[Federal Register Volume 68, Number 77 (Tuesday, April 22, 2003)]
[Notices]
[Pages 19838-19839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9873]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Inspector General


Healthcare Integrity and Protection Data Bank: Change in User 
Fees

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

ACTION: Notice.

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SUMMARY: In accordance with final regulations at 45 CFR part 61, 
implementing the Healthcare Integrity and Protection Data Bank (HIPDB), 
the department is authorized to assess a fee on all requests for 
information, except requests from Federal agencies. In accordance with 
Sec.  61.13 of the HIPDB regulations, the department is announcing an 
adjustment from $5 to $4.25 in the fee charged for each query submitted 
by authorized entities to access the data bank. There will be no change 
to the current $10 self-query fee.

EFFECTIVE DATE: July 1, 2003.

FOR FURTHER INFORMATION CONTACT: Joel Schaer, Office of Counsel to the 
Inspector General, (202) 619-0089.

SUPPLEMENTARY INFORMATION:

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 information from the Healthcare Integrity 
and Protection Data Bank (HIPDB). 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 also requires that the department 
recover the full costs of operating the HIPDB through such user fees. 
In determining any changes in the amount of the user fee, the 
department employs 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:
    [sbull] Direct and indirect personnel costs;
    [sbull] Physical overhead, consulting, and other indirect costs 
including rent and depreciation on land, buildings and equipment;
    [sbull] Agency management and supervisory costs;
    [sbull] Costs of enforcement, research and establishment of 
regulations and guidance;
    [sbull] Use of electronic data processing equipment to collect and 
maintain information, i.e., the actual cost of the service, including 
computer search time, runs and printouts; and
    [sbull] Any other direct or indirect costs related to the provision 
of services.
    The current fee structure of $5 for each separate query submitted 
by authorized entities was announced in a Federal Register notice on 
June 11, 2001 (66 FR 31245), and became effective on October 1, 2001. 
Based on the above criteria and our analysis of operational costs and 
the comparative costs of the various methods for filing and paying for 
queries, the department is now lowering the fee by 75 cents for each 
query submitted by authorized entities--from $5 to $4.25.\1\
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    \1\ As part of its obligations under the Privacy Act, the 
department previously announced a $10 fee for health care 
practitioners, providers or suppliers to self-query (64 FR 58851; 
November 1, 1999). The practitioner self-query fee will continue to 
remain at $10.
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    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 $4.25 multiplied by the number of 
individuals or organizations about whom information is being requested.
    In order to minimize administrative costs, the department will 
accept queries submitted by authorized entities by credit card or 
electronic funds transfer. 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 Web site at 
www.npdb-hipdb.com.
    The department will continue to review the user fee periodically, 
and will revise it as necessary. Any future changes in the fee and its 
effective date will be announced through notice in the Federal 
Register.

Examples

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                                  Fee per name
                                  in query, by
          Query method              method of            Examples
                                     payment
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Authorized Entity query........           $4.25  10 names in query: 10 x
                                                  $4.25 = $42.50.
Self-query.....................          $10.00  10 self-queries: 10 x
                                                  10 = $100.
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[[Page 19839]]

    Dated: March 27, 2003.
Dennis J. Duquette,
Acting Principal Deputy Inspector General.
[FR Doc. 03-9873 Filed 4-21-03; 8:45 am]
BILLING CODE 4152-01-P