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February 26, 2016 Financial Management Work Group Conference Call

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Conference Call Schedule

  • Occurs on Fridays, 4 PM Eastern
  • Phone Number: +1 770-657-9270 Participant Passcode: 686300# (alternative for US if the first number doesn't work: +1 888-321-4501)

Attendees

Member Name
Kathleen Connor Co-chair x
Beat Heggli Co-chair
Paul Knapp Co-chair x
John Moehrke Security Co-Chair
Lorraine Constable x
Andy Stechishin x
Mark Scrimshire
Grahame Grieve
Corey Spears

Agenda

CP Review List

  1. FM CP 9566 Change Contract.agent & Contract.term.agent Definition and Comments
  2. FM CP 9567 Contract.signer definition revision
  3. FM CP 9533 Change Contract signature datatype from string to FHIR Signature datatype, and change cardinality to 1..*

CP Details

[Definition] Parties with legal standing in the Contract, typically, the grantor(s) and grantee(s) such as a person or an organization that is bound by signing the contract to the actions related to the Contract.topic and Contract.term(s), which either extend or restrict the overall action on the topic by, for example, stipulating specific policies or obligations constraining actions, action reason, or agents with respect to some or all of the topic.

[Requirements] The Contract.signer typically applies a signature to the Contract.binding referenced resource, which is the documentation that is the legal "source of truth".

[Comments] Examples include specifying how policies or obligations shall constrain actions and action reasons permitted or denied on all or a subset of the Contract.topic (e.g., all or a portion of property being transferred by the contract), agents (e.g., who can resell, assign interests, or alter the property being transferred by the contract), actions, and action reasons; or with respect to Contract.terms, stipulating, extending, or limiting the Contract.period of applicability or valuation of items under consideration.

[Notes] There are atypical scenarios, such as when a signer delegates actual application of a delegatee's signature or where a grantee "presumes agreement" without a grantor's signature, such as where a grantor is deemed to have granted rights in the contract to the grantee based on accepting privileges that require the granting of these rights. For example, a driver is deemed to have implicitly consented to sobriety testing because the driver obtained a driver's license, which stipulated this agreement.

  • FM CP 9567 Contract.signer definition revision: Strike: "party signing this contract". Replace with: "Parties with legal standing in the Contract, typically, the grantor(s) and grantee(s) such as a person or an organization that is bound by the contract to the actions related to the Contract.topic and Contract.term(s), which either extend or restrict the overall action on the topic by, for example, stipulating specific policies or obligations constraining actions, action reason, or agents with respect to some or all of the topic.

For example, specifying how policies or obligations shall constrain actions and action reasons permitted or denied on a all or a subset of the Contract.topic (e.g., all or a portion of property being transferred by the contract), agents (e.g., who can resell, assign interests, or alter the property being transferred by the contract), actions, and action reasons; or with respect to Contract.terms, stipulating, extending, or limiting the Contract.period of applicability or valuation of items under consideration.

The Contract.signer applies a signature to the Contract.binding referenced resource, which is the documentation that is the legal "source of truth". The Contract.signer may delegate, such as a legally recognized personal representative, or have a delegate assigned e.g., by a court of law, to actually sign the Contract, such as a trustee in the case of incompetence. The Contract.signer delegatee is specified by the "whoReference" in the Contract.signer.signature. That Signature may reference back to the Contract.signer.party with the "onBehalfOfReference".

Current CP text: "Change Contract signature datatype from string to FHIR Signature datatype and change cardinality to 1..*. Provide documentation in the element description and front matter explaining that the Signature.who type may be a signer on behalf of a signing party. This addresses the use case where an App or mobile device signs a contract/consent directive on behalf of the organization accountable for complying with the contract/consent directive. Make Signature 1..* for use cases in which there may be more than one signature. Examples: Company policy requires that a signer of a contract having a value over $1 million must have two signatures, the grantor/grantee party to the contract, and a second signature from the company's CFO. Signer is a minor with divorces parents who have joint custody. Policy requires that all legal guardians of a minor who signs a consent directive must co-sign that consent directive."

However, there now appears to be several approaches across P&S FHIR artifacts to indicate delegation of signing authority beyond just implementation guidance described in FM CP 9533. John indicated that theAuditEvent.agent.requestor was intended to indicate delegation, but it's not clear how to differentiate delegatee/delegator from a bag of AuditEvent.agents. Definition = "Indicator that the user is or is not the requestor, or initiator, for the event being audited." [1..1] boolean. Requirements = This value is used to distinguish between requestor-users and recipient-users. For example, one person may initiate a report-output to be sent to another user. re can only be one initiator. Comment: If the initiator is not clear, then do not choose any one agent as the initiator.

