[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Notices]
[Pages 65834-65837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22953]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Agency Information Collection Activities: Proposed Collection: 
Public Comment Request; Information Collection Request Title: National 
Practitioner Data Bank for Adverse Information on Physicians and Other 
Health Care Practitioners--45 CFR Part 60 Regulations and Forms, OMB 
No. 0915-0126--Revision

AGENCY: Health Resources and Services Administration (HRSA), Department 
of Health and Human Services.

ACTION: Notice.

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SUMMARY: In compliance with the requirement for opportunity for public 
comment on proposed data collection projects of the Paperwork Reduction 
Act of 1995, HRSA announces plans to submit an Information Collection 
Request (ICR), described below, to the Office of Management and Budget 
(OMB). Prior to submitting the ICR to OMB, HRSA seeks comments from the 
public regarding the burden estimate, below, or any other aspect of the 
ICR.

DATES: Comments on this ICR should be received no later than December 
15, 2020.

ADDRESSES: Submit your comments to [email protected] or mail the HRSA 
Information Collection Clearance Officer, Room 14N136B, 5600 Fishers 
Lane, Rockville, Maryland 20857.

FOR FURTHER INFORMATION CONTACT: To request more information on the 
proposed project or to obtain a copy of the data collection plans and 
draft instruments, email [email protected] or call Lisa Wright-
Solomon, the HRSA Information Collection Clearance Officer at (301) 
443-1984.

SUPPLEMENTARY INFORMATION: When submitting comments or requesting

[[Page 65835]]

information, please include the ICR title for reference.
    Information Collection Request Title: National Practitioner Data 
Bank for Adverse Information on Physicians and Other Health Care 
Practitioners--45 CFR part 60 Regulations and Forms, OMB No. 0915-
0126--Revision.
    Abstract: This is a request for OMB's approval for a revision to 
the information collection contained in regulations found at 45 CFR 
part 60 governing the National Practitioner Data Bank (NPDB) and the 
forms to be used in registering with, reporting information to, and 
requesting information from the NPDB. Administrative forms are also 
included to aid in monitoring compliance with Federal reporting and 
querying requirements. Responsibility for NPDB implementation and 
operation resides in HRSA's Bureau of Health Workforce. The intent of 
the NPDB is to improve the quality of health care by encouraging 
entities such as hospitals, State licensing boards, professional 
societies, and other eligible entities \1\ providing health care 
services to identify and discipline those who engage in unprofessional 
behavior, and to restrict the ability of incompetent health care 
practitioners, providers, or suppliers to move from state to state 
without disclosure or discovery of previous damaging or incompetent 
performance. It also serves as a fraud and abuse clearinghouse for the 
reporting and disclosing of certain final adverse actions (excluding 
settlements in which no findings of liability have been made) taken 
against health care practitioners, providers, or suppliers by health 
plans, Federal agencies, and State agencies. Users of the NPDB include 
reporters (entities that are required to submit reports) and queriers 
(entities and individuals that are authorized to request for 
information).
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    \1\ ``Other eligible entities'' that participate in the NPDB are 
defined in the provisions of Title IV, Section 1921, Section 1128E, 
and implementing regulations. In addition, a few federal agencies 
also participate with the NPDB through federal memorandums of 
understanding. Eligible entities are responsible for complying with 
all reporting and/or querying requirements that apply; some entities 
may qualify as more than one type of eligible entity. Each eligible 
entity must certify its eligibility in order to report to the NPDB, 
query the NPDB, or both. Information from the NPDB is available only 
to those entities specified as eligible in the statutes and 
regulations. Not all entities have the same reporting requirements 
or level of query access.
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    The reporting forms, request for information forms (query forms), 
and administrative forms (used to monitor compliance) are accessed, 
completed, and submitted to the NPDB electronically through the NPDB 
website at https://www.npdb.hrsa.gov/. All reporting and querying is 
performed through the secure portal of this website.
    This revision proposes changes to improve overall data integrity. 
In addition, this revision contains the four NPDB forms that were 
originally approved in the ``National Practitioner Data Bank (NPDB) 
Attestation of Reports by Hospitals, Medical Malpractice Payers, Health 
Plans, and Certain Other Health Care Entities, OMB No. 0906-0028'' 
which will be discontinued upon approval of this ICR.
    Need and Proposed Use of the Information: The NPDB acts primarily 
as a flagging system; its principal purpose is to facilitate 
comprehensive review of practitioners' professional credentials and 
background. Information is collected from, and disseminated to, 
eligible entities (entities that are entitled to query and/or report to 
the NPDB as authorized in Title 45 CFR part 60 of the Code of Federal 
Regulations) on the following: (1) Medical malpractice payments, (2) 
licensure actions taken by Boards of Medical Examiners, (3) State 
licensure and certification actions, (4) Federal licensure and 
certification actions, (5) negative actions or findings taken by peer 
review organizations or private accreditation entities, (6) adverse 
actions taken against clinical privileges, (7) Federal or State 
criminal convictions related to the delivery of a health care item or 
service, (8) civil judgments related to the delivery of a health care 
item or service, (9) exclusions from participation in Federal or State 
health care programs, and (10) other adjudicated actions or decisions. 
It is intended that NPDB information should be considered with other 
relevant information in evaluating credentials of health care 
practitioners, providers, and suppliers.
    Likely Respondents: Eligible entities or individuals that are 
entitled to query and/or report to the NPDB as authorized in 
regulations found at 45 CFR part 60.
    Burden Statement: Burden in this context means the time expended by 
persons to generate, maintain, retain, disclose, or provide the 
information requested. This includes the time needed to review 
instructions; to develop, acquire, install, and utilize technology and 
systems for the purpose of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing and 
providing information; to train personnel and to be able to respond to 
a collection of information; to search data sources; to complete and 
review the collection of information; and to transmit or otherwise 
disclose the information. The total annual burden hours estimated for 
this ICR are summarized in the table below.

