National Practitioner Data Bank: User fee,

[Federal Register: February 17, 1998 (Volume 63, Number 31)]

[Notices]

[Page 7812]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17fe98-113]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

National Practitioner Data Bank for Adverse Information on Physicians and other Health Care Practitioners: Availability of and Fee for Public Use Data File

The Health Resources and Services Administration (HRSA), Department of Health and Human Services (DHHS), is announcing a fee of $195 for the recently available public use data file which includes selected information from approximately 168,000 reports submitted to the National Practitioner Data Bank (Data Bank) between September 1, 1990 and December 31, 1997. HRSA plans to make updated versions of the complete file available every 4 months. A separate $195 fee will be charged for each updated copy of the file. The file contains information concerning: (1) Malpractice payments made for the benefit of physicians, dentists, and other health care practitioners; and (2) adverse licensure, clinical privileges, and professional society membership actions concerning physicians and dentists.

The file does not contain information which would allow identification of individual physicians, dentists, or other health care practitioners. It also does not contain information identifying either entities which filedreports with the Data Bank or patients. This information is being made available for research purposes in conformance with 42 USC 11137(b). Hospitals cannot fulfill their obligation under 42 USC 11135 to query the Data Bank by obtaining this data file. Other health care entities cannot fulfill obligations to query the Data Bank imposed by accreditation agencies by obtaining this file.

Information in the file includes type of practitioner, type of reporting entity, and the practitioner's State. For malpractice payment reports, information includes malpractice payment amount, reasons for malpractice payment, date of payment, and whether payment is a result of judgment or settlement. For adverse action reports, the file includes information on the reason for the licensure or clinical privileges adverse action, the type of action taken, and the duration of such action.

The public use file is in ASCII format and is approximately 20 megabytes in size. It is available in compressed form on IBM-PC compatible high density 3.5 inch diskettes and may also be made available in CD-ROM format. In addition to the data themselves, a complete file description in ASCII text format is included. For informaton on how to order the file, call Data Bank ``Help Line'' at 1- 800-767-6732.

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 defines the terms used in this announcement.

In determining any changes in the amount of the user fee, the Department uses the criteria set forth in Sec. 60.12(b) of the regulations, as well as allowable costs pursuant to the DHHS Appropriations Act of 1998, Pub. L. 105-78, enacted November 13, 1997. This Act requires that the Department recover the full costs of operating the Data Bank through user fees. Section 60.12(b) of the regulations states:

``The amount of each fee will be determined based on the following criteria:

(1) Use of electronic data processing equipment to obtain information--the actual cost for the service, including computer search time, runs, printouts, and time of computer programmers and operators, or other employees,

(2) Photocopying or other forms of reproduction, such as magnetic tapes--actual cost of the operator's time, plus the cost of the machine time and the materials used,

(3) Postage--actual cost, and

(4) Sending information by special methods requested by the applicant, such as express mail or electronic transfer--the actual cost of the special service.''

Additionally, in establishing this charge, the Agency used guidance issued in the Office of Management and Budget (OMB) Circular A-25, applicable to the imposition of user fees. This circular authorizes agencies to collect user fees for the ``full cost'' of providing a service. These allowable costs include research. All other Data Bank user fees remain the same.

The Department will review this charge periodically, and will revise it as necessary. Any changes in the fee and their effective dates will be announced in the Federal Register.

Dated: February 10, 1998. Claude Earl Fox, Acting Administrator.

[FR Doc. 98-3833Filed2-13-98; 8:45 am]

BILLING CODE 4160-15-P