[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Notices]
[Pages 57118-57120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17987]



[[Page 57118]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Agency Information Collection Activities: Proposed Collection: 
Public Comment Request Information Collection Request Title: National 
Practitioner Data Bank for Adverse Information on Physicians and Other 
Health Care Practitioners

AGENCY: Health Resources and Services Administration (HRSA), Department 
of Health and Human Services.

ACTION: Notice.

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SUMMARY: In compliance with the requirement for opportunity for public 
comment on proposed data collection projects of the Paperwork Reduction 
Act of 1995, HRSA announces plans to submit an Information Collection 
Request (ICR), described below, to the Office of Management and Budget 
(OMB). Prior to submitting the ICR to OMB, HRSA seeks comments from the 
public regarding the burden estimate, below, or any other aspect of the 
ICR.

DATES: Comments on this ICR should be received no later than October 
23, 2023.

ADDRESSES: Submit your comments to <a href="/cdn-cgi/l/email-protection#2a5a4b5a4f585d4558416a4258594b044d455c"><span class="__cf_email__" data-cfemail="afdfcedfcaddd8c0ddc4efc7dddcce81c8c0d9">[email protected]</span></a> or mail the HRSA 
Information Collection Clearance Officer, Room 14N136B, 5600 Fishers 
Lane, Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT: To request more information on the 
proposed project or to obtain a copy of the data collection plans and 
draft instruments, email <a href="/cdn-cgi/l/email-protection#96e6f7e6f3e4e1f9e4fdd6fee4e5f7b8f1f9e0"><span class="__cf_email__" data-cfemail="c0b0a1b0a5b2b7afb2ab80a8b2b3a1eea7afb6">[email protected]</span></a> or call Joella Roland, the 
HRSA Information Collection Clearance Officer, at (301) 443-3983.

SUPPLEMENTARY INFORMATION: When submitting comments or requesting 
information, please include the information request collection title 
for reference.
    Information Collection Request Title: National Practitioner Data 
Bank for Adverse Information on Physicians and Other Health Care 
Practitioners--45 CFR Part 60 Regulations and Forms, OMB No. 0915-
0126--Revision.
    Abstract: This is a request for a revision of OMB approval of the 
information collection contained in regulations found in 45 CFR part 60 
governing the National Practitioner Data Bank (NPDB) and the forms to 
be used in registering with, reporting information to, and requesting 
information from the NPDB. Administrative forms are also included to 
aid in monitoring compliance with federal reporting and querying 
requirements. Responsibility for NPDB implementation and operation 
resides in HRSA's Bureau of Health Workforce.
    The intent of the NPDB is to improve the quality of health care by 
encouraging entities such as hospitals, state licensing boards, 
professional societies, and other eligible entities \1\ providing 
health care services to identify and discipline those who engage in 
unprofessional behavior, and to restrict the ability of incompetent 
health care practitioners, providers, or suppliers to move from state 
to state without disclosure or discovery of previous damaging or 
incompetent performance. It also serves as a fraud and abuse 
clearinghouse for the reporting and disclosing of certain final adverse 
actions taken against health care practitioners, providers, or 
suppliers by health plans, federal agencies, and state agencies 
(excluding settlements in which no findings of liability have been 
made). Users of the NPDB include reporters (entities that are required 
to submit reports) and queriers (entities and individuals that are 
authorized to request information).
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    \1\ ``Other eligible entities'' that participate in the NPDB are 
defined in the provisions of Title IV, Section 1921, Section 1128E, 
and implementing regulations. In addition, a few federal agencies 
also participate with the NPDB through federal memorandums of 
understanding. Eligible entities are responsible for complying with 
all reporting and/or querying requirements that apply; some entities 
may qualify as more than one type of eligible entity. Each eligible 
entity must certify its eligibility in order to report to the NPDB, 
query the NPDB, or both. Information from the NPDB is available only 
to those entities specified as eligible in the statutes and 
regulations. Not all entities have the same reporting requirements 
or level of query access.
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    The reporting forms, request for information forms (query forms), 
and administrative forms (used to monitor compliance) are accessed, 
completed, and submitted to the NPDB electronically through the NPDB 
website at https://www.npdb.hrsa.gov/. All reporting and querying is 
performed through the secure portal of this website. This revision 
proposes changes to improve navigation through the secure portal.
    Need and Proposed Use of the Information: The NPDB acts primarily 
as a flagging system; its principal purpose is to facilitate 
comprehensive review of practitioners' professional credentials and 
background. Information is collected from, and disseminated to, 
eligible entities (entities that are entitled to query and/or report to 
the NPDB as authorized in Title 45 CFR part 60 of the Code of Federal 
Regulations) on the following: (1) medical malpractice payments, (2) 
licensure actions taken by Boards of Medical Examiners, (3) state 
licensure and certification actions, (4) federal licensure and 
certification actions, (5) negative actions or findings taken by peer 
review organizations or private accreditation entities, (6) adverse 
actions taken against clinical privileges, (7) federal or state 
criminal convictions related to the delivery of a health care item or 
service, (8) civil judgments related to the delivery of a health care 
item or service, (9) exclusions from participation in federal or state 
health care programs, and (10) other adjudicated actions or decisions. 
It is intended for NPDB information to be considered with other 
relevant information in evaluating credentials of health care 
practitioners, providers, and suppliers.
    Likely Respondents: Eligible entities or individuals that are 
entitled to query and/or report to the NPDB as authorized in 
regulations found at 45 CFR part 60.
    Burden Statement: Burden in this context means the time expended by 
persons to generate, maintain, retain, disclose, or provide the 
information requested. This includes the time needed to review 
instructions; to develop, acquire, install, and utilize technology and 
systems for the purpose of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing and 
providing information; to train personnel and to be able to respond to 
a collection of information; to search data sources; to complete and 
review the collection of information; and to transmit or otherwise 
disclose the information. The total annual burden hours estimated for 
this ICR are summarized in the table below.
    Total Estimated Annualized Burden Hours:

