[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Rules and Regulations]
[Page 71041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32792]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary
Office of Inspector General

45 CFR Part 61

RIN 0906-AA46


Health Care Fraud and Abuse Data Collection Program: Reporting of 
Final Adverse Actions; Correction

AGENCY: Office of Inspector General (OIG), HHS.

ACTION: Final rule; correction amendment.

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SUMMARY: This document contains a correction to the final regulations 
which were published in the Federal Register on Tuesday, October 26, 
1999 (64 FR 57740). These regulations established a national health 
care fraud and abuse data collection program for the reporting and 
disclosing of certain final adverse actions taken against health care 
providers, suppliers and practitioners, and for maintaining a data base 
of final adverse actions taken against health care providers, suppliers 
and practitioners. An inadvertent error appeared in the text of the 
regulations concerning when the subject of a report, or a designated 
representative, may dispute the accuracy of the report. As a result, we 
are making a correction to 42 CFR 61.15(a) to assure the technical 
correctness of these regulations.

EFFECTIVE DATE: December 20, 1999.

FOR FURTHER INFORMATION CONTACT: Joel Schaer, (202) 619-0089, OIG 
Regulations Officer.

SUPPLEMENTARY INFORMATION: The HHS Office of Inspector General (OIG) 
issued final regulations on October 26, 1999 (64 FR 57740) that 
established a national health care fraud and abuse data collection 
program--the Healthcare Integrity and Protection Data Bank (HIPDB)--for 
the reporting and disclosing of certain final adverse actions taken 
against health care providers, suppliers and practitioners, and for 
maintaining a data base of final adverse actions taken against health 
care providers, suppliers and practitioners. The final rule established 
a new 45 CFR part 61 to implement the requirements for reporting of 
specific data elements to, and procedures for obtaining information 
from, the HIPDB. In that final rule, an inadvertent error appeared in 
Sec. 61.15 of the regulations and is now being corrected.
    In Sec. 61.15, addressing how to dispute the accuracy of HIPDB 
information, the regulatory language incorrectly indicated that the 
subject of a report, or his her or its designated representative, was 
limited to 60 calendar days from receipt of the report to dispute the 
report's accuracy. The intent of this correction is to clarify that the 
subject or designated representative may amend the report at any period 
in time. As indicated in the preamble of the final rule that outlined 
the procedures for obtaining access to a report, submitting a 
statement, filing a dispute and revising disputed information, the 
Secretary is exempting the HIPDB from the Department's Privacy Act 
regulation requirements (45 CFR part 5b) in order to establish a more 
comprehensive and generous notification, access and correction 
procedure. The inadvertent language did not appear in the preamble or 
in other provisions of the regulations text. To be consistent with the 
preamble and the regulatory provisions of the final rule, we are 
correcting an inadvertent error that appeared in Sec. 61.15(a). In 
addition, we are also clarifying Sec. 61.15(a) by making cross-
reference to the access rights afforded the subject of a report as set 
forth in Sec. 61.12(a)(3).

List of Subjects in 45 CFR Part 61

    Billing and transportation services, Durable medical equipment 
suppliers and manufacturers, Health care insurers, Health maintenance 
organizations, Health professions, Home health care agencies, 
Hospitals, Penalties, Pharmaceutical suppliers and manufacturers, 
Privacy, Reporting and recordkeeping requirements, Skilled nursing 
facilities.
    Accordingly, 45 CFR part 61 is corrected by making the following 
correcting amendment:

PART 61--HEALTHCARE INTEGRITY AND PROTECTION DATA BANK FOR FINAL 
ADVERSE INFORMATION ON HEALTH CARE PROVIDERS, SUPPLIERS AND 
PRACTITIONERS

    1. The authority citation for part 61 continues to read as follows:

    Authority: 42 U.S.C. 1320a-7e.

    2. Section 61.15 is amended by revising paragraph (a) to read as 
follows:


Sec. 61.15  How to dispute the accuracy of Healthcare Integrity and 
Protection Data Bank information.

    (a) Who may dispute the HIPDB information. The HIPDB will routinely 
mail or transmit electronically to the subject a copy of the report 
filed in the HIPDB. In addition, as indicated in Sec. 61.12(a)(3), the 
subject may also request a copy of such report. The subject of the 
report or a designated representative may dispute the accuracy of a 
report concerning himself, herself or itself as set forth in paragraph 
(b) of this section.
* * * * *
    Dated: December 14, 1999.
Joel Schaer,
OIG Regulations Officer.
[FR Doc. 99-32792 Filed 12-17-99; 8:45 am]
BILLING CODE 4152-01-P