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  1. FHIR Specification Feedback
  2. FHIR-28903

Do not include policy positions as conformance statements 2

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    Details

    • Type: Change Request
    • Status: Resolved - No Change (View Workflow)
    • Priority: Highest
    • Resolution: Not Persuasive
    • Specification:
      US Da Vinci HRex (FHIR)
    • Raised in Version:
      current
    • Work Group:
      Clinical Interoperability Council
    • Related Page(s):
      Security and Privacy
    • Related Section(s):
      5.1.4 Statutes, Regulations, and Guiding Principles
    • Grouping:
    • Resolution Description:
      Hide

      We have raised this issue with FMG and US-Realm and both have agreed that it is permissible to use conformance language (i.e. SHALL/SHOULD/MAY) when referring to content outside the scope of rules defined by the IG itself. Given that this language has undergone considerable review and discussion with groups inside and outside HL7 and the community was comfortable with the language, we do not see a good reason to relax or change it at this time.

      Show
      We have raised this issue with FMG and US-Realm and both have agreed that it is permissible to use conformance language (i.e. SHALL/SHOULD/MAY) when referring to content outside the scope of rules defined by the IG itself. Given that this language has undergone considerable review and discussion with groups inside and outside HL7 and the community was comfortable with the language, we do not see a good reason to relax or change it at this time.
    • Resolution Vote:
      Marti Velezis / James Tcheng : 6-0-1

      Description

      This IG can't make a policy position or interpretation of the law into a HL7 Conformance Statement. Please refrain from mixing implementation conformance with IG specific policy stances for the following reasons:
      *This is not part of HL7 Conformance methodology, because it is not testable given the standards included in this IG. Testable, computable ability for system components implementing HRex to adequately support the capture and enforcement of patient/member consent and/or treatment of sensitive information consistent with Federal and State law is deemed outside the scope of this IG. If this IG were to make a testable computable conformance statement to this effect, it would need to include standards that support these capabilities.
      *If this policy stance were adopted as a conformance statement, it has the potential to influence how developers implement this IG at the peril of their legal departments, and might run afoul of the policy positions of other HL7 community member and HL7 leadership, which would likely prefer that implementable HL7 standards' conformance statements remain policy agnostic.
      Instead, this IG should strongly encourage implementers to consult with their legal counsel about whether their implementations adequately support the capture and enforcement of patient/member consent and/or treatment of sensitive information consistent with Federal and State law.

      Existing Wording:

      All IGs and implementations SHALL support patient/member consent and/or treatment of sensitive information consistent with Federal and State statutes and regulations.

      Proposed Wording:

      All implementers of any Da Vinci FHIR Implementation Guides (IG) are strongly encouraged to consult with their legal counsel about whether their implementations adequately support the capture and enforcement of patient/member consent and/or treatment of sensitive information consistent with Federal and State law.

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              Assignee:
              Unassigned Unassigned
              Reporter:
              k.connor Kathleen Connor
              Request in-person:
              Kathleen Connor
              Watchers:
              2 Start watching this issue

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                Updated:
                Resolved:
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