[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR61.9]

[Page 141-142]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 61--HEALTHCARE INTEGRITY AND PROTECTION DATA BANK FOR FINAL ADVERSE INFORMATION ON HEALTH CARE PROVIDERS, SUPPLIERS AND PRACTITIONERS--Table of Contents
 
                   Subpart B--Reporting of Information
 
Sec. 61.9  Reporting civil judgments related to the delivery of a health care item or service.

    (a) Who must report. Federal and State attorneys and health plans 
must report civil judgments against health care providers, suppliers, or 
practitioners related to the delivery of a health care item or service 
(regardless of whether the civil judgment is the subject of a pending 
appeal). If a Government agency is party to a multi-claimant civil 
judgment, it must assume the responsibility for reporting the entire 
action, including all amounts awarded to all the claimants, both public 
and private. If there is no Government agency as a party, but there are 
multiple health plans as claimants, the health plan which receives the 
largest award must be responsible for reporting the total action for all 
parties.
    (b) Entities described in paragraph (a) of this section must report 
the information as required in Sec. 61.8(b).
    (c) Entities described in paragraph (a) of this section should 
report, if known the information as described in Sec. 61.8(c).
    (d) Sanctions for failure to report. Any health plan that fails to 
report information on a civil judgment required to be reported under 
this section will be

[[Page 142]]

subject to a civil money penalty (CMP) of not more than $25,000 for each 
such adverse action not reported. Such penalty will be imposed and 
collected in the same manner as CMPs under subsection (a) of section 
1128A of the Act. The Secretary will provide for publication of a public 
report that identifies those Government agencies that have failed to 
report information on civil judgments as required to be reported under 
this section.