[Federal Register Volume 62, Number 13 (Tuesday, January 21, 1997)]
[Notices]
[Pages 3048-3049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1404]


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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), Department 
of Health and Human Services (DHHS), is announcing the elimination of 
the discount fee charged to entities authorized to request information 
from the National Practitioner Data Bank (Data Bank) for queries which 
meet all requirements for fully automated processing.
    The current fee structure was announced in the Federal Register on 
February 8, 1996 (61 FR 4788). The user fee is $3.00 less $1.00 
discount per name per query fee for queries submitted via 
telecommunications network and paid via an electronic funds transfer or 
credit card, with query response sent via the telecommunications 
network. Six dollars is charged for queries submitted electronically on 
a diskette to pay for the extra handling and mailing costs for these 
queries. An additional $4.00 is charged for all queries which are paid 
for by check or money order rather than by electronic funds transfer or 
credit card to cover the cost of debt management.
    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 1997, P.L. 104-208, enacted September 30, 1996. 
This Act requires that the Department recover the full costs of 
operating the Data Bank through user fees. Paragraph (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.''

    Based on analysis of the comparative costs of the various methods 
for filing and paying for queries, the Department is eliminating the 
$1.00 discount fee for users who: (1) query and receive responses via 
the telecommunications network, and (2) pay query fees by credit card, 
electronic funds transfer or such other electronic transfer options as 
may be offered in the future.
    Despite the elimination of the discount, electronic querying 
(telecom network) and electronic payment continue to be the most cost-
effective methods for requesting information from the Data Bank. 
Consequently, the fee for querying the Data Bank by diskette with 
electronic payment continues to be $6.00. The new fee for electronic 
queries (telecom network) with electronic payment will be $3.00. This 
change is effective February 20, 1997.
    When a query is for information on one or more physicians, 
dentists, or other health care practitioners, the appropriate total fee 
will be $3.00 (plus a $3.00 and/or a $4.00 surcharge for submission and 
payment as described above) multiplied by the number of individuals 
about whom information is being requested. All other fees remain the 
same. For examples, see the table below.
    The Department will review the user fee periodically, and will 
revise it as necessary. Any changes in the fee and their effective date 
will be announced in the Federal Register.

------------------------------------------------------------------------
                                   Fee per name in                      
         Query method            query, by method of        Examples    
                                       payment                          
------------------------------------------------------------------------
Electronic query (Telecom       $3.00 (if paid         10 names in      
 network) with electronic        electronically via     query. 10x$3 =  
 payment.                        credit card or other   $30.00.         
                                 electronic means and                   
                                 response received                      
                                 electronically).\1\.                   
Electronic query (Diskette)     $6.00 (if paid         10 names in      
 with electronic payment.        electronically via     query. 10x$6 =  
                                 credit card or other   $60.00.         
                                 electronic means and                   
                                 response received on                   
                                 paper) ($3.00 fee                      
                                 plus $3.00                             
                                 surcharge).                            
Electronic query (Telecom       $7.00 (if not paid     10 names in      
 network) with non-electronic    via credit card or     query. 10x$7 =  
 payment.                        other electronic       $70.00.         
                                 means) ($3.00 fee                      
                                 plus $4.00                             
                                 surcharge).                            

[[Page 3049]]

                                                                        
Electronic query (Diskette)     $10.00 (if not paid    10 names in      
 with non-electronic payment.    via credit card or     query. 10x$10 = 
                                 other electronic       $100.00.        
                                 means) ($3.00 fee                      
                                 plus $3.00 and $4.00                   
                                 surcharges).                           
------------------------------------------------------------------------
\1\ This new fee represents the elimination of the $1.00 discount.      

    Dated: January 14, 1997.
Ciro V. Sumaya,
Administrator.
[FR Doc. 97-1404 Filed 1-17-97; 8:45 am]
BILLING CODE 4160-15-P