[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Rules and Regulations]
[Pages 27898-27899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12907]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Public Health Service

45 CFR Part 60

RIN 0905-AE53


National Practitioner Data Bank for Adverse Information on 
Physicians and Other Health Care Practitioners; Payment of Fees

AGENCY: Health Resources and Services Administration, PHS, HHS.

ACTION: Final rule.

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SUMMARY: This final rule amends the existing regulations governing the 
National Practitioner Data Bank for Adverse Information on Physicians 
and Other Health Care Practitioners (the Data Bank) authorizing the 
reporting and release of information concerning: Payments made for the 
benefit of physicians, dentists, and other health care practitioners as 
a result of medical malpractice actions or claims; and certain adverse 
actions taken regarding the licenses and clinical privileges of 
physicians and dentists. This final rule removes restrictions on 
allowed methods of payment for Data Bank fees.

EFFECTIVE DATE: This regulation is effective May 26, 1995.

FOR FURTHER INFORMATION CONTACT: Thomas C. Croft, Director, Division of 
Quality Assurance, Bureau of Health Professions, Health Resources and 
Services Administration, Room 8A-55, 5600 Fishers Lane, Rockville, 
Maryland 20857; telephone number (301) 443-2300.

SUPPLEMENTARY INFORMATION: This final rule amends the existing 
regulations for the National Practitioner Data Bank for Adverse 
Information on Physicians and Other Health Care Practitioners under 45 
CFR part 60. Section 60.12(c)(1) and (2) currently state that requests 
to the Data Bank constitute an agreement to pay the established user 
fee and that the billing of such use will be made during established 
intervals. Section 60.12(c)(3) currently states that Data Bank fees 
must be paid by check or money order made payable to the U.S. 
Department of Health and Human Services. The Department has removed 
these regulatory restrictions on allowable methods of payment to permit 
the Secretary to announce alternate [[Page 27899]] payment methods 
through periodic notice in the Federal Register. Paragraph (c)(4) is 
being redesignated as (c) and revised to allow the Data Bank the 
flexibility: (1) to streamline and automate its approach to fee 
collection; and (2) to offer a greater variety of payment options to 
its users, thereby improving customer service. Paragraphs (c)(1), (2), 
and (3) are deleted.

Justification for Omitting Notice of Proposed Rulemaking

    Since these amendments to the Data Bank regulations are of a 
technical nature and only amend the regulations to reflect the fee 
payment practices of the Data Bank, the Secretary has determined, 
pursuant to 5 U.S.C. 553 and departmental policy that it is unnecessary 
and impractical to follow proposed rulemaking procedures or to delay 
the effective data of these regulations.

Economic Impact

    Executive Order 12866 requires that all regulations reflect 
consideration of alternatives, of costs, of benefits, or incentives, of 
equity, and of available information. Regulations must meet certain 
standards, such as avoiding unnecessary burden. Regulations which are 
``significant'' because of cost, adverse effects on the economy, 
inconsistency with other agency actions, effects on the budget, or 
novel legal or policy issue, require special analysis.
    The Department believes that the resources required to implement 
the requirements in these regulations are minimal. This final rule 
simply removes restrictions on the number of options available to users 
of the Data Bank. Therefore, in accordance with the Regulatory 
Flexibility Act of 1980, the Secretary certifies that these regulations 
will not have a significant impact on a substantial number of small 
entities. For the same reasons, the Secretary has also determined that 
this is not a ``significant'' rule under Executive Order 12866.

Paperwork Reduction Action of 1980

    These amendments do not affect the recordkeeping or reporting 
requirements in the existing regulations for the National Practitioner 
Data Bank for Adverse Information on Physicians and Other Health Care 
Practitioners.
List of Subjects in 45 CFR Part 60

    Health professions, Insurance companies, Malpractice, Reporting and 
recordkeeping requirements.

    Dated: April 11, 1995.
Philip R. Lee,
Assistant Secretary for Health.

    Approved: May 19, 1995.
Donna E. Shalala,
Secretary.

    Accordingly, 45 CFR part 60 is amended as set forth below:

PART 60-- NATIONAL PRACTITIONER DATA BANK FOR ADVERSE INFORMATION 
PHYSICIANS AND OTHER HEALTH CARE PRACTITIONERS

    1. The authority citation for 45 CFR part 60 continues to read as 
follows:

    Authority: Secs. 401-432 of the Health Care Quality Improvement 
Act of 1986, Pub. L. 99-660, 100 Stat. 3784-3794, as amended by 
section 402 of Pub. L. 100-177, 101 Stat. 1007-1008 (42 U.S.C. 
11101-11152.)

    2. Section 60.12 is amended by revising paragraph (c) to read as 
follows:


Sec. 60.12  Fees applicable to requests for information.

* * * * *
    (c) Assessing and collecting fees. The Secretary will announce 
through notice in the Federal Register from time to time the methods of 
payment of Data Bank fees. In determining these methods, the Secretary 
will consider efficiency, effectiveness, and convenience for the Data 
Bank users and the Department. Methods may include: credit card; 
electronic fund transfer; check; and money order.

[FR Doc. 95-12907 Filed 5-25-95; 8:45 am]
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