[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: 45CFR61.9]



[Page 154]

 

                        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 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 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.