must first refer all MEDePass subscribers. The procedure starts by issuing the initial MEDePass certificates to physicians personally known to the CA. These first subscribers can then refer their colleagues, who in turn can then refer additional colleagues. The Colleague Referral procedure allows for a simple yet rapid distribution of MEDePass certificates and at the same time, acts to close off access to the MEDePass system by non-physicians. To increase the reliability of the issuing process, the referring colleague is sent an acknowledgement of the referral and a copy of the physician's certificate when it is issued. Additionally, based on a statistical sampling process, all certificates are subject to out-of-band verification.
[0064] Group Referral
[0065] The group referral procedure is designed to simplify the referral operation for medical groups, hospital systems, health plans, or other recognized healthcare organizations. The organization appoints a physician, usually a medical director, to obtain a MEDePass Certificate via the standard Colleague Referral. The Medical Director can then request the CA to send certificate applications to a group of the organization's physicians. The Medical Director must provide the physicians' name, license number, authorized email address and confirm that all physicians on the group referral have been properly accredited by the organization. Therefore, the group referral option is only available to organizations that credential physicians. The Medical Director becomes the referring colleague for each physician on the list. Once the CA receives the signed list, it emails a certificate application to each physician and processes the application as previously described. The medical director receives notification and a copy of the MEDePass certificate for each physician once it has been issued.
[0066] Credentialing Process for Non-Physician eCMN Participants
[0067] Since DME suppliers can initiate CMNs and non-physician clinical staff and Home Health Agency (“HHA”) personnel can be authorized to complete Section B of a CMN, it is appropriate that there be a credentialing process for these personnel to obtain digital certificates so that they may have authenticated and secure access to the proposed electronic CMN documentation and associated processes. TracMed, Inc. recognizes this need and has defined a credentialing mechanism for non-physicians to provide authenticated access to the proposed electronic CMN documentation, and for the support of associated processes such as the exchange of encrypted mail between DME suppliers and physicians, or between HHA personnel and the physician's staff. The availability of such a trusted credentialing process will additionally provide benefits to the evolving business-to-business relationship between providers and manufacturers. TracMed, Inc. has established a credentialing model for demonstrating a technical solution for such purposes. The inherent theme of colleague referral or centric-based trust entities is the model that TracMed, Inc. believes best demonstrates adherence with the proposed rules under HIPAA. The purpose of this credentialing process will be to provide an out-of-band trusted credentialing process to enable the use within the healthcare industry of class 1 digital certificates issued by reliable CA's such as Verisign. TracMed, Inc. has defined a credentialing mechanism for DME suppliers, non-physician staff members authorized access to eCMNs by the attending physician, and Home Health Agency (“HHA”) personnel directly involved in the patient's care.
[0068] Issuing Certificates to Durable Medical Equipment Providers
[0069] For purposes of credentialing the DME will designate an authorized representative as their Security Officer. The Security Officer will obtain a digital certificate from a trusted CA (the current list of which will be available from TracMed, Inc. upon request) and will copy the full issuer and subject distinguished names from his certificate onto the TracMed, Inc. Service Contract, which must then be completed and executed by the President, Owner, or other authorized representative of the company. It will then be the subsequent responsibility of the Security Officer to authorize and revoke any additional credentials that will be authorized to represent the company. All durable medical equipment suppliers participating will be required to sign a memorandum of understanding that will define the corporate role and responsibility of attestation of employee identities. TracMed, Inc. will review the signed application, verify that the DME Company is approved to conduct business with the Medicare system and approve the application.
[0070] Upon acceptance of the Security Officer's credentials, additional employees of the DME may gain access to the eCMN server by obtaining certificates from a trusted CA. The Security Officer will digitally sign (using his trusted certificate key) an electronic application that will contain the full issuer and subject distinguished names present on the employee's certificate. Upon receipt and verification of this application TracMed, Inc. will grant access to its servers to the holder of the associated certificate's key.
[0071] Revocation of an employee's access to the eCMN servers due to factors such as termination of employment or change in job status is the responsibility of the designated Security Officer, who will notify TracMed, Inc. of this change in status at the earliest possible date and in any case no later than the close of the next business day after the change in employee status. If the DME Company's Security Officer changes, TracMed, Inc. should be notified immediately and the DME should immediately appoint another Security Officer using the process outlined above. If there is a key compromise, TracMed, Inc. should be notified immediately so that we can revoke that key's access to the system.
[0072] Issuing Certificates to Non-Physician Clinical Staff
[0073] One plan for issuing certificates uses the physician as the Security Officer. The physician will already be enrolled in the eCMN system and possess a valid MEDePass digital certificate. As such, there has already been an out-of-band trusted relationship established with the physician, so it is not necessary to repeat this process. The physician will be provided with a clear description of the implications of granting access to the physician's eCMNs to the physician's staff members.
