[Federal Register Volume 63, Number 23 (Wednesday, February 4, 1998)]
[Notices]
[Pages 5811-5812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2637]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


National Practitioner Data Bank; Change in User Fee and 
Elimination of Diskette Queries

    The Health Resources and Services Administration (HRSA), Department 
of Health and Human Services (DHHS), is announcing a one dollar 
increase in the fee charged to entities authorized to request 
information from the National Practitioner Data Bank (Data Bank) for 
all queries. Concurrently, HRSA is announcing that the Data Bank will 
no longer accept queries submitted via diskette.
    The current fee structure was announced in the Federal Register on 
January 21, 1997 (62 FR 3048). The user fee is $3.00 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. A three dollar surcharge is applied 
when queries are 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 1998, P.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. 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 raising all query 
fees by $1.00 per name. This price increase is necessitated by 
increased labor costs and escalating costs for the Data Bank's 
telecommunications network and data transmission services.
    Despite the one dollar increase, electronic querying 
(telecommunications network) and electronic payment continue to be the 
most cost-effective methods for requesting information from the Data 
Bank. The new fee for electronic queries (telecommunications network) 
with electronic payment will be $4.00. The fee for querying the Data 
Bank by telecommunications network and non-electronic payment will be 
$8.00. This change is effective April 1, 1998.
    When a query is for information on one or more physicians, 
dentists, or other health care practitioners, the appropriate total fee 
will be $4.00 (plus a $4.00 surcharge for submission and payment as 
described above) multiplied by the number of individuals about whom 
information is being requested. For examples, see the table below.
    Additionally, due to the continuing decrease in the number of 
queries submitted via diskette and the wider availability of the 
telecommunications network, the Department is discontinuing its support 
for the diskette option. Fewer than 2% of queries are currently 
submitted via diskette. Therefore, the Department has determined that 
it is no longer cost-efficient for the Data Bank to accept for 
processing queries submitted via diskette. The Department recognizes 
that a few entities may have technical difficulties, the remedies for 
which may be beyond their control, that preclude successful 
transmission via the telecommunications network. The Data Bank will 
attempt to work out appropriate accommodations with these entities. 
Entities experiencing difficulties submitting queries via the 
telecommunications network should contact the Data Bank Helpline at 1-
800-767-6732 for assistance.

[[Page 5812]]

    The Department will continue to 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.

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                                   Fee per name in query, by                                                    
         Query method                  method of payment                             Examples                   
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Electronic query                $4.00 (if paid electronically    10 names in query. 10 x $4=$40.00.             
 (Telecommunications network)    via credit card or other                                                       
 with electronic payment.        electronic means and response                                                  
                                 received electronically).                                                      
Electronic query                $8.00 (if not paid via credit    10 names in query. 10 x $8=$80.00.             
 (Telecommunications network)    card or other electronic                                                       
 with non-electronic payment.    means) ($4.00 fee plus $4.00                                                   
                                 surcharge).                                                                    
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    Dated: January 28, 1998.
Claude Earl Fox,
Acting Administrator.
[FR Doc. 98-2637 Filed 2-3-98; 8:45 am]
BILLING CODE 4160-15-P