[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Rules and Regulations]
[Page 71041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32792]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Office of Inspector General
45 CFR Part 61
RIN 0906-AA46
Health Care Fraud and Abuse Data Collection Program: Reporting of
Final Adverse Actions; Correction
AGENCY: Office of Inspector General (OIG), HHS.
ACTION: Final rule; correction amendment.
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SUMMARY: This document contains a correction to the final regulations
which were published in the Federal Register on Tuesday, October 26,
1999 (64 FR 57740). These regulations established a national health
care fraud and abuse data collection program for the reporting and
disclosing of certain final adverse actions taken against health care
providers, suppliers and practitioners, and for maintaining a data base
of final adverse actions taken against health care providers, suppliers
and practitioners. An inadvertent error appeared in the text of the
regulations concerning when the subject of a report, or a designated
representative, may dispute the accuracy of the report. As a result, we
are making a correction to 42 CFR 61.15(a) to assure the technical
correctness of these regulations.
EFFECTIVE DATE: December 20, 1999.
FOR FURTHER INFORMATION CONTACT: Joel Schaer, (202) 619-0089, OIG
Regulations Officer.
SUPPLEMENTARY INFORMATION: The HHS Office of Inspector General (OIG)
issued final regulations on October 26, 1999 (64 FR 57740) that
established a national health care fraud and abuse data collection
program--the Healthcare Integrity and Protection Data Bank (HIPDB)--for
the reporting and disclosing of certain final adverse actions taken
against health care providers, suppliers and practitioners, and for
maintaining a data base of final adverse actions taken against health
care providers, suppliers and practitioners. The final rule established
a new 45 CFR part 61 to implement the requirements for reporting of
specific data elements to, and procedures for obtaining information
from, the HIPDB. In that final rule, an inadvertent error appeared in
Sec. 61.15 of the regulations and is now being corrected.
In Sec. 61.15, addressing how to dispute the accuracy of HIPDB
information, the regulatory language incorrectly indicated that the
subject of a report, or his her or its designated representative, was
limited to 60 calendar days from receipt of the report to dispute the
report's accuracy. The intent of this correction is to clarify that the
subject or designated representative may amend the report at any period
in time. As indicated in the preamble of the final rule that outlined
the procedures for obtaining access to a report, submitting a
statement, filing a dispute and revising disputed information, the
Secretary is exempting the HIPDB from the Department's Privacy Act
regulation requirements (45 CFR part 5b) in order to establish a more
comprehensive and generous notification, access and correction
procedure. The inadvertent language did not appear in the preamble or
in other provisions of the regulations text. To be consistent with the
preamble and the regulatory provisions of the final rule, we are
correcting an inadvertent error that appeared in Sec. 61.15(a). In
addition, we are also clarifying Sec. 61.15(a) by making cross-
reference to the access rights afforded the subject of a report as set
forth in Sec. 61.12(a)(3).
List of Subjects in 45 CFR Part 61
Billing and transportation services, Durable medical equipment
suppliers and manufacturers, Health care insurers, Health maintenance
organizations, Health professions, Home health care agencies,
Hospitals, Penalties, Pharmaceutical suppliers and manufacturers,
Privacy, Reporting and recordkeeping requirements, Skilled nursing
facilities.
Accordingly, 45 CFR part 61 is corrected by making the following
correcting amendment:
PART 61--HEALTHCARE INTEGRITY AND PROTECTION DATA BANK FOR FINAL
ADVERSE INFORMATION ON HEALTH CARE PROVIDERS, SUPPLIERS AND
PRACTITIONERS
1. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 1320a-7e.
2. Section 61.15 is amended by revising paragraph (a) to read as
follows:
Sec. 61.15 How to dispute the accuracy of Healthcare Integrity and
Protection Data Bank information.
(a) Who may dispute the HIPDB information. The HIPDB will routinely
mail or transmit electronically to the subject a copy of the report
filed in the HIPDB. In addition, as indicated in Sec. 61.12(a)(3), the
subject may also request a copy of such report. The subject of the
report or a designated representative may dispute the accuracy of a
report concerning himself, herself or itself as set forth in paragraph
(b) of this section.
* * * * *
Dated: December 14, 1999.
Joel Schaer,
OIG Regulations Officer.
[FR Doc. 99-32792 Filed 12-17-99; 8:45 am]
BILLING CODE 4152-01-P
