Office of the Secretary, Health Care Fraud and Abuse Data Collection Program: Reporting of Final Adverse Actions; Correction, 36554-36555 [05-12481]

Download as PDF 36554 Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Proposed Rules TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued Facility Address Waste description (6) Reopener Language: (A) If, at any time after disposal of the delisted waste, Nissan possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified in the delisting verification testing is at a level higher than the delisting level allowed by EPA in granting the petition, Nissan must report the data, in writing, to EPA within 10 days of first possessing or being made aware of that data. (B) If the testing of the waste, as required by Condition (2)(B), does not meet the delisting requirements of Condition (1), Nissan must report the data, in writing, to EPA within 10 days of first possessing or being made aware of that data. (C) Based on the information described in paragraphs (6)(A) or (6)(B) and any other information received from any source, EPA will make a preliminary determination as to whether the reported information requires that EPA take action to protect human health or the environment. Further action may include suspending or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If EPA determines that the reported information does require Agency action, EPA will notify the facility in writing of the action believed necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing Nissan with an opportunity to present information as to why the proposed action is not necessary. Nissan shall have 10 days from the date of EPA’s notice to present such information. (E) Following the receipt of information from Nissan, as described in paragraph (6)(D), or if no such information is received within 10 days, EPA will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment, given the information received in accordance with paragraphs (6)(A) or (6)(B). Any required action described in EPA’s determination shall become effective immediately, unless EPA provides otherwise. (7) Notification Requirements: Nissan must provide a one-time written notification to any State Regulatory Agency in a State to which or through which the delisted waste described above will be transported, at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting conditions and a possible revocation of the decision to delist. * * * [FR Doc. 05–12579 Filed 6–23–05; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of Inspector General 45 CFR Part 61 RIN 0906–AA46 Office of the Secretary, Health Care Fraud and Abuse Data Collection Program: Reporting of Final Adverse Actions; Correction Office of Inspector General (OIG), HHS. ACTION: Proposed correction amendment. AGENCY: SUMMARY: This document proposes a correction to the final regulations, which were published in the Federal Register on October 26, 1999 (64 FR 57740). These regulations established a national health care fraud and abuse data collection program for the reporting and disclosing of certain adverse actions taken against health care providers, VerDate jul<14>2003 16:57 Jun 23, 2005 Jkt 205001 * * suppliers and practitioners, and for maintaining a data base of final adverse actions taken against health care providers, suppliers and practitioners. An inadvertent error appeared in the text of the regulations concerning the definition of the term ‘‘any other negative action or finding.’’ As a result, we are proposing to correct 45 CFR 61.3, Definitions, to assure the technical correctness of these regulations. DATES: To assure consideration, public comments must be mailed and delivered to the address provided below by no later than 5 p.m., July 25, 2005. ADDRESSES: Please mail or deliver your written comments to the following address: Department of Health and Human Services, Office of Inspector General, Attention: OIG–46–CA2, 330 Independence Avenue, SW., Room 5246, Washington, DC 20201. FOR FURTHER INFORMATION CONTACT: Joel Schaer, OIG Regulations Officer Office of External Affairs, (202) 619–0089. SUPPLEMENTARY INFORMATION: The HHS Office of Inspector General (OIG) issued final regulations on October 26, 1999 (64 FR 57740) that established a national health care fraud and abuse PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 * * data collection program—the Healthcare Integrity and Protection Data Bank (HIPDB)—for the reporting and disclosing of certain final adverse actions taken against health care providers, suppliers and practitioners, and for maintaining a data base of final adverse actions taken against health care providers, suppliers and practitioners. The final rule established a new 45 CFR part 61 to implement the requirements for reporting of specific data elements to, and procedures for obtaining information from, the HIPDB. In that final rule, an inadvertent error appeared in § 61.3—the definitions section of the regulations—and is now being proposed for correction. Section 61.3 expanded on previous regulatory definitions and provided additional examples of the scope of various terms set fort in the statute. On page 57755 of the preamble, summarizing the various revisions being made to the final rule, we indicated that with respect to the definition for the term ‘‘any other negative action or finding’’ there are certain kinds of actions or findings that would not meet the intent of the statute and not be E:\FR\FM\24JNP1.SGM 24JNP1 Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Proposed Rules reportable. We cited, as an example, administrative actions, such as limited training permits, limited licenses for telemedicine, fines or citations that do not restrict a practitioner’s practice, or personnel actions for tardiness, that were not within the range of actions intended by the statute. As a result, we agreed to add a clarifying phrase to this