                                                         Total Estimated Annualized Burden Hours
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                                                                                                                              Average
                                                                             Number of       Number of         Total        burden per     Total burden
          Regulation citation                       Form name               respondents    responses per     responses     response  (in       hours
                                                                                            respondent                        hours)       (rounded up)
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Sec.   60.6: Reporting errors,           Correction, Revision-to-Action,          11,918               1          11,918             .25           2,980
 omissions, revisions or whether an       Void, Notice of Appeal
 action is on appeal..                    (manual).
                                         Correction, Revision-to-Action,          18,301               1          18,301           .0003               5
                                          Void, Notice of Appeal
                                          (automated).
Sec.   60.7: Reporting medical           Medical Malpractice Payment              11,481               1          11,481             .75           8,611
 malpractice payments.                    (manual).
                                         Medical Malpractice Payment                 296               1             296           .0003               1
                                          (automated).

[[Page 65836]]

 
Sec.   60.8: Reporting licensure         State Licensure or                       19,749               1          19,749             .75          14,812
 actions taken by Boards of Medical       Certification (manual).
 Examiners.
Sec.   60.9: Reporting licensure and     State Licensure or                       17,189               1          17,189           .0003               5
 certification actions taken by States.   Certification (automated).
Sec.   60.10: Reporting Federal          DEA/Federal Licensure..........             600               1             600             .75             450
 licensure and certification actions..
Sec.   60.11: Reporting negative         Peer Review Organization.......              10               1              10             .75               8
 actions or findings taken by peer
 review organizations or private
 accreditation entities.
                                         Accreditation..................              10               1              10             .75               8
Sec.   60.12: Reporting adverse actions  Title IV Clinical Privileges                978               1             978             .75             734
 taken against clinical privileges.       Actions.
                                         Professional Society...........              41               1              41             .75              31
Sec.   60.13: Reporting Federal or       Criminal Conviction (Guilty               1,174               1           1,174             .75             881
 State criminal convictions related to    Plea or Trial) (manual).
 the delivery of a health care item or
 service.
                                         Criminal Conviction (Guilty                 683               1             683           .0003               1
                                          Plea or Trial) (automated).
                                         Deferred Conviction or Pre-                  70               1              70             .75              53
                                          Trial Diversion.
                                         Nolo Contendere (no contest                 127               1             127             .75              95
                                          plea).
                                         Injunction.....................              10               1              10             .75               8
Sec.   60.14: Reporting civil judgments  Civil Judgment.................               9               1               9             .75               7
 related to the delivery of a health
 care item or service.
Sec.   60.15: Reporting exclusions from  Exclusion or Debarment (manual)           1,707               1           1,707             .75           1,280
 participation in Federal or State
 health care programs.
                                         Exclusion or Debarment                    2,506               1           2,506           .0003               1
                                          (automated).
Sec.   60.16: Reporting other            Government Administrative                 1,750               1           1,750             .75           1,313
 adjudicated actions or decisions.        (manual).
                                         Government Administrative                    39               1              39           .0003               1
                                          (automated).
                                         Health Plan Action.............             488               1             488             .75             366
Sec.   60.17 Information which           One-Time Query for an                 1,958,176               1       1,958,176             .08         156,654
 hospitals must request from the          Individual (manual).
 National Practitioner Data Bank.
Sec.   60.18 Requesting Information      One-Time Query for an                 3,349,778               1       3,349,778           .0003           1,005
 from the NPDB.                           Individual (automated).
