[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: 45CFR61.15]



[Page 157-158]

 

                        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.  61.15  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.

    (b) Procedures for disputing a report with the reporting entity. If 

the subject disagrees with the reported information, the subject must 

request in writing that the HIPDB enter the report into ``disputed 

status.''

    (2) The HIPDB will send the report, with a notation that the report 

has been placed in ``disputed status,'' to queriers (where 

identifiable), the reporting entity and the subject of the report.

    (3) The subject must attempt to enter into discussion with the 

reporting entity to resolve the dispute. If the reporting entity revises 

the information originally submitted to the HIPDB, the HIPDB will notify 

the subject and all entities to whom reports have been sent that the 

original information has been revised. If the reporting entity does not 

revise the reported information, or does not respond to the subject 

within 60 days, the subject may request that the Secretary review the 

report for accuracy. The Secretary will decide whether to correct the 

report within 30 days of the request. This time frame may be extended 

for good cause. The subject also may provide a statement to the HIPDB, 

either directly or through a designated representative, that will 

permanently append the report.

    (c) Procedures for requesting a Secretarial review. The subject must 

request, in writing, that the Secretary of the



[[Page 158]]



Department review the report for accuracy. The subject must return this 

request to the HIPDB along with appropriate materials that support the 

subject's position. The Secretary will only review the accuracy of the 

reported information, and will not consider the merits or 

appropriateness of the action or the due process that the subject 

received.

    (2) After the review, if the Secretary--

    (i) Concludes that the information is accurate and reportable to the 

HIPDB, the Secretary will inform the subject and the HIPDB of the 

determination. The Secretary will include a brief statement (Secretarial 

Statement) in the report that describes the basis for the decision. The 

report will be removed from ``disputed status.'' The HIPDB will 

distribute the corrected report and statement(s) to previous queriers 

(where identifiable), the reporting entity and the subject of the 

report.

    (ii) Concludes that the information contained in the report is 

inaccurate, the Secretary will inform the subject of the determination 

and direct the HIPDB or the reporting entity to revise the report. The 

Secretary will include a brief statement (Secretarial Statement) in the 

report describing the findings. The HIPDB will distribute the corrected 

report and statement (s) to previous queriers (where identifiable), the 

reporting entity and the subject of the report.

    (iii) Determines that the disputed issues are outside the scope of 

the Department's review, the Secretary will inform the subject and the 

HIPDB of the determination. The Secretary will include a brief statement 

(Secretarial Statement) in the report describing the findings. The 

report will be removed from ``disputed status.'' The HIPDB will 

distribute the report and the statement(s) to previous queriers (where 

identifiable), the reporting entity and the subject of the report.

    (iv) Determines that the adverse action was not reportable and 

therefore should be removed from the HIPDB, the Secretary will inform 

the subject and direct the HIPDB to void the report. The HIPDB will 

distribute a notice to previous queriers (where identifiable), the 

reporting entity and the subject of the report that the report has been 

voided.



[64 FR 57758, Oct. 26, 1999, as amended at 64 FR 71041, Dec. 20, 1999]