98-2637. National Practitioner Data Bank; Change in User Fee and Elimination of Diskette Queries  

  • [Federal Register Volume 63, Number 23 (Wednesday, February 4, 1998)]
    [Notices]
    [Pages 5811-5812]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-2637]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Health Resources and Services Administration
    
    
    National Practitioner Data Bank; Change in User Fee and 
    Elimination of Diskette Queries
    
        The Health Resources and Services Administration (HRSA), Department 
    of Health and Human Services (DHHS), is announcing a one dollar 
    increase in the fee charged to entities authorized to request 
    information from the National Practitioner Data Bank (Data Bank) for 
    all queries. Concurrently, HRSA is announcing that the Data Bank will 
    no longer accept queries submitted via diskette.
        The current fee structure was announced in the Federal Register on 
    January 21, 1997 (62 FR 3048). The user fee is $3.00 per name per query 
    fee for queries submitted via telecommunications network and paid via 
    an electronic funds transfer or credit card, with query response sent 
    via the telecommunications network. A three dollar surcharge is applied 
    when queries are submitted electronically on a diskette to pay for the 
    extra handling and mailing costs for these queries. An additional $4.00 
    is charged for all queries which are paid for by check or money order 
    rather than by electronic funds transfer or credit card to cover the 
    cost of debt management.
        The Data Bank 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 requests for 
    disclosure and of providing such information.
        Final regulations at 45 CFR part 60 set forth the criteria and 
    procedures for information to be reported to and disclosed by the Data 
    Bank. 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 Sec. 60.12 (b) of the 
    regulations, as well as allowable costs pursuant to the DHHS 
    Appropriations Act of 1998, P.L. 105-78, enacted November 13, 1997. 
    This Act requires that the Department 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:
        (1) 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,
        (2) 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,
        (3) Postage--actual cost, and
        (4) Sending information by special methods requested by the 
    applicant, such as express mail or electronic transfer--the actual 
    cost of the special service.
    
        Based on analysis of the comparative costs of the various methods 
    for filing and paying for queries, the Department is raising all query 
    fees by $1.00 per name. This price increase is necessitated by 
    increased labor costs and escalating costs for the Data Bank's 
    telecommunications network and data transmission services.
        Despite the one dollar increase, electronic querying 
    (telecommunications network) and electronic payment continue to be the 
    most cost-effective methods for requesting information from the Data 
    Bank. The new fee for electronic queries (telecommunications network) 
    with electronic payment will be $4.00. The fee for querying the Data 
    Bank by telecommunications network and non-electronic payment will be 
    $8.00. This change is effective April 1, 1998.
        When a query is for information on one or more physicians, 
    dentists, or other health care practitioners, the appropriate total fee 
    will be $4.00 (plus a $4.00 surcharge for submission and payment as 
    described above) multiplied by the number of individuals about whom 
    information is being requested. For examples, see the table below.
        Additionally, due to the continuing decrease in the number of 
    queries submitted via diskette and the wider availability of the 
    telecommunications network, the Department is discontinuing its support 
    for the diskette option. Fewer than 2% of queries are currently 
    submitted via diskette. Therefore, the Department has determined that 
    it is no longer cost-efficient for the Data Bank to accept for 
    processing queries submitted via diskette. The Department recognizes 
    that a few entities may have technical difficulties, the remedies for 
    which may be beyond their control, that preclude successful 
    transmission via the telecommunications network. The Data Bank will 
    attempt to work out appropriate accommodations with these entities. 
    Entities experiencing difficulties submitting queries via the 
    telecommunications network should contact the Data Bank Helpline at 1-
    800-767-6732 for assistance.
    
    [[Page 5812]]
    
        The Department will continue to review the user fee periodically, 
    and will revise it as necessary. Any changes in the fee and their 
    effective date will be announced in the Federal Register.
    
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                                       Fee per name in query, by                                                    
             Query method                  method of payment                             Examples                   
    ----------------------------------------------------------------------------------------------------------------
    Electronic query                $4.00 (if paid electronically    10 names in query. 10 x $4=$40.00.             
     (Telecommunications network)    via credit card or other                                                       
     with electronic payment.        electronic means and response                                                  
                                     received electronically).                                                      
    Electronic query                $8.00 (if not paid via credit    10 names in query. 10 x $8=$80.00.             
     (Telecommunications network)    card or other electronic                                                       
     with non-electronic payment.    means) ($4.00 fee plus $4.00                                                   
                                     surcharge).                                                                    
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        Dated: January 28, 1998.
    Claude Earl Fox,
    Acting Administrator.
    [FR Doc. 98-2637 Filed 2-3-98; 8:45 am]
    BILLING CODE 4160-15-P
    
    
    

Document Information

Published:
02/04/1998
Department:
Health Resources and Services Administration
Entry Type:
Notice
Document Number:
98-2637
Pages:
5811-5812 (2 pages)
PDF File:
98-2637.pdf