[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR60.14]



[Page 147]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 60_NATIONAL PRACTITIONER DATA BANK FOR ADVERSE INFORMATION ON 

PHYSICIANS AND OTHER HEALTH CARE PRACTITIONERS--Table of Contents

 

 Subpart C_Disclosure of Information by the National Practitioner Data 

                                  Bank

 

Sec.  60.14  How to dispute the accuracy of National Practitioner Data Bank 

information.



    (a) Who may dispute National Practitioner Data Bank information. Any 

physician, dentist or other health care practitioner may dispute the 

accuracy of information in the Data Bank concerning himself or herself. 

The Secretary will routinely mail a copy of any report filed in the Data 

Bank to the subject individual.

    (b) Procedures for filing a dispute. A physician, dentist or other 

health care practitioner has 60 days from the date on which the 

Secretary mails the report in question to him or her in which to dispute 

the accuracy of the report. The procedures for disputing a report are:

    (1) Informing the Secretary and the reporting entity, in writing, of 

the disagreement, and the basis for it,

    (2) Requesting simultaneously that the disputed information be 

entered into a ``disputed'' status and be reported to inquirers as being 

in a ``disputed'' status, and

    (3) Attempting to enter into discussion with the reporting entity to 

resolve the dispute.

    (c) Procedures for revising disputed information. (1) If the 

reporting entity revises the information originally submitted to the 

Data Bank, the Secretary will notify all entities to whom reports have 

been sent that the original information has been revised.

    (2) If the reporting entity does not revise the reported 

information, the Secretary will, upon request, review the written 

information submitted by both parties (the physician, dentist or other 

health care practitioner), and the reporting entity. After review, the 

Secretary will either--

    (i) If the Secretary concludes that the information is accurate, 

include a brief statement by the physician, dentist or other health care 

practitioner describing the disagreement concerning the information, and 

an explanation of the basis for the decision that it is accurate, or

    (ii) If the Secretary concludes that the information was incorrect, 

send corrected information to previous inquirers.



(Approved by the Office of Management and Budget under control number 

0915-0126)



[54 FR 42730, Oct. 17, 1989, as amended at 54 FR 43890, Oct. 27, 1989]