[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Notices]
[Pages 10227-10228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3974]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


National Practitioner Data Bank; Announcement of Proactive 
Disclosure Service (PDS) Opening Date and User Fees

AGENCY: Health Resources and Services Administration, HHS.

ACTION: Notice.

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SUMMARY: The Health Resources and Services Administration (HRSA), 
Department of Health and Human Services (HHS), is announcing the 
implementation of a Proactive Disclosure Service (PDS) Prototype. The 
PDS is being offered as an alternative to the periodic querying of the 
National Practitioner Data Bank (NPDB). It was developed in response to 
the growing interest of healthcare entities in on-going monitoring of 
practitioner credentials.
    Authorized Data Bank entities can choose to enroll all of their 
practitioners in PDS or enroll some practitioners while continuing to 
periodically query on others using the regular query methods. The query 
fee for periodic queries remains $4.75 per name. Entities with PDS 
enrolled practitioners will be notified within one business day of the 
NPDB's receipt of a report on any of their enrollees. While entities 
can expect to receive reports sooner with PDS, the format of and the 
information contained in a report, as well as the information required 
to be reported will remain the same. Initially, the PDS is being 
offered as a prototype. The annual subscription fee, during the 
prototype period, is $3.25 per practitioner. This rate is subject to 
change after the prototype period is complete.

DATES: This fee will be effective April 30, 2007.

FOR FURTHER INFORMATION CONTACT: Mark Pincus, Branch Chief, 
Practitioner Data Banks Branch, Office of Workforce Evaluation and 
Quality Assurance, Bureau of Health Professions, Health Resources and 
Services Administration, Parklawn Building, Rm 8C-103, 5600 Fishers 
Lane, Rockville, MD 20857, Tel: 301-443-2300, E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

1. PDS Enrollment Availability

    The PDS prototype will be available April 30, 2007. An invitation 
to enroll practitioners in the prototype has been extended first to 
organizations that assisted HRSA with designing and pricing, which 
occurred between 2003 and 2005. All NPDB registered entities have been 
invited to enroll their practitioners to meet a predetermined number 
for enrollees. Once this number is achieved, enrollment in the 
prototype will close. It is anticipated that the PDS prototype period 
will last approximately 18 to 24 months before it is opened to all 
authorized Data Bank entities.

2. User Fee Amount

    The NPDB 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 related to receiving 
and disclosing information.

[[Page 10228]]

    Final regulations at 45 CFR part 60 set forth these criteria and 
procedures for information to be reported to and disclosed by the NPDB. 
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 section 60.12(b) of the 
regulations. The Department must 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:
    a. 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,
    b. 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,
    c. Postage--actual cost, and
    d. Sending information by special methods requested by the 
applicant, such as express mail or electronic transfer--the actual cost 
of the special service.''
    An annual subscription fee of $3.25 per practitioner will be 
charged upon enrollment. This fee includes the cost of an initial 
query, which automatically occurs when a practitioner is first 
enrolled, and all reports received on the enrolled practitioner over 
the course of the subscription period of 1 year. The fee was determined 
through economic analysis of the average annual rate of queries 
performed by health care entities in relationship to the current query 
fee that is based on the actual cost for services. The Department will 
accept payment for the subscription fee from entities via credit card 
or electronic funds transfer. When the prototype period concludes, the 
Department may change the subscription fee. Any changes will be 
announced through notice in the Federal Register.
    The periodic query fee remains at $4.75 per name. The practitioner 
self-query fee remains at $8.00. Currently when a periodic query is on 
one or more physicians, dentists or other health care practitioners, 
the appropriate fee will be $4.75 multiplied by the number of 
individuals about whom the information is requested. Similarly, when a 
PDS prototype participating entity enrolls one or more physicians, 
dentists or other health care practitioners, the appropriate fee will 
be $3.25 multiplied by the number of individuals whom are enrolled. An 
individual practitioner may not enroll in PDS. For examples, see the 
tables below.

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                                 Fee per
    Periodic query method        name in              Examples
                                  query
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Entity query (via) internet          $4.75  10 names in query.
 with electronic payment.                   10 x $4.75 = $47.50.
Practitioner Self-query......         8.00  One self-query = $8.00.
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Proactive disclosure service  Fee per name
     (PDS) query method         enrolled              Examples
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Entity query (via) internet         $3.25   10 names in query.
 with electronic payment.                   10 x $3.25 = $32.50.
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    Dated: March 1, 2007.
Elizabeth M. Duke,
Administrator.
[FR Doc. E7-3974 Filed 3-6-07; 8:45 am]
BILLING CODE 4165-15-P