[[Page 57119]]



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                                                                                                                               Average
                                                                                   Number of       Number of       Total      burden per   Total burden
             Regulation citation                          Form name               respondents    responses per   responses     response        hours
                                                                                                  respondent                  (in hours)   (rounded up)
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Sec.   60.6: Reporting errors, omissions,      Correction, Revision-to-Action,           8,897               1        8,897        .2500           2,225
 revisions or whether an action is on appeal.   Void, Notice of Appeal
                                                (manual).
                                               Correction, Revision-to-Action,          14,982               1       14,982        .0003               5
                                                Void, Notice of Appeal
                                                (automated).
Sec.   60.7: Reporting medical malpractice     Medical Malpractice Payment              11,080               1       11,080        .7500           8,310
 payments.                                      (manual).                                  447               1          447        .0003               1
                                               Medical Malpractice Payment
                                                (automated).
Sec.   60.8: Reporting licensure actions       State Licensure or                       13,996               1       13,996        .7500          10,497
 taken by Boards of Medical Examiners.          Certification (manual).
Sec.   60.9: Reporting licensure and           State Licensure or                       14,636               1       14,636        .0003               5
 certification actions taken by States.         Certification (automated).
Sec.   60.10: Reporting Federal licensure and  DEA/Federal Licensure..........             555               1          555        .7500             417
 certification actions.
Sec.   60.11: Reporting negative actions or    Peer Review Organization.......              10               1           10        .7500               8
 findings taken by peer review organizations   Accreditation..................              10               1           10        .7500               8
 or private accreditation entities.
Sec.   60.12: Reporting adverse actions taken  Title IV Clinical Privileges                782               1          782        .7500             587
 against clinical privileges.                   Actions.                                    27               1           27        .7500              21
                                               Professional Society...........
Sec.   60.13: Reporting Federal or State       Criminal Conviction (Guilty                 979               1          979        .7500             735
 criminal convictions related to the delivery   Plea or Trial) (manual).
 of a health care item or service.
Sec.   60.13: Reporting Federal or State       Criminal Conviction (Guilty                 406               1          406        .0003               1
 criminal convictions related to the delivery   Plea or Trial) (automated).
 of a health care item or service.
                                               Deferred Conviction or Pre-                  60               1           60        .7500              45
                                                Trial Diversion.
                                               Nolo Contendere (no contest                  75               1           75        .7500              57
                                                plea).
                                               Injunction.....................              10               1           10        .7500               8
Sec.   60.14: Reporting civil judgments        Civil Judgment.................               6               1            6        .7500               5
 related to the delivery of a health care
 item or service.
Sec.   60.15: Reporting exclusions from        Exclusion or Debarment (manual)           1,287               1        1,287        .7500             966
 participation in Federal or State health      Exclusion or Debarment                    2,610               1        2,610        .0003               1
 care programs.                                 (automated).
Sec.   60.16: Reporting other adjudicated      Government Administrative                 1,367               1        1,367        .7500           1,026
 actions or decisions.                          (manual).
                                               Government Administrative                   632               1          632        .0003               1
                                                (automated).
                                               Health Plan Action.............             391               1          391        .7500             294
Sec.   60.17: Information which hospitals      One-Time Query for an                 1,790,355               1    1,790,355        .0800         143,229
 must request from the National Practitioner    Individual (manual).                 3,945,360               1    3,945,360        .0003           1,184
 Data Bank.                                    One-Time Query for an
                                                Individual (automated).
Sec.   60.18: Requesting Information from the  One-Time Query for an                    77,095               1       77,095        .0800           6,168