term. The revised definition would exclude administrative fines or citations, corrective action plans and other personnel actions, unless they are (1) connected to the billing, provision or delivery of health care services, and (2) taken in conjunction with other licensure or certification actions such as revocation, suspension, censure, reprimand, probation, or surrender. However, we inadvertently omitted this clarifying language to the regulations text of the rule itself. Therefore, to be consistent with the intended clarification and the overall intent of the final rulemaking, we are correcting this inadvertent error in the definition of the term ‘‘any other negative action or finding’’ that appeared on page 57759 in the October 26, 1999 final regulations to include this additional clarifying language. Comments should be addressed specifically to the issue of clarifying the existing definition of the term in question in accordance with the earlier final rulemaking. Response to Public Comments Comments will be available for public inspection beginning on July 8, 2005 in Room 5518 of the Office of Inspector General at 330 Independence Avenue, SW., Washington DC, on Monday through Friday of each week from 8 a.m. to 4 p.m., (202) 619–0089. Because of the number of comments we normally receive on regulations, we will not acknowledge or respond to them individually. However, we will consider all timely and appropriate comments when developing the final corrections amendment. Billing and transportation services, Durable medical equipment suppliers and manufacturers, Health care insurers, Health maintenance organizations, Health professions, Home health care agencies, Hospitals, Penalties, Pharmaceutical suppliers and manufacturers, Privacy, Reporting and recordkeeping requirements, Skilled nursing facilities. Therefore, 45 CFR part 61 is proposed to be amended by making the following correcting amendment: 16:57 Jun 23, 2005 Jkt 205001 1. The authority citation for part 61 would continue to read as follows: Authority: 42 U.S.C. 1320a-7e. 2. Section 61.3 would be amended by republishing the introductory text, and by revising the definition for the term ‘‘Any other negative action or finding’’ to read as follows: § 61.3 Definitions. The following definitions apply to this part: * * * * * Any other negative action or finding by a Federal or State licensing agency means any action or finding that under the State’s law is publicly available information, and rendered by a licensing authority, including but not limited to, limitations on the scope of practice, liquidations, injunctions and forfeitures. This definition also includes final adverse actions rendered by a Federal or State licensing or certification authority, such as exclusions, revocations or suspension of license or certification that occur in conjunction with settlements in which no finding of liability has been made (although such a settlement itself is not reportable under the statute). This definition excludes administrative fines or citations and corrective action plans and other personnel actions, unless they are: (1) Connected to the delivery of health care services; and (2) taken in conjunction with other licensure or certification actions such as revocation, suspension, censure, reprimand, probation or surrender. * * * * * Dated: June 20, 2005. Ann Agnew, Executive Secretary to the Department. [FR Doc. 05–12481 Filed 6–23–05; 8:45 am] BILLING CODE 4152–01–P List of Subjects in 45 CFR Part 61 VerDate jul<14>2003 PART 61—HEALTHCARE INTEGRITY AND PROTECTION DATA BANK FOR FINAL ADVERSE INFORMATION ON HEALTH CARE PROVIDERS, SUPPLIERS AND PRACTITIONERS DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [I.D. 062005A] Fisheries of the Exclusive Economic Zone Off Alaska; Public Workshop National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 36555 Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public workshop. SUMMARY: NMFS will present a workshop on proposed catchmonitoring standards for the nonAmerican Fisheries Act (AFA) trawl catcher/processor sector. These standards are necessary to support proposed groundfish and prohibited species allocations to this sector that are under consideration by the North Pacific Fishery Management Council. The workshop will be held Monday, June 27, 2005, from 10 a.m. to 1 p.m. DATES: The workshop will be held at the Nordby Center, located in Fishermen’s terminal, 1711 W Nickerson St, Seattle, WA. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Alan Kinsolving, 907–586–7228. The North Pacific Fisheries Management Council is developing proposed Amendment 80 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Area (FMP). Amendment 80 would allocate prohibited species and target species other than Pacific cod and pollock to trawl catcher/processor vessels that are not qualified to fish for pollock under the AFA. One aspect of the analysis of alternatives being developed for Amendment 80 includes options for catch monitoring, weighing, and accounting standards for the non-AFA trawl catcher/processor sector. NMFS is conducting the June 27, 2005, workshop so that interested industry members may provide guidance to NMFS on the development and implementation of these standards. This workshop is not intended to be a forum for providing public comment on the proposed rule to implement proposed Amendment 79 to the FMP. That proposed rule also would establish catch monitoring standards for some vessels within the non-AFA trawl catcher/processor sector. Written comments on Amendment 79 may be submitted to NMFS consistent with the protocol set forth in the preamble to the proposed rule published in the Federal Register on June 16, 2005 (70 FR 35054). This workshop is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Alan Kinsolving (see FOR FURTHER INFORMATION CONTACT). SUPPLEMENTARY INFORMATION: E:\FR\FM\24JNP1.SGM 24JNP1

