23 Miss. Code. R. 200-1.10 - Electronic Signatures
A. The Division of
Medicaid defines an electronic signature (e-signature) as an electronic symbol
attached to or logically associated with a document or communication to be
transmitted or submitted to the Division of Medicaid.
1. The Division of Medicaid recognizes an
electronic signature as an electronic symbol or process attached to, or
logically associated with, a document or communication with the Division of
Medicaid when executed or adopted by a person with the intent to electronically
sign a document or communication when the application of the electronic
signature:
a) Is made by the person whose
electronic signature is being applied,
b) Identifies a person as the
signer,
c) Authenticates a person
as the signer,
d) Includes the date
and time of the application of the electronic signature, and
e) Indicates intent of approval of
information contained in the electronically signed document or
communication.
2. The
Division of Medicaid considers electronic signatures the equivalent of full
handwritten signatures or handwritten initials.
a) An electronic signature will not be denied
solely on the grounds that it is in electronic form.
b) A duplicative image of the original
electronic signature or a signature stamp is not a valid electronic
signature.
c) A provider cannot
refuse to accept a handwritten signature from a beneficiary.
B. Providers must
ensure that electronic signatures applied to an electronic health record EHR
and/or medical document cannot be excised, copied, or otherwise transferred to
falsify an EHR or medical document.
C. Providers are permitted to use
e-signatures in submissions to the Division of Medicaid including, but not
limited to, Provider Enrollment Applications and claim forms.
1. Provider e-signatures must be created
using e-signature software including, but not limited to, the following:
a) Right Signature TM,
b) Adobe E-Sign,
c) Electronic health record (EHR) software.
[Refer to Miss. Admin. Code Part 200, Rule
5.7], or
d) Any technology solution provided by the
Mississippi Division of Medicaid and utilized by providers to conduct business
with the Mississippi Division of Medicaid.
2. An authorized provider representative may
use a provider's e-signature to make submissions for payment to the Division of
Medicaid at the provider's direction. The authorized provider representative
must print their name next to the provider's e-signature. [Refer to Miss.
Admin. Code Part 200, Rule
1.9.]
3. Any e-signature appearing on an EHR must
be made by the treating practitioner.
a) EHR
e-signature-making authority may not be delegated to any other party.
b) E-signatures appearing on an EHR must
comply with Division of Medicaid requirements regarding EHR. [Refer to Miss.
Admin. Code Part 200, Rule
5.7.]
D. Beneficiaries are permitted to use
e-signatures in submissions, including Medicaid applications, to the Division
of Medicaid.
1. Beneficiaries may create
e-signatures through touchscreen technology, online verification systems, and
other methods regularly used for beneficiary applications and receipt of
benefits in accordance with applicable state and federal laws.
2. Beneficiaries may use e-signatures in
records that normally appear in an EHR including, but not limited to, consent
for treatment. [Refer to Miss. Admin. Code Part 200, Rule
5.7.]
3. A beneficiary's representative may use an
e-signature for purposes of both application and receipt of benefits.
a) The representative must sign both the
beneficiary's name and the representative's name when using an
e-signature.
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