Opportunities for Engaging Long-Term and Post-Acute Care Providers in Health Information Exchange Activities: Exchanging Interoperable Patient Assessment Information. Intellectual Property Issues

12/01/2011

Prior to 2008, rights to the OASIS instrument were retained by the Center for Health Services and Policy Research in Denver, Colorado. The Research Center, however, granted the right to use the OASIS tool freely, as evidenced by the copyright notice on the CMS web site,104 and previous agreements that were reached with the NLM105 and LOINC.106

The OASIS implementation manual was originally developed in 1999 and has been revised several times to reflect changes to the OASIS data set. A revised manual was released in September 2009 as part of the project to upgrade the instrument to OASIS-C.

The designation for the OASIS in the UMLS is LNC221_OASIS_2002 -- the OASIS. The owner of the data set is the University of Colorado Center for Health Services Research (UCHSC) in Denver, Colorado. Contact information for the OASIS is Andrew Kramer, MD at UCHSC. Use of the OASIS through the UMLS is subject to category 3restrictions, referenced in the section on the MDS, above.

The OASIS is also represented in the LOINC database. The text of the agreement concerning third party content in the LOINC database is referenced in the section on the MDS, above.

RELMA provides the following language concerning the OASIS copyright claim:

RIGHT TO COPY, REPRINT, AND USE OASIS.

The Outcome and ASsessment Information Set (OASIS) is the intellectual property of the Center for Health Services Research, Denver, Colorado, and may not be copyrighted by any other party. It is our intent to permit the free use of OASIS by home care providers and related organizations, businesses, and individuals, to be incorporated into patient or client assessment forms or software. To this end we grant all such organizations or individuals the nonexclusive right to copy or reprint the contents of the OASIS and to incorporate OASIS items into printed forms, software, or other products. No royalty or use fee is required, but acknowledgement of authorship is expected.107

As of late 2007, Copyright information on the CMS OASIS web site indicated that OASIS B-1 was now in the public domain. Copyright information on the CMS web site reads: "The Outcome and ASsessment Data Set (OASIS) B1 (1/2008) is in the public domain and may not be copyrighted. No permission is needed to copy and use the data set." Similar text is in the OASIS Implementation Manual: Appendix B, dated January 2008.108 There is no information with regard to copyright and OASIS-C on the CMS web site, and the issue is not addressed in the OASIS-C guidance manual.

CMS requires that state health agencies transmit encoded OASIS data in a format conforming to the CMS standard electronic record layouts, edit specifications, and data dictionary. The HAVEN system, developed by CMS, supports the data transmission requirements, but other software programs conforming to CMS requirements have also incorporated OASIS into their programs for the purpose of transmitting the data to CMS. There is no indication IP issues were ever a barrier.

Samples of paper assessment forms sold by the Briggs Medical Services Company over the years claim copyright to the forms, but also note that the OASIS data set is the IP of the Center for Health Services and Policy Research, and was being used with permission.109

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