Milliman, Inc.; Analysis of Proposed Consent Order to Aid Public Comment, 55212-55214 [E7-19159]
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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 https://
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
Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices
jlentini on PROD1PC65 with NOTICES
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,
athttps://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 https://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
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 https://
www.ftc.gov/os/2007/09/index.htm. A
paper copy can be obtained from the
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).
VerDate Aug<31>2005
17:12 Sep 27, 2007
Jkt 211001
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 Milliman, Inc. (‘‘respondent’’ or
‘‘Milliman’’).
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.
Milliman markets IntelliScript, a data
aggregation service that provides
individual medical profiles, including
but not limited to prescription drug
purchase histories of insurance
applicants, to health and life insurance
companies. Insurance companies use
IntelliScript for underwriting or claims
review purposes. The medical profile
generated by IntelliScript analyzes the
individual’s prescription drug history,
and provides a ‘map’ of the risk levels
associated with each drug, based on
information provided by the insurer.
The Commission’s complaint alleges
that the medical profile generated for
the IntelliScript 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
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
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
55213
IntelliScript 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 officers, directors, and
managers, employees, agents, and
representatives having decision-making
responsibilities with respect to
IntelliScript 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
E:\FR\FM\28SEN1.SGM
28SEN1
55214
Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices
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.
Compensation Analysis and Support,
National Institute for Occupational
Safety and Health (NIOSH), 4676
Columbia Parkway, MS C–46,
Cincinnati, OH 45226, Telephone 513–
533–6800 (this is not a toll-free
number). Information requests can also
be submitted by e-mail to
OCAS@CDC.GOV.
Donald S. Clark,
Secretary.
[FR Doc. E7–19159 Filed 9–27–07: 8:45 am]
Dated: September 24, 2007.
John Howard,
Director, National Institute for Occupational
Safety and Health.
[FR Doc. E7–19297 Filed 9–27–07; 8:45 am]
Billing Code: 6750–01–S
BILLING CODE 4160–17–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institute for
Occupational Safety and Health
(NIOSH), Department of Health and
Human Services (HHS).
ACTION: Notice.
AGENCY:
jlentini on PROD1PC65 with NOTICES
Sheet metal workers, physical plant
maintenance and associated support staff
(including all maintenance shop personnel),
and supervisory staff who were monitored or
should have been monitored for potential
internal radiation exposures associated with
the maintenance and renovation activities of
the thorium production areas in Wilhelm
Hall (a.k.a. the Metallurgy Building or ‘‘Old’’
Metallurgy Building) at the Ames Laboratory
from January 1, 1955, through December 31,
1970, for a number of work days aggregating
at least 250 work days or in combination
with work days within the parameters
established for one or more other classes of
employees in the Special Exposure Cohort.
This designation will become
effective on October 12, 2007, unless
Congress provides otherwise prior to the
effective date. After this effective date,
HHS will publish a notice in the
Federal Register reporting the addition
of this class to the SEC or the result of
any provision by Congress regarding the
decision by HHS to add the class to the
SEC.
FOR FURTHER INFORMATION CONTACT:
Larry Elliott, Director, Office of
Jkt 211001
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institute for Occupational
Safety and Health; Designation of a
Class of Employees for Addition to the
Special Exposure Cohort
National Institute for
Occupational Safety and Health
(NIOSH), Department of Health and
Human Services (HHS).
ACTION: Notice.
AGENCY:
SUMMARY: The Department of Health and
Human Services (HHS) gives notice of a
decision to designate a class of
employees at the Ames Laboratory,
Ames, Iowa, as an addition to the
Special Exposure Cohort (SEC) under
the Energy Employees Occupational
Illness Compensation Program Act of
2000. On September 12, 2007, the
Secretary of HHS designated the
following class of employees as an
addition to the SEC:
17:12 Sep 27, 2007
Dated: September 24, 2007.
John Howard,
Director, National Institute for Occupational
Safety and Health.