Agencies

[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Proposed Rules]
[Pages 36554-36555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12481]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Inspector General

45 CFR Part 61

RIN 0906-AA46


Office of the Secretary, Health Care Fraud and Abuse Data 
Collection Program: Reporting of Final Adverse Actions; Correction

AGENCY: Office of Inspector General (OIG), HHS.

ACTION: Proposed correction amendment.

-----------------------------------------------------------------------

SUMMARY: This document proposes a correction to the final regulations, 
which were published in the Federal Register on October 26, 1999 (64 FR 
57740). These regulations established a national health care fraud and 
abuse data collection program for the reporting and disclosing of 
certain adverse actions taken against health care providers, suppliers 
and practitioners, and for maintaining a data base of final adverse 
actions taken against health care providers, suppliers and 
practitioners. An inadvertent error appeared in the text of the 
regulations concerning the definition of the term ``any other negative 
action or finding.'' As a result, we are proposing to correct 45 CFR 
61.3, Definitions, to assure the technical correctness of these 
regulations.

DATES: To assure consideration, public comments must be mailed and 
delivered to the address provided below by no later than 5 p.m., July 
25, 2005.

ADDRESSES: Please mail or deliver your written comments to the 
following address: Department of Health and Human Services, Office of 
Inspector General, Attention: OIG-46-CA2, 330 Independence Avenue, SW., 
Room 5246, Washington, DC 20201.

FOR FURTHER INFORMATION CONTACT: Joel Schaer, OIG Regulations Officer 
Office of External Affairs, (202) 619-0089.

SUPPLEMENTARY INFORMATION: The HHS Office of Inspector General (OIG) 
issued final regulations on October 26, 1999 (64 FR 57740) that 
established a national health care fraud and abuse data collection 
program--the Healthcare Integrity and Protection Data Bank (HIPDB)--for 
the reporting and disclosing of certain final adverse actions taken 
against health care providers, suppliers and practitioners, and for 
maintaining a data base of final adverse actions taken against health 
care providers, suppliers and practitioners. The final rule established 
a new 45 CFR part 61 to implement the requirements for reporting of 
specific data elements to, and procedures for obtaining information 
from, the HIPDB. In that final rule, an inadvertent error appeared in 
Sec.  61.3--the definitions section of the regulations--and is now 
being proposed for correction.
    Section 61.3 expanded on previous regulatory definitions and 
provided additional examples of the scope of various terms set fort in 
the statute. On page 57755 of the preamble, summarizing the various 
revisions being made to the final rule, we indicated that with respect 
to the definition for the term ``any other negative action or finding'' 
there are certain kinds of actions or findings that would not meet the 
intent of the statute and not be

