[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR61.15]

[Page 170-171]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 61_HEALTHCARE INTEGRITY AND PROTECTION DATA BANK FOR FINAL 
ADVERSE INFORMATION ON HEALTH CARE PROVIDERS, SUPPLIERS
 
  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 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

[[Page 171]]

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]