[0074] Upon acceptance of the physician's credentials, authorized employees may gain access to the eCMN server by obtaining certificates from a trusted CA. The physician will digitally sign (using his trusted MEDePass key) an electronic application that will contain the full issuer and subject distinguished names present on the employee's certificate. Upon receipt and verification of this application TracMed, Inc. will grant access to its servers to the holder of the associated certificate's key.
[0075] Revocation of an employee's access to the eCMN servers due to factors such as termination of employment or change in job status is the responsibility of the designated physician, who will notify TracMed, Inc. of this change in status at the earliest possible date and in any case no later than the close of the next business day after the change in employee status. If the physician's certificate should become invalid for any reason, then all of the employee certificates that were granted access to the eCMN system via the physician's certificate will no longer be granted access under that certificate. If there is a key compromise, TracMed, Inc. should be notified immediately so that we can revoke that key's access to the system.
[0076] Issuing Certificates to Home Health Agency Personnel
[0077] The HHA will designate an authorized representative as their Security Officer. The Security Officer will obtain a digital certificate from a trusted CA (the current list of which will be available from TracMed, Inc. upon request) and will copy the full issuer and subject distinguished names from his certificate onto the TracMed, Inc. Service Contract, which must then be completed and executed by the President, Owner, or other authorized representative of the company. It will be the responsibility of the Security Officer to attest to the validity of the credentials that will be authorized to represent the company. All HHAs participating will be required to sign a memorandum of understanding that will define the corporate role and responsibility of attestation of employee identities. TracMed, Inc. will review the signed application, verify that the HHA is approved to conduct business with the Medicare system and approve the application.
[0078] Upon acceptance of the Security Officer's credentials, additional employees of the HHA may gain access to the eCMN server by obtaining certificates from a trusted CA. The Security Officer will digitally sign (using his trusted certificate key) an electronic application that will contain the full issuer and subject distinguished names present on the employee's certificate. Upon receipt and verification of this application TracMed, Inc. will grant access to its servers to the holder of the associated certificate's key. The attending physician will authorize access to their patients' eCMNS to specific HHAs, and those HHA employees will only be granted access to those eCMNs for which the physician has designated.
[0079] Many workstations have at least one Encryption Application
[0080] In order to comport with regulations regarding maintaining privacy and security of patient's medical records, many workstations in a medical environment have a Credentialing Input Device
[0081] Returning now to
[0082] After proving status as an authorized credentialed user, the Supplier employee
[0083] In this example, the Supplier Employee
[0084] As with the prior art process, the Supplier
[0085] Rather than sending a physical partially completed form, the Supplier Employee
[0086] The user would then be allowed to view and edit partially completed instances of the Form
[0087] After an authorized credentialed user completes Step
[0088] Upon approval of the information in the instance of the form, the Physician indicates to the Access Device
[0089] The Physician
[0090] Note that the Physician
[0091] In Step
[0092] A Supplier
[0093] As in the prior art process, in Step
[0094] In Step
[0095] As described above, the Third Party Payor
[0096] A Third Party Payor
[0097] In the event that operators of the Form Server
[0098] Alternate Embodiments
[0099] An extension of the present invention uses information from completed and signed Form
[0100] Scope of Patent
[0101] Those skilled in the art will recognize that the methods and apparatus of the present invention has many applications and that the present invention is not limited to the specific examples given to promote understanding of the present invention. Moreover, the scope of the present invention covers the range of variations, modifications, and substitutes for the system components described herein, as would be known to those of skill in the art.
[0102] The legal limitations of the scope of the claimed invention are set forth in the claims that follow and extend to cover their legal equivalents. Those unfamiliar with the legal tests for equivalency should consult a person registered to practice before the patent authority which granted this patent such as the United States Patent and Trademark Office or its counterpart.
[0103] Glossary of Selected Terms
[0104] Audit Document—This term includes both documents that are created and stored for use during audits and documents where a copy is passed through one or more steps of the reimbursement process to provide information to justify the request for reimbursement.
[0105] CMN—Certificate of Medical Need
[0106] DME—Durable Medical Equipment
[0107] DMERC—Durable Medical Equipment Regional Carriers
[0108] HIPAA—Health Insurance Portability and Accountability Act of 1996 and the various regulations to implement it. HIPAA covers many topics including various requirements to promote privacy of the patients with medical information in electronic form including many requirements relating to security and limitations on use.
[0109] HCFA—Healthcare Finance Administration
[0110] HCPCS #—A unique identifier
[0111] HIC number—a unique identifier for the patient
[0112] ICD-9—diagnosis codes to describe the patient's condition
[0113] Internet:—includes Internet2 and subsequent communication networks that replace or partially replace the Internet as a communication network
[0114] NSC—a unique identifier for the supplier by the National Supplier Clearinghouse
[0115] UPIN—Unique Physician Identification Number
[0116] XML—Extensible Mark-up Language