  • Provenance.actor/agent has relatedAgenty to track delegation. Definition = "A relationship between two the agents referenced in this resource. This is defined to allow for explicit description of the delegation between agents. For example, this human author used this device, or one person acted on another's behest." Provenance.agent.relatedAgent.target is defined as "An internal reference to another agent listed in this provenance by its identifier."

CP Text = To support delegation of signing authority add: "onBehalfOf" [0..1]; "onBehalfOfURI" type = uri; "onBehalfOfReference" type = Reference(Practitioner | RelatedPerson | Patient | Device | Organization).

Add “onBehalfOf" definition of " = Agent who delegated signing or did not have the legal standing to sign for themselves (such as a child) e.g., a party to a contract, consent directive, witness, attester, etc. Implementer documentation that the References of a Resource element associated with Signature datatype can constrain the onBehalfOfReference" type if, e.g., the Resource element Reference is only Organization, then the onBehalfOfReference can only be an Organization Resource.

Add "onBehalfOfReference" definition: The delegator for which the “who” Reference, e.g., a Device, signed on behalf of. The delegator can only be a Referenced Resource type in the context in which the signature is used. E.g., in a contract, where a signing party must have legal standing, by limiting Referenced resources to Organizational or Person like Resources, may be enough of a constraint to prevent a device being the delegator to another device and thereby a signer which must have legal standing.

Add Implementer documentation that the References of a Resource element associated with Signature datatype can constrain the onBehalfOfReference" type if, e.g., the Resource element Reference is only Organization, then the onBehalfOfReference can only be an Organization Resource.

Need to decide on delegation approach to finalize on the above CPs. FM needs to implement the Signature DataType replacement of signature with or without the delegation approach. Need to report back to Security to get cross WG delegation approach.

Other Items=

  1. Discuss discussion about John Moehrke's Friendly Amendment to FM CP 9533Change Contract signature datatype from string to FHIR Signature datatype, and change cardinality to 1..*] to change cardinality of Contract.signer.type and Contract.signer.role to 0..1 to support use cases where there is no signer.
  • This proposal was tabled until next call because beyond scope of discussion and the implications of doing so in terms of a legal contract haven't been thought through
  • We also need a couple of use cases to illustrate the need, e.g., for a contract where one signer is unknown but some entity signer on their behalf. There may be alternative solutions. One big issue is that currently, Contract.signer is optional, which likely doesn't make sense for a contract.
  • John indicated that theAuditEvent.agent.requestor was intended to indicate delegation, but it's not clear how to differentiate delegatee/delegator from a bag of AuditEvent.agents. Definition = "Indicator that the user is or is not the requestor, or initiator, for the event being audited." [1..1] boolean. Requirements = This value is used to distinguish between requestor-users and recipient-users. For example, one person may initiate a report-output to be sent to another user. re can only be one initiator. Comment: If the initiator is not clear, then do not choose any one agent as the initiator.

Minutes

  • Kathleen chaired.
  • Minutes Approved - Lorraine moved, Andy seconded 0-0-2
  • Paul notified that FHIR Contract needs to be added to Financial Resources
  • FM votes affirmatively on SSD-SD Lorraine moved, Paul seconded 0-0-3
  • Final Harmonization submission for ActorRoleType approved. Paul moved, Andy seconded 0-0-3. Andy will do technical review.
  • Approval for FM to co-sponsor financial related material in HL7 v2.9 Andy moved, Paul seconded 0-0-3
  • FM approves submitting May FHIR Connectathon Financial Track with same use cases as January's. Paul moved, Andy seconded 0-0-3.
  • Three FHIR CPs: FM CP 9566, FM CP 9567, and FM CP 9533 were approved. Paul moved, Andy seconded 0-0-3.
  • John's amendment to FM CP 9533 to change cardinality for Contract.signer described above and pre-applied here] was not approved.

So plan is to only change Signature cardinality in the official version of Contract.signer to 1..* Rationale: We could not come up with any plausible use case were a signer to a contract would not also be a party. Any Contract.signer is a party to the Contract and must be specified. Paul moved, Andy seconded 0-0-3.

  • Mary Kay worked with Ted to resolve all but one of the 50+ FM v.2 vocabulary table issues.

Action Items

  • Monitor any v2.9 Consent vocabulary proposals for alignment with FHIR Contract/CD vocabulary.
  • Remember to vote in TSC elections
  • Need to update FM's 3 Year Plan