                                         One-Time Query for an                    50,681               1          50,681             .08           4,054
                                          Organization (manual).
                                         One-Time Query for an                    25,610               1          25,610           .0003               8
                                          Organization (automated).
                                         Self-Query on an Individual....         168,557               1         168,557             .42          70,794
                                         Self-Query on an Organization..           1,059               1           1,059             .42             445
                                         Continuous Query (manual)......         806,971               1         806,971             .08          64,558

[[Page 65837]]

 
                                         Continuous Query (automated)...         619,001               1         619,001           .0003             186
Sec.   60.21: How to dispute the         Subject Statement and Dispute..           3,264               1           3,264             .75           2,448
 accuracy of NPDB information.
                                         Request for Dispute Resolution.              74               1              74               8             592
Administrative.........................  Entity Registration (Initial)..           3,484               1           3,484               1           3,484
                                         Entity Registration (Renewal &           13,245               1          13,245             .25           3,311
                                          Update).
                                         State Licensing Board Data                   60               1              60            10.5             630
                                          Request.
                                         State Licensing Board                       325               1             325               1             325
                                          Attestation.
                                         Authorized Agent Attestation...             350               1             350               1             350
                                         Health Center Attestation......             722               1             722               1             722
                                         Hospital Attestation...........           3,416               1           3,416               1           3,416
                                         Medical Malpractice Payer, Peer             274               1             274               1             274
                                          Review Organization, or
                                          Private Accreditation
                                          Organization Attestation.
                                         Other Eligible Entity                     1,884               1           1,884               1           1,884
                                          Attestation.
                                         Corrective Action Plan (Entity)              10               1              10             .08               1
                                         Reconciling Missing Actions....           1,491               1           1,491             .08             119
                                         Agent Registration (Initial)...              44               1              44               1              44
                                         Agent Registration (Renewal &               304               1             304             .08              24
                                          Update).
                                         Electronic Funds Transfer (EFT)             644               1             644             .08              52
                                          Authorization.
                                         Authorized Agent Designation...             183               1             183             .25              46
                                         Account Discrepancy............              85               1              85             .25              21
                                         New Administrator Request......             600               1             600             .08              48
                                         Purchase Query Credits.........           1,786               1            1786             .08             143
                                         Education Request..............              40               1              40             .08               3
                                         Account Balance Transfer.......              10               1              10             .08               1
                                         Missing Report From Query Form.              10               1              10             .08               1
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    Total..............................  ...............................       7,101,274  ..............       7,101,274  ..............         347,294
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    HRSA specifically requests comments on (1) the necessity and 
utility of the proposed information collection for the proper 
performance of the agency's functions, (2) the accuracy of the 
estimated burden, (3) ways to enhance the quality, utility, and clarity 
of the information to be collected, and (4) the use of automated 
collection techniques or other forms of information technology to 
minimize the information collection burden.

Maria G. Button,
Director, Executive Secretariat.
[FR Doc. 2020-22953 Filed 10-15-20; 8:45 am]
BILLING CODE 4165-15-P