[[Page 36555]]

reportable. We cited, as an example, administrative actions, such as 
limited training permits, limited licenses for telemedicine, fines or 
citations that do not restrict a practitioner's practice, or personnel 
actions for tardiness, that were not within the range of actions 
intended by the statute. As a result, we agreed to add a clarifying 
phrase to this term. The revised definition would exclude 
administrative fines or citations, corrective action plans and other 
personnel actions, unless they are (1) connected to the billing, 
provision or delivery of health care services, and (2) taken in 
conjunction with other licensure or certification actions such as 
revocation, suspension, censure, reprimand, probation, or surrender. 
However, we inadvertently omitted this clarifying language to the 
regulations text of the rule itself. Therefore, to be consistent with 
the intended clarification and the overall intent of the final 
rulemaking, we are correcting this inadvertent error in the definition 
of the term ``any other negative action or finding'' that appeared on 
page 57759 in the October 26, 1999 final regulations to include this 
additional clarifying language.
    Comments should be addressed specifically to the issue of 
clarifying the existing definition of the term in question in 
accordance with the earlier final rulemaking.

Response to Public Comments

    Comments will be available for public inspection beginning on July 
8, 2005 in Room 5518 of the Office of Inspector General at 330 
Independence Avenue, SW., Washington DC, on Monday through Friday of 
each week from 8 a.m. to 4 p.m., (202) 619-0089. Because of the number 
of comments we normally receive on regulations, we will not acknowledge 
or respond to them individually. However, we will consider all timely 
and appropriate comments when developing the final corrections 
amendment.

List of Subjects in 45 CFR Part 61

    Billing and transportation services, Durable medical equipment 
suppliers and manufacturers, Health care insurers, Health maintenance 
organizations, Health professions, Home health care agencies, 
Hospitals, Penalties, Pharmaceutical suppliers and manufacturers, 
Privacy, Reporting and recordkeeping requirements, Skilled nursing 
facilities.
    Therefore, 45 CFR part 61 is proposed to be amended by making the 
following correcting amendment:

PART 61--HEALTHCARE INTEGRITY AND PROTECTION DATA BANK FOR FINAL 
ADVERSE INFORMATION ON HEALTH CARE PROVIDERS, SUPPLIERS AND 
PRACTITIONERS

    1. The authority citation for part 61 would continue to read as 
follows:

    Authority: 42 U.S.C. 1320a-7e.
    2. Section 61.3 would be amended by republishing the introductory 
text, and by revising the definition for the term ``Any other negative 
action or finding'' to read as follows:


Sec.  61.3  Definitions.

    The following definitions apply to this part:
* * * * *
    Any other negative action or finding by a Federal or State 
licensing agency means any action or finding that under the State's law 
is publicly available information, and rendered by a licensing 
authority, including but not limited to, limitations on the scope of 
practice, liquidations, injunctions and forfeitures. This definition 
also includes final adverse actions rendered by a Federal or State 
licensing or certification authority, such as exclusions, revocations 
or suspension of license or certification that occur in conjunction 
with settlements in which no finding of liability has been made 
(although such a settlement itself is not reportable under the 
statute). This definition excludes administrative fines or citations 
and corrective action plans and other personnel actions, unless they 
are:
    (1) Connected to the delivery of health care services; and
    (2) taken in conjunction with other licensure or certification 
actions such as revocation, suspension, censure, reprimand, probation 
or surrender.
* * * * *

    Dated: June 20, 2005.
Ann Agnew,
Executive Secretary to the Department.
[FR Doc. 05-12481 Filed 6-23-05; 8:45 am]
BILLING CODE 4152-01-P