[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Notices]
[Page 7812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3833]


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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 filed reports 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. 98-3833 Filed 2-13-98; 8:45 am]
BILLING CODE 4160-15-P