Updates to Globals Configs, Notices, etc

tmccormi wrote on Tuesday, January 03, 2012:

https://github.com/tmccormi/openemr/tree/configs-and-urls

Several updates including:
1 -Support configurable Help and User Manual locations for anyone that is doing hosted support (or just needs it).
2 -Configurable bottom pane starting module
3- Added links for Notices for certification (OEMR/ICSA)
4- Added hide-able link to AMA COT license.  This is required by AMA if any CPT codes are in use and OpenEMR ships with some loaded in the fee-sheet
5 - Corrected references in LEN Connector to be Mi-squared instead of “Openemr Support, LLC” since we merged a long time ago
-Tony

bradymiller wrote on Tuesday, January 03, 2012:

Hi Tony,
Placed comments in github. For the AMA COT license, do we need (and are we allowed to) to bundle it with OpenEMR since default install includes some of these in the fee sheet?
-brady

tmccormi wrote on Tuesday, January 03, 2012:

We are supposed to include the license notice since the there are codes included in the package.  I made it a option so the non USA user could disable it.  PS: COT is a typo, it should be AMA CPT license :slight_smile:

And anyone using the codes is supposed to pay the AMA a per user fee, per year for their use.

-Tony

bradymiller wrote on Tuesday, January 03, 2012:

Hi Tony,
Then I think we are missing the license from your commit. Is the license compatible with GPL and/or are we placing users at risk(ie. implicitly responsible for yearly AMA user fees)? Also, does link need to be on the login screen, or could we “hide” the link within the Administration->Services screen.
-brady

tmccormi wrote on Tuesday, January 03, 2012:

The link should be going to the license information page at the AMA, it’s not a GPL thing at all,  but really an AMA required “warning” that CPT codes are NOT free to use. 

Frankly we should stop shipping and CPT codes with OpenEMR to avoid issues, then we could drop the notice.

-Tony

yehster wrote on Tuesday, January 03, 2012:

http://www.ama-assn.org/ama/pub/physician-resources/solutions-managing-your-practice/coding-billing-insurance/cpt/frequently-asked-questions.page

The few CPT(for E/M levels) OpenEMR ships with are so common they would probably fall under “fair use.” 

I think not shipping with any CPT codes is a bit extreme and would make the app much less accessible to anyone in the US to at least see examples of where/how CPT codes fit into OpenEMR for billing. 

tmccormi wrote on Wednesday, January 04, 2012:

I think you are right Kevin.  But for when CPT are in use we need to add this text, I think under the link that I have optioned. 

“CPT copyright 2010 American Medical Association. All rights reserved.
CPT is a registered trademark of the American Medical Association.”
(Please note that the use or reprinting of CPT content in any product or publication requires a license. For more information about the licenses available, see CPT License Information.)
Applicable FARS/DFARS Restrictions Apply to Government Use
Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein.

sunsetsystems wrote on Wednesday, January 04, 2012:

I am doubtful that the numeric CPT codes themselves fall under AMA copyright, but rather the textual descriptions composed by them.  It’s my understanding that copyrights apply to a “form of expression” and mere names or labels do not qualify.

So my guess is that if the AMA descriptions are not used, then AMA would have no claim.  But I’m not a lawyer.

Rod
www.sunsetsystems.com

yehster wrote on Wednesday, January 04, 2012:

Tony,
Thanks for updating all of this stuff.  I think it is a good plan.  My comment was mainly meant to assuage fears that somehow by including this minimal set of CPT Codes (and not even the AMA descriptions as Rod points out) we would be putting users at risk of violating  copyrights. “Stopping shipping” of this minimal set of CPT codes seems rather rash.

http://www.aafp.org/online/en/home/publications/journals/fpm/fpmtoolbox.html#Parsys1990
The American Academy of Family Practice distributes a spreadsheet with pretty much the same CPT codes OpenEMR includes, and there is no AMA copyright notice, and there is no way the AMA could reasonably expect the AAFP to pay the $13/year licensing fee for every visitor to their website for coding advice.

tmccormi wrote on Wednesday, January 04, 2012:

It perturbs me greatly that the gov’t can require the use of someone’s licensed data set…  but I have the same issue with HL7 and X12 … :-)  

Just trying to make sure we keep our noses clean AND that is easy for clinics and vendors that do provide the full AMA code set to configure OpenEMR without having to customize it…
-Tony

sunsetsystems wrote on Wednesday, January 04, 2012:

Note also that the fee schedules that are freely downloadable from http://www.cms.gov/PhysicianFeeSched/PFSNPAF/list.asp contain CPT codes (not descriptions) and there is no attempt there to restrict distribution nor to charge a fee.

Rod
www.sunsetsystems.com