 NPDB.                                          Organization (manual).
                                               One-Time Query for an                    33,993               1       33,993        .0003              11
                                                Organization (automated).
                                               Self-Query on an Individual....         223,589               1      223,589        .4200          93,908
                                               Self-Query on an Organization..             879               1          879        .4200             370
                                               Continuous Query (manual)......       1,030,917               1    1,030,917        .0800          82,474
                                               Continuous Query (automated)...         900,661               1      900,661        .0003             271
Sec.   60.21: How to dispute the accuracy of   Subject Statement and Dispute..           4,015               1        4,015        .7500           3,012
 NPDB information.
                                               Request for Dispute Resolution.              83               1           83       8.0000             664
Administrative...............................  Entity Registration (Initial)..           3,252               1        3,252       1.0000           3,252
                                               Entity Registration (Renewal &           12,990               1       12,990        .2500           3,248
                                                Update).
                                               State Licensing Board Data                   87               1           87      10.5000             914
                                                Request.
                                               State Licensing Board                       360               1          360       1.0000             360
                                                Attestation.
                                               Authorized Agent Attestation...             171               1          171       1.0000             171
                                               Health Center Attestation......             724               1          724       1.0000             724
                                               Hospital Attestation...........           3,238               1        3,238       1.0000           3,238
                                               Medical Malpractice Payer, Peer             267               1          267       1.0000             267
                                                Review Organization, or
                                                Private Accreditation
                                                Organization Attestation.
                                               Other Eligible Entity                     4,790               1        4,790       1.0000           4,790
                                                Attestation.
                                               Corrective Action Plan (Entity)              10               1           10        .0800               1
                                               Reconciling Missing Actions....           1,371               1        1,371        .0800             110
                                               Agent Registration (Initial)...              78               1           78       1.0000              78
                                               Agent Registration (Renewal &               318               1          318        .0800              26
                                                Update).
                                               Electronic Funds Transfer                   734               1          734        .0800              59
                                                Authorization.
                                               Authorized Agent Designation...             183               1          183        .2500              46
                                               Account Discrepancy............               4               1            4        .2500               1
                                               New Administrator Request......             215               1          215        .0800              18
                                               Purchase Query Credits.........           5,590               1        5,590        .0800             448
                                               Education Request..............              10               1           10        .0800               1
                                               Account Balance Transfer.......              10               1           10        .0800               1

[[Page 57120]]

 
                                               Missing Report From Query Form.              10               1           10        .0800               1
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                                                  Total.......................       8,114,604  ..............    8,114,604  ...........         374,268
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    HRSA specifically requests comments on: (1) the necessity and 
utility of the proposed information collection for the proper 
performance of the agency's functions; (2) the accuracy of the 
estimated burden; (3) ways to enhance the quality, utility, and clarity 
of the information to be collected; and (4) the use of automated 
collection techniques or other forms of information technology to 
minimize the information collection burden.

Maria G. Button,
Director, Executive Secretariat.
[FR Doc. 2023-17987 Filed 8-21-23; 8:45 am]
BILLING CODE 4165-15-P


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