[Federal Register Volume 59, Number 134 (Thursday, July 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17073]
[[Page Unknown]]
[Federal Register: July 14, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
National Practitioner Data Bank: Change in User Fee
The Health Resources and Services Administration (HRSA), Public
Health Service (PHS), Department of Health and Human Services (DHHS),
is announcing a change in the fee that is charged entities authorized
to request information from the National Practitioner Data Bank (Data
Bank).
The current user fees of $6.00 for queries submitted by diskette or
telecommunications network and $10.00 for queries submitted on paper
have been in effect since July 1, 1993. Those fees were announced in
the Federal Register on June 1, 1993 (58 FR 31215). That announcement
indicated that the fee charged for authorized queries for information
concerning an individual physician, dentist, or other health care
practitioner would be reviewed periodically and revised as necessary,
based upon experience. Any further changes in the fee, and the
effective date of the change, would be announced in the Federal
Register.
The Data Bank is authorized by the Health Care Quality Improvement
Act of 1986 (the Act), title IV of Public Law 99-660, as amended (42
U.S.C. 11101 et seq.). Section 427(b)(4) of the Act authorizes the
establishment of fees for the costs of processing requests for
disclosure and of providing such information.
Final regulations at 45 CFR part 60 set forth the criteria and
procedures for information to be reported to and disclosed by the Data
Bank. Section 60.3 of these regulations should be consulted for the
definition of terms used in this announcement. These regulations govern
the reporting and disclosure of information concerning:
(1) Payments made for the benefit of physicians, dentists, and
other health care practitioners as a result of medical malpractice
actions or claims; and
(2) Certain adverse actions taken regarding the licenses, clinical
privileges, and membership in professional societies of physicians and
dentists.
Information in the Data Bank will be available to the following
persons, entities, or their authorized agents:
(1) A hospital that requests information at the time a physician,
dentist, or other health care practitioner applies for a position on
its medical staff (courtesy or otherwise), or for clinical privileges
at the hospital;
(2) A hospital that requests information concerning a physician,
dentist, or other health care practitioner who is on its medical staff
(courtesy or otherwise) or has clinical privileges at the hospital;
(3) A physician, dentist, or other health care practitioner who
requests information concerning himself or herself;
(4) Boards of Medical Examiners or other State licensing boards;
(5) Health care entities which have entered or may be entering
employment or affiliation relationships with a physician, dentist, or
other health care practitioner, or to which the physician, dentist, or
other health care practitioner has applied for clinical privileges or
appointment to the medical staff;
(6) An attorney, or other individual representing himself or
herself, who has filed a medical malpractice action or claim in a State
or Federal court or other adjudicative body against a hospital, and who
requests information regarding a specific physician, dentist, or other
health care practitioner who is also named in the action or claim.
However, this information will be disclosed only upon the submission of
evidence that the hospital failed to request information from the Data
Bank as required by Sec. 60.10(a) of the regulations, and may be used
solely with respect to litigation resulting from the action or claim
against the hospital;
(7) A health care entity with respect to professional review
activity;
(8) A Federal agency authorized to request information from the
Data Bank. The agency must employ or otherwise engage under arrangement
(e.g., such as a contract) the services of a physician, dentist, or
other health care practitioner, or have the authority to sanction such
practitioners covered by a Federal program and enter into a memorandum
of understanding with DHHS regarding its participation in the Data
Bank; or
(9) A person or entity requesting information in a form which does
not permit the identification of any particular health care entity,
physician, dentist, or other health care practitioner.
A reassessment of the full operating costs related to processing
requests for disclosure of Data Bank information, as required by the
DHHS Appropriations Act of 1994 (title II of Pub. L. 103-112, dated
October 21, 1993), as well as the comparative costs of the various
methods for filing and paying for queries, has resulted in a decision
to offer a discount to users when they both query and pay via the
telecommunications network as well as pay query fees by credit card or
such other electronic transfer option as may be offered in the future.
The options to query and pay user fees by these means facilitate the
querying process and make it less costly to both users and the Data
Bank than all other available options.
Accordingly, the Department is adjusting the user fee to provide a
$1.00 discount per name per query submitted and paid via the method
described above. This change will become effective July 14, 1994. All
requests for information via the telecommunication network which are
received on or after this date, and which are paid by credit card or
such other electronic transfer method as may be available, will be
subject to the new fee.
The criteria set forth in Sec. 60.12(b) of the regulations and
allowable costs as required by the Appropriations Act of 1994 were used
in determining the amount of this new fee. The criteria include such
cost factors as: (1) Electronic data processing time, equipment,
materials, computer programmers and operators or other employees; and
(2) preparation of reports---materials, photocopying, postage, and
administrative personnel.
When a request is for information on one or more physician,
dentist, or other health care practitioner, the appropriate total fee
will be $6.00 (minus a $1.00 discount for submission and payment as
described above; or, plus a $4.00 surcharge for queries filed on paper
forms) times the number of individuals about whom information is being
requested. For examples, see the table below.
The fee charged will be reviewed periodically, and revised as
necessary, based upon experience. Any changes in the fee, and the
effective date of the change, will be announced in the Federal
Register.
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Query method Fee per name in query, by method of payment Examples
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Paper.......................... $10.00 (irrespective of payment method)............ 10 names in query.
10 x $10=$100.00.
Electronic (Diskette).......... $6.00 (irrespective of payment method)............. 10 names in query.
10 x $6=$60.00.
Electronic (telecom network)... $6.00 (if not paid electronically via credit card 10 names in query.
or other electronic means). 10 x $6=$60.00.
Electronic (telecom network)... $5.00 (if paid electronically via credit card or 10 names in query.
other electronic means). 10 x $5=$50.00.
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Dated: July 8, 1994.
Ciro V. Sumaya,
Administrator.
[FR Doc. 94-17073 Filed 7-13-94; 8:45 am]
BILLING CODE 4160-15-P