[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR61.13]

[Page 151]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
  Subpart C--Disclosure of Information by the Healthcare Integrity and 
                          Protection Data Bank
 
Sec. 61.13  Fees applicable to requests for information.

    (a) Policy on fees. The fees described in this section apply to all 
requests for information from the HIPDB, except requests from Federal 
agencies. However, for purposes of verification and dispute resolution 
at the time the report is accepted, the HIPDB will provide a copy--at 
the time a report has been submitted automatically, without a request 
and free of charge--of every report to the health care provider, 
supplier or practitioner who is the subject of the report. For the same 
purpose, the Department will provide a copy of the report--at the time a 
report has been submitted automatically, without a request and free of 
charge--to the reporter that submitted it. The fees are authorized by 
section 1128E(d)(2) of the Act, and they reflect the full costs of 
operating the database. The actual fees will be announced by the 
Secretary in periodic notices in the Federal Register.
    (b) Criteria for determining the fee. The amount of each fee will be 
determined based on the following criteria --
    (1) Direct and indirect personnel costs;
    (2) Physical overhead, consulting, and other indirect costs 
including rent and depreciation on land, buildings and equipment;
    (3) Agency management and supervisory costs;
    (4) Costs of enforcement, research and establishment of regulations 
and guidance;
    (5) Use of electronic data processing equipment to collect and 
maintain information--the actual cost of the service, including computer 
search time, runs and printouts; and
    (6) Any other direct or indirect costs related to the provision of 
services.
    (c) Assessing and collecting fees. The Secretary will announce 
through periodic notice in the Federal Register the method of payment of 
fees. In determining these methods, the Secretary will consider 
efficiency, effectiveness and convenience for users and for the 
Department. Methods may include credit card, electronic funds transfer 
and other methods of electronic payment.