Dear ITH Customers,

It has come to our attention that UDSMR and MedTel Outcomes are attempting to mislead ITH customers and others in the rehabilitation community with respect to intellectual property rights concerning the Functional Independence Measure (FIM). UDSMR claims that it is the only party authorized to use the FIM for outcomes measurement, management and reporting and that any other party who uses the FIM must be licensed by UDSMR.

UDSMR's license states that a UDSMR licensor cannot serve customers who deal with UDSMR competitors. IT HealthTrack has refused to sign such a license with UDSMR because ITH believes it is unlawful and unhealthy for the rehabilitation community. It is also based on the misleading premise
that UDSMR owns the FIM.

ITH further believes that MedTel Outcomes, a UDSMR licensee, is seeking to intimidate ITH customers and others in the rehabilitation community with misleading claims related to FIM ownership and licensing rights and possible litigation.

UDSMR's conduct, claims and assertions and its relationship with MedTel Outcomes are the subject of pending antitrust litigation in federal court in the Western District of New York. The pleadings in our case are a matter of public record. ITH does not intend to be bullied or to have its customers and other members of the rehabilitation community be bullied into dealing exclusively with UDSMR or accepting UDSMR's claims of ownership of the FIM.

IT HealthTrack offers many years of experience and expertise in data collection, IRF-PAI training workshops, DVD training resources, medical records auditing and on-site consultation to rehabilitation providers using a number of competing software vendors. It supports your right to compare the quality of services and to freely make informed purchasing decisions. Anyone who attempts to control your choices or limit your options does not have the best interests of the rehabilitation community at heart.

ITH will not deny services to a hospital or other institution based on its choice of PPS software vendor as required by the UDSMR licensing agreement, and urges all members of the rehabilitation community to consider the negative implications of UDSMR and MedTel's claims of exclusivity and their attempts to enforce such claims.

Sincerely,

Dr. Pamela Smith

President, IT HealthTrack