[Federal Register Volume 65, Number 43 (Friday, March 3, 2000)]
[Notices]
[Pages 11589-11590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5169]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Inspector General


Healthcare Integrity and Protection Data Bank: Announcement of 
Opening Date for Querying and User Fees

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

ACTION: Notice.

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SUMMARY: In accordance with final regulations implementing the 
Healthcare Integrity and Protection Data Bank (HIPDB) published in the 
Federal Register on October 26, 1999 (64 FR 57740), the Office of 
Inspector General (OIG) is announcing that the data bank will become 
operational for purposes of requesting information (querying) on health 
care practitioners, providers or suppliers, on March 6, 2000. The HIPDB 
had become operational for purposes of reporting information and 
accepting self-queries, as set forth in a Federal Register notice 
published on November 22, 1999 (64 FR 58851). In addition, the 
Department now is exercising its authority to impose a $4 fee for 
queries submitted by authorized entities to query the HIPDB, and a $10 
fee for use of the Interactive Search Capability of the data bank that 
is available to authorized law enforcement agencies. In accordance with 
Sec. 61.13 of the HIPDB final regulations, the HIPDB will assess a fee 
on all requests for information, except requests from Federal agencies.

SUPPLEMENTARY INFORMATION:

1. Opening Date for Querying

    The HIPDB will accept queries from authorized entities, including 
authorized law enforcement agencies, beginning March 6, 2000. To submit 
queries, registered entities must use the HIPDB website at www.npdb-hipdb.com. Specific guidelines for querying also can be found on this 
website.

2. User fee amount

    Section 1128E(d)(2) of the Social Security Act (the Act), as added 
by section 221(a) of the Health Insurance Portability and 
Accountability Act (HIPAA) of 1996, specifically authorizes the 
establishment of fees for the costs of processing requests for 
disclosure and for providing such information, and the final 
regulations at 45 CFR part 61 set forth the criteria and procedures for 
information to be reported to and disclosed by the HIPDB. The Act 
requires that the Department recover the full costs of operating the 
HIPDB through user fees. In determining any changes in the amount of 
the user fee, the Department is employing the criteria set forth in 
Sec. 61.13(b) of the HIPDB regulations.
    Specifically, Sec. 61.13(b) states that the amount of each fee will 
be determined based on the following criteria:
     Direct and indirect personnel costs;
     Physical overhead, consulting, and other indirect costs 
including rent and depreciation on land, buildings and equipment;
     Agency management and supervisory costs;
     Costs of enforcement, research and establishment of 
regulations and guidance;
     Use of electronic data processing equipment to collect and 
maintain information, i.e., the actual cost of the

[[Page 11590]]

service, including computer search time, runs and printouts; and
     Any other direct or indirect costs related to the 
provision of services.
    In conjunction with the opening of the HIPDB for reporting and as 
part of its obligations under the Privacy Act, the Department had 
previously announced a $10 fee for health care practitioners, providers 
or suppliers to self-query (64 FR 58851). Based on the above criteria, 
the Department is now establishing a $4 fee for queries submitted by 
authorized entities and a $10 dollar fee for use of the Interactive 
Search Capability (ISC) available to authorized law enforcement 
agencies. The ISC permits free-form queries that are expressly designed 
to conform to the investigative nature of the request, and that 
typically contain significantly less identifying information than the 
standard structured queries available to non-law enforcement entities. 
The ISC involves far more data processing and greater cost per request. 
This additional cost is the result of the need to use an iterative, 
interactive algorithm to narrow a result to one appropriate record from 
an initial return of up to 100 records.
    When an authorized entity query is submitted for information on one 
or more health care practitioners, providers or suppliers, the 
appropriate total fee will be $4 multiplied by the number of 
individuals or organizations about whom information is being requested. 
When an authorized law enforcement agency uses the ISC to obtain 
information on an individual or entity, the cost will be $10 for each 
individual or entity that the authorized law enforcement agency enters 
into the ISC.
    In order to minimize administrative costs, the Department will 
accept queries submitted by authorized entities and authorized law 
enforcement agencies by credit card or electronic funds transfer. This 
fee is effective beginning March 6, 2000. The Department will continue 
to accept payment for self-queries only by credit card. The HIPDB 
accepts Visa, MasterCard, and Discover. To submit queries, registered 
entities (including law enforcement agencies) must use the HIPDB 
website at www.npdb-hipdb.com.
    The Department will continue to review the user fee periodically, 
and will revise it as necessary. Any changes in the fee and its 
effective date will be announced through notice in the Federal 
Register.

    Dated: February 23, 2000.
June Gibbs Brown,
Inspector General.
[FR Doc. 00-5169 Filed 3-2-00; 8:45 am]
BILLING CODE 4152-01-U