Ingenix, Inc.; Analysis of Proposed Consent Order to Aid Public Comment, 55211-55212 [E7-19152]

Download as PDF Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices Æ During this extended period, Wave 4 border area licensees are not required to engage in planning or negotiation prior to receipt of frequency designations from the TA. Æ However, the Commission encourages licensees to engage in such activities to the extent that they are not frequency-dependent and would not result in unnecessary duplication of costs. For example, border area licensees may conduct system inventories and develop plans for replacement and retuning of equipment. Æ If licensees choose to engage in such activities, Sprint shall pay licensees’ reasonable costs in accordance with the requirements of the Commission’s orders in this proceeding.13 jlentini on PROD1PC65 with NOTICES Public Safety Licensee Requests for Extension of 36-Month Deadline 11. Some public safety licensees have expressed concern that they will be unable to complete their system rebanding by the June 26, 2008 deadline established by the Commission. The Commission offers the following guidance for public safety licensees who anticipate that they may need to file requests to extend the deadline: Æ In general, the Commission discourages public safety licensees from filing extension requests at this time. Requests that are filed may be held in abeyance pending further review of progress in rebanding implementation. Æ Requests for extension will be subject to a high level of scrutiny. Licensees will be expected to demonstrate that they have worked diligently and in good faith to complete rebanding expeditiously, and that the amount of additional time requested is no more than is reasonably necessary to complete the rebanding process. Æ Factors that will be considered in evaluating requests will include system size and complexity, degree of NPSPAC Licensees in Wave 4, Stage 1 of 800 MHz Band Reconfiguration, WT Docket No. 02–55, Public Notice, 22 FCC Rcd 11658 (PSHSB 2007). 13 The Commission clarifies that this requires Sprint to pay all costs incurred by licensees in reasonable anticipation of rebanding. There is a remote possibility that the Commission’s final rebanding plan for the border areas could result in some border licensees not needing to reband. However, given the likelihood that most if not all licensees will reband, allowing all licensees to proceed with rebanding planning prior to this contingency being resolved is likely to speed the transition, and therefore is a reasonable cost under the Commission’s Rebanding Cost Clarification Order. See Rebanding Cost Clarification Order, 22 FCC Rcd at 9822 ¶ 9 (rebanding may proceed more efficiently ‘‘if rebanding tasks are initiated early in the process and carried on in stages throughout the process, even though this may be more costly than performing all of the rebanding work at once at a later date’’). VerDate Aug<31>2005 17:12 Sep 27, 2007 Jkt 211001 interoperability with other systems, and level of effort required to complete rebanding implementation. Æ The Commission clarifies that public safety licensees do not need to file extension requests in order to be assured of continued funding by Sprint in the event that their rebanding activities extend past the 36-month deadline. Sprint is required to pay all licensee rebanding expenses that are reasonable, prudent, and necessary regardless of when such costs are incurred.14 The Commission directs the TA to approve FRAs that provide for recovery of rebanding costs incurred after June 26, 2008, provided such costs are otherwise recoverable under the TA’s standards. Ordering Clauses 12. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified ‘‘information collection burden for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7–19210 Filed 9–27–07; 8:45 am] BILLING CODE 6712–01–P FEDERAL TRADE COMMISSION [File No. 062 3190] Ingenix, Inc.; Analysis of Proposed Consent Order to Aid Public Comment Federal Trade Commission. Proposed Consent Agreement. AGENCY: ACTION: SUMMARY: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations. DATES: Comments must be received on or before October 17, 2007. 14 This does not preclude the Bureau or Commission from requiring a licensee to pay its own rebanding costs based on a determination that the licensee has caused unjustified delay or has otherwise failed to meet its obligation to implement rebanding in good faith. PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 55211 Interested parties are invited to submit written comments. Comments should refer to ‘‘Ingenix, File No. 062 3190,’’ to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission/Office of the Secretary, Room 135-H, 600 Pennsylvania Avenue, NW., Washington, D.C. 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with Commission Rule 4.9(c). 16 CFR 4.9(c) (2005).1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments that do not contain any nonpublic information may instead be filed in electronic form as part of or as an attachment to email messages directed to the following email box: consentagreement@ftc.gov. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC Web site, to the extent practicable, at http://.www.ftc.gov. As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy, at http://www.ftc.gov/ ftc/privacy.htm. FOR FURTHER INFORMATION CONTACT: Rebecca E. Kuehn, Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW., Washington, DC 20580, (201) 3262252. SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 of the Commission Rules of Practice, 16 CFR 2.34, notice is ADDRESSES: 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c). E:\FR\FM\28SEN1.SGM 28SEN1 55212 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices jlentini on PROD1PC65 with NOTICES hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for September 17, 2007), on the World Wide Web, at http:// www.ftc.gov/os/2007/09/index.htm. A paper copy can be obtained from the FTC Public Reference Room, Room 130H, 600 Pennsylvania Avenue, NW., Washington, DC 20580, either in person or by calling (202) 326-2222. Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before the date specified in the DATES section. Analysis of Agreement Containing Consent Order to Aid Public Comment The Federal Trade Commission has accepted, subject to final approval, an agreement containing a consent order from Ingenix, Inc. (‘‘respondent’’ or ‘‘Ingenix’’). The proposed consent order has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty (30) days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement or make final the agreement’s proposed order. Ingenix markets MedPoint, a data aggregation service that provides individual medical profiles to health and life insurance companies. Insurance companies use MedPoint for underwriting or claims review purposes. The medical profile generated by MedPoint analyzes the individual’s prescription drug history, and provides, based on that analysis, potential medical conditions that may be present and predictive scores for the individual. The Commission’s complaint alleges that the medical profile generated for the MedPoint service is a consumer report and that respondent is a consumer reporting agency, as those terms are defined in Sections 603(d) and (f) of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681a(d) and (f). The complaint alleges that the respondent’s failure to provide the ‘‘Notice To Users VerDate Aug<31>2005 17:12 Sep 27, 2007 Jkt 211001 of Consumer Reports: Obligations of Users Under the FCRA’’ (‘‘Notice to Users’’), the required content of which is found in 16 CFR 698, Appendix H, is a violation of Section 607(d) of the Fair Credit Reporting Act, 15 U.S.C. § 1681e(d). The proposed consent order contains provisions designed to prevent respondent from engaging in similar acts and practices in the future. Part I of the proposed order requires respondent to provide the Notice To Users to any user or prospective user of any medical profile generated by MedPoint that constitutes a consumer report, or of any other consumer report. Part II.A. of the proposed order requires respondent to maintain or continue to maintain reasonable procedures to limit the furnishing of consumer reports to those with a permissible purpose, as required by Section 607(a) of the Fair Credit Reporting Act, 15 U.S.C. § 1681e(a). Part II.B. of the proposed order requires respondent to follow or continue to follow reasonable procedures to assure maximum possible accuracy of the information concerning the individuals about whom the reports relates, as required by Section 607(b) of the Fair Credit Reporting Act, 15 U.S.C. § 1681e(b). Part II.C. of the proposed order requires respondent to maintain or continue to maintain reasonable procedures to ensure compliance with Section 611 of the Fair Credit Reporting Act, 15 U.S.C. § 1681i, ‘‘Procedure in case of disputed accuracy.’’ Part II.D. of the proposed order requires respondent to conduct or continue to conduct a reasonable reinvestigation in cases of disputed accuracy, as required by Section 611 of the Fair Credit Reporting Act, 15 U.S.C. § 1681i. Part II.E. of the proposed order requires respondent to comply or continue to comply with the Disposal of Consumer Report Information and Records Rule, 16 C.F.R. Part 682. Part III of the proposed order contains a document retention requirement. It requires respondent to maintain and upon request make available to the Commission for inspection and copying documents demonstrating compliance with the requirements of Parts I and II of the proposed order. Part IV of the proposed order requires respondent to distribute copies of the order to various principals, officers, directors, and managers, employees, agents, and representatives having decision-making responsibilities with respect to MedPoint or any other consumer report. PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 Part V of the proposed order requires respondent to notify the Commission of any changes in corporate structure that might affect compliance with the order. Part VI of the proposed order requires respondent to file with the Commission one or more reports detailing its compliance with the order. Part VII of the proposed order is a ‘‘sunset’’ provision, dictating the conditions under which the order will terminate twenty years from the date it is issued or twenty years after a complaint is filed in federal court, by either the United States or the FTC, alleging any violation of the order. The purpose of this analysis is to facilitate public comment on the proposed order. It is not intended to constitute an official interpretation of the proposed order or to modify in any way its terms. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E7–19152 Filed 9–27–07: 8:45 am] [Billing Code: 6750–01–S] FEDERAL TRADE COMMISSION [File No. 062 3189] Milliman, Inc.; Analysis of Proposed Consent Order to Aid Public Comment Federal Trade Commission. Proposed Consent Agreement. AGENCY: ACTION: SUMMARY: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations. DATES: Comments must be received on or before October 17, 2007. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ‘‘Milliman, File No. 062 3189,’’ to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission/Office of the Secretary, Room 135-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with Commission Rule 4.9(c). E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Notices]
[Pages 55211-55212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19152]