[FR Doc. E7–19243 Filed 9–27–07; 8:45 am]
BILLING CODE 4160–17–P
National Institute for Occupational
Safety and Health; Designation of a
Class of Employees for Addition to the
Special Exposure Cohort
VerDate Aug<31>2005
FOR FURTHER INFORMATION CONTACT:
Larry Elliott, Director, Office of
Compensation Analysis and Support,
National Institute for Occupational
Safety and Health (NIOSH), 4676
Columbia Parkway, MS C–46,
Cincinnati, OH 45226, Telephone 513–
533–6800 (this is not a toll-free
number). Information requests can also
be submitted by e-mail to
OCAS@CDC.GOV.
SUMMARY: The Department of Health and
Human Services (HHS) gives notice of a
decision to designate a class of
employees at the Hanford Engineer
Works, Richland, Washington, as an
addition to the Special Exposure Cohort
(SEC) under the Energy Employees
Occupational Illness Compensation
Program Act of 2000. On September 12,
2007, the Secretary of HHS designated
the following class of employees as an
addition to the SEC:
Employees of the Department of Energy
(DOE), its predecessor agencies, or DOE
contractors or subcontractors who were
monitored or should have been monitored for
internal radiological exposures while
working at the Hanford Engineer Works in:
the 300 Area fuel fabrication and research
facilities from October 1, 1943 through
August 31, 1946; the 200 Area plutonium
separation facilities from November 1, 1944
through August 31, 1946; or the 100 B, D, and
F reactor areas from September 1, 1944
through August 31, 1946; for a number of
work days aggregating at least 250 work days
or in combination with work days within the
parameters established for one or more other
classes of employees in the Special Exposure
Cohort.
This designation will become effective
on October 12, 2007, unless Congress
provides otherwise prior to the effective
date. After this effective date, HHS will
publish a notice in the Federal Register
reporting the addition of this class to the
SEC or the result of any provision by
Congress regarding the decision by HHS
to add the class to the SEC.
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Healthcare Research and
Quality
AHRQ Health Care Innovations
Exchange
Agency for Healthcare Research
and Quality (AHRQ), HHS.
ACTION: Notice of Submission of
Innovations.
AGENCY:
SUMMARY: To support its objective of
accelerating the diffusion and adoption
of innovative health care delivery
changes, the Agency for Healthcare
Research and Quality (AHRQ) recently
launched version 1.0 of the AHRQ
Health Care Innovations Exchange
(HCIE) Web site, https://
www.innovations.ahrq.gov. The HCIE is
a new initiative designed to support
health care professionals in sharing and
adopting innovations that improve
health care quality. Version 1.0 of the
Web site is focused on stimulating
creativity and innovation and will serve
as a virtual place to which innovators
will be encouraged to submit their
innovations and experiences from
which potential adopters can begin
learning about the nuances of
implementation.
In Spring 2008, AHRQ will deploy
version 2.0 of its Health Care
Innovations Exchange site making
hundreds of profiles of health care
service innovations of varying degrees
of novelty and scientific rigor accessible
to the public. Version 2.0 will also offer
expert commentary; stories; tools;
lessons learned; ‘‘change packages’’—
sets of innovations implemented
simultaneously; expanded content on
implementation; and opportunities to
learn and network.
To build the database of innovations
profiles, AHRQ invites submissions of
E:\FR\FM\28SEN1.SGM
28SEN1
]]>Agencies
[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Notices]
[Pages 55212-55214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19159]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 062 3189]
Milliman, 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 ``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).
[[Page 55213]]
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, athttps://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 https://
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 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 https://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 Milliman, Inc.
(``respondent'' or ``Milliman'').
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.
Milliman markets IntelliScript, a data aggregation service that
provides individual medical profiles, including but not limited to
prescription drug purchase histories of insurance applicants, to health
and life insurance companies. Insurance companies use IntelliScript for
underwriting or claims review purposes. The medical profile generated
by IntelliScript analyzes the individual's prescription drug history,
and provides a `map' of the risk levels associated with each drug,
based on information provided by the insurer.
The Commission's complaint alleges that the medical profile
generated for the IntelliScript 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 IntelliScript 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 officers, directors, and managers,
employees, agents, and representatives having decision-making
responsibilities with respect to IntelliScript 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
[[Page 55214]]
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. E7-19159 Filed 9-27-07: 8:45 am]
Billing Code: 6750-01-S
