[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76770-76772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24606]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Agency Information Collection Activities: Submission to OMB for 
Review and Approval; Public Comment Request; 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

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

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, HRSA 
submitted an Information Collection Request (ICR) to the Office of 
Management and Budget (OMB) for review and approval. Comments submitted 
during the first public review of this ICR will be provided to OMB. OMB 
will accept further comments from the public during the review and 
approval period. OMB may act on HRSA's ICR only after the 30-day 
comment period for this notice has closed.

DATES: Comments on this ICR should be received no later than December 
7, 2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: To request a copy of the clearance 
requests submitted to OMB for review, Joella Roland, the HRSA 
Information Collection Clearance Officer, at <a href="/cdn-cgi/l/email-protection#a7d7c6d7c2d5d0c8d5cce7cfd5d4c689c0c8d1"><span class="__cf_email__" data-cfemail="7606170613040119041d361e04051758111900">[email protected]</span></a> or call 
(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.
    A 60-day notice published in the Federal Register on August 22, 
2023, vol. 88, No. 161; pp. 57118-120. There were no public comments.
    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.

[[Page 76771]]

    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
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                                                                                                                              Average
                                                                             Number of       Number of         Total        burden per     Total  burden
            Regulation citation                       Form name             respondents    responses per     responses     response  (in       hours
                                                                                            respondent                        hours)       (rounded up)
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Sec.   60.6: Reporting errors, omissions,   Correction, Revision-to-               8,897               1           8,897           .2500           2,225
 revisions or whether an action is on        Action, Void, Notice of
 appeal.                                     Appeal (manual).
                                            Correction, Revision-to-              14,982               1          14,982           .0003               5
                                             Action, Void, Notice of
                                             Appeal (automated).
Sec.   60.7: Reporting medical malpractice  Medical Malpractice Payment           11,080               1          11,080           .7500           8,310
 payments.                                   (manual).
                                            Medical Malpractice Payment              447               1             447           .0003               1
                                             (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   DEA/Federal Licensure.......             555               1             555           .7500             417
 and certification actions.
Sec.   60.11: Reporting negative actions    Peer Review Organization....              10               1              10           .7500               8
 or findings taken by peer review
 organizations or private accreditation
 entities.
                                            Accreditation...............              10               1              10           .7500               8
Sec.   60.12: Reporting adverse actions     Title IV Clinical Privileges             782               1             782           .7500             587
 taken against clinical privileges.          Actions.
                                            Professional Society........              27               1              27           .7500              21
Sec.   60.13: Reporting Federal or State    Criminal Conviction (Guilty              979               1             979           .7500             735
 criminal convictions related to the         Plea or Trial) (manual).
 delivery of a health care item or service.
                                            Criminal Conviction (Guilty              406               1             406           .0003               1
                                             Plea or Trial) (automated).
                                            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                 1,287               1           1,287           .7500             966
 participation in Federal or State health    (manual).
 care programs.
                                            Exclusion or Debarment                 2,610               1           2,610           .0003               1
                                             (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

[[Page 76772]]

 
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              Individual (manual).
 Practitioner Data Bank.
Sec.   60.18 Requesting Information from    One-Time Query for an              3,945,360               1       3,945,360           .0003           1,184
 the NPDB.                                   Individual (automated).
                                            One-Time Query for an                 77,095               1          77,095           .0800           6,168
                                             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                         879               1             879           .4200             370
                                             Organization.
                                            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   Subject Statement and                  4,015               1           4,015           .7500           3,012
 of NPDB information.                        Dispute.
                                            Request for Dispute                       83               1              83          8.0000             664
                                             Resolution.
Administrative............................  Entity Registration                    3,252               1           3,252          1.0000           3,252
                                             (Initial).
                                            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,               267               1             267          1.0000             267
                                             Peer Review Organization,
                                             or Private Accreditation
                                             Organization Attestation.
                                            Other Eligible Entity                  4,790               1           4,790          1.0000           4,790
                                             Attestation.
                                            Corrective Action Plan                    10               1              10           .0800               1
                                             (Entity).
                                            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
                                            Missing Report From Query                 10               1              10           .0800               1
                                             Form.
                                           -------------------------------------------------------------------------------------------------------------
                                            TOTAL.......................       8,114,604  ..............       8,114,604  ..............         374,268
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Maria G. Button,
Director, Executive Secretariat.
[FR Doc. 2023-24606 Filed 11-6-23; 8:45 am]
BILLING CODE 4165-15-P


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