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FEDERAL TRADE COMMISSION

[File No. 062 3190]


Ingenix, Inc.; Analysis of Proposed Consent Order to Aid Public 
Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreement.

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

SUMMARY: The consent agreement in this matter settles alleged 
violations of federal law prohibiting unfair or deceptive acts or 
practices or unfair methods of competition. The attached Analysis to 
Aid Public Comment describes both the allegations in the draft 
complaint and the terms of the consent order--embodied in the consent 
agreement--that would settle these allegations.

DATES: Comments must be received on or before October 17, 2007.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Ingenix, File No. 062 3190,'' to facilitate 
the organization of comments. A comment filed in paper form should 
include this reference both in the text and on the envelope, and should 
be mailed or delivered to the following address: Federal Trade 
Commission/Office of the Secretary, Room 135-H, 600 Pennsylvania 
Avenue, NW., Washington, D.C. 20580. Comments containing confidential 
material must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with Commission Rule 4.9(c). 16 CFR 
4.9(c) (2005).\1\ The FTC is requesting that any comment filed in paper 
form be sent by courier or overnight service, if possible, because U.S. 
postal mail in the Washington area and at the Commission is subject to 
delay due to heightened security precautions. Comments that do not 
contain any nonpublic information may instead be filed in electronic 
form as part of or as an attachment to email messages directed to the 
following e-mail box: consentagreement@ftc.gov.
---------------------------------------------------------------------------

    \1\ The comment must be accompanied by an explicit request for 
confidential treatment, including the factual and legal basis for 
the request, and must identify the specific portions of the comment 
to be withheld from the public record. The request will be granted 
or denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See Commission Rule 4.9(c), 
16 CFR 4.9(c).
---------------------------------------------------------------------------

    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments, whether filed 
in paper or electronic form, will be considered by the Commission, and 
will be available to the public on the FTC Web site, to the extent 
practicable, at http://.www.ftc.gov. As a matter of discretion, the FTC 
makes every effort to remove home contact information for individuals 
from the public comments it receives before placing those comments on 
the FTC website. More information, including routine uses permitted by 
the Privacy Act, may be found in the FTC's privacy policy, at http://
www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Rebecca E. Kuehn, Bureau of Consumer 
Protection, 600 Pennsylvania Avenue, NW., Washington, DC 20580, (201) 
326-2252.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec.  2.34 of 
the Commission Rules of Practice, 16 CFR 2.34, notice is

[[Page 55212]]

hereby given that the above-captioned consent agreement containing a 
consent order to cease and desist, having been filed with and accepted, 
subject to final approval, by the Commission, has been placed on the 
public record for a period of thirty (30) days. The following Analysis 
to Aid Public Comment describes the terms of the consent agreement, and 
the allegations in the complaint. An electronic copy of the full text 
of the consent agreement package can be obtained from the FTC Home Page 
(for September 17, 2007), on the World Wide Web, at http://www.ftc.gov/
os/2007/09/index.htm. A paper copy can be obtained from the FTC Public 
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW., Washington, 
DC 20580, either in person or by calling (202) 326-2222.
    Public comments are invited, and may be filed with the Commission 
in either paper or electronic form. All comments should be filed as 
prescribed in the ADDRESSES section above, and must be received on or 
before the date specified in the DATES section.

