[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: 45CFR61.13]



[Page 156-157]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           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 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



[[Page 157]]



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.