Analysis of Agreement Containing Consent Order to Aid Public Comment

    The Federal Trade Commission has accepted, subject to final 
approval, an agreement containing a consent order from Ingenix, Inc. 
(``respondent'' or ``Ingenix'').
    The proposed consent order has been placed on the public record for 
thirty (30) days for receipt of comments by interested persons. 
Comments received during this period will become part of the public 
record. After thirty (30) days, the Commission will again review the 
agreement and the comments received, and will decide whether it should 
withdraw from the agreement or make final the agreement's proposed 
order.
    Ingenix markets MedPoint, a data aggregation service that provides 
individual medical profiles to health and life insurance companies. 
Insurance companies use MedPoint for underwriting or claims review 
purposes. The medical profile generated by MedPoint analyzes the 
individual's prescription drug history, and provides, based on that 
analysis, potential medical conditions that may be present and 
predictive scores for the individual.
    The Commission's complaint alleges that the medical profile 
generated for the MedPoint service is a consumer report and that 
respondent is a consumer reporting agency, as those terms are defined 
in Sections 603(d) and (f) of the Fair Credit Reporting Act, 15 U.S.C. 
Sec. Sec.  1681a(d) and (f). The complaint alleges that the 
respondent's failure to provide the ``Notice To Users of Consumer 
Reports: Obligations of Users Under the FCRA'' (``Notice to Users''), 
the required content of which is found in 16 CFR 698, Appendix H, is a 
violation of Section 607(d) of the Fair Credit Reporting Act, 15 U.S.C. 
Sec.  1681e(d).
    The proposed consent order contains provisions designed to prevent 
respondent from engaging in similar acts and practices in the future.
    Part I of the proposed order requires respondent to provide the 
Notice To Users to any user or prospective user of any medical profile 
generated by MedPoint that constitutes a consumer report, or of any 
other consumer report.
    Part II.A. of the proposed order requires respondent to maintain or 
continue to maintain reasonable procedures to limit the furnishing of 
consumer reports to those with a permissible purpose, as required by 
Section 607(a) of the Fair Credit Reporting Act, 15 U.S.C. Sec.  
1681e(a).
    Part II.B. of the proposed order requires respondent to follow or 
continue to follow reasonable procedures to assure maximum possible 
accuracy of the information concerning the individuals about whom the 
reports relates, as required by Section 607(b) of the Fair Credit 
Reporting Act, 15 U.S.C. Sec.  1681e(b).
    Part II.C. of the proposed order requires respondent to maintain or 
continue to maintain reasonable procedures to ensure compliance with 
Section 611 of the Fair Credit Reporting Act, 15 U.S.C. Sec.  1681i, 
``Procedure in case of disputed accuracy.''
    Part II.D. of the proposed order requires respondent to conduct or 
continue to conduct a reasonable reinvestigation in cases of disputed 
accuracy, as required by Section 611 of the Fair Credit Reporting Act, 
15 U.S.C. Sec.  1681i.
    Part II.E. of the proposed order requires respondent to comply or 
continue to comply with the Disposal of Consumer Report Information and 
Records Rule, 16 C.F.R. Part 682.
    Part III of the proposed order contains a document retention 
requirement. It requires respondent to maintain and upon request make 
available to the Commission for inspection and copying documents 
demonstrating compliance with the requirements of Parts I and II of the 
proposed order.
    Part IV of the proposed order requires respondent to distribute 
copies of the order to various principals, officers, directors, and 
managers, employees, agents, and representatives having decision-making 
responsibilities with respect to MedPoint or any other consumer report.
    Part V of the proposed order requires respondent to notify the 
Commission of any changes in corporate structure that might affect 
compliance with the order.
    Part VI of the proposed order requires respondent to file with the 
Commission one or more reports detailing its compliance with the order.
    Part VII of the proposed order is a ``sunset'' provision, dictating 
the conditions under which the order will terminate twenty years from 
the date it is issued or twenty years after a complaint is filed in 
federal court, by either the United States or the FTC, alleging any 
violation of the order.
    The purpose of this analysis is to facilitate public comment on the 
proposed order. It is not intended to constitute an official 
interpretation of the proposed order or to modify in any way its terms.
    By direction of the Commission.

Donald S. Clark,
Secretary.
[FR Doc. E7-19152 Filed 9-27-07: 8:45 am]
[Billing Code: 6750-01-S]