(a) Who must report. Federal and state attorneys and health plans must report civil judgments against health care practitioners, providers, or suppliers related to the delivery of a health care item or service (regardless of whether the civil judgment is the subject of a pending appeal). If a government agency is party to a multi-claimant civil judgment, it must assume the responsibility for reporting the entire action, including all amounts awarded to all the claimants, both public and private. If there is no government agency as a party, but there are multiple health plans as claimants, the health plan which receives the largest award must be responsible for reporting the total action for all parties.
(b) What information must be reported. Entities described in paragraph (a) of this section must report the information as required in § 60.13(b) of this part.
(c) What information may be reported, if known. Entities described in paragraph (a) of this section should report, if known the information as described in § 60.13(c) of this part.
(d) Access to documents. Each state must provide the Secretary (or an entity designated by the Secretary) with access to the documents underlying the actions described in paragraphs (a)(1) through (4) of this section, as may be necessary for the Secretary to determine the facts and circumstances concerning the actions and determinations for the purpose of carrying out section 1921.
(e) Sanctions for failure to report. Any health plan that fails to report information on a civil judgment required to be reported under this section will be subject to a civil money penalty (CMP) of not more than $25,000 for each such adverse action not reported. Such penalty will be imposed and collected in the same manner as CMPs under subsection (a) of section 1128A of the Social Security Act. The Secretary will provide for publication of a public report that identifies those government agencies that have failed to report information on civil judgments as required to be reported under this section.
Notes of Decisions
Doe v. Thompson (2004)
dcd · cites it 8×
“2 However, instead of reviewing the plaintiffs request pursuant to the Privacy Act, the DHHS responded by informing the plaintiff that the sole administrative remedy available to him was the procedures promulgated by the DHHS in 45 C.F.R. 60.14. 3 Id. ¶ 82 . Thus, on May 3,…”
Doe v. Leavitt (2009)
ca1 · cites it 2×
“See 45 C.F.R. § 60.14 . The decision in this case was a creature of this adjudicative process.”
Cuthbert O. Simpkins v. District of Columbia Government (1997)
cadc
“His first amended complaint added a claim that the defendants had violated 45 C.F.R. § 60.14 (a), a regulation stating that the “Secretary will routinely mail a copy of any report filed in the [Data Bank] to the subject individual.”
Agee v. United States (2006)
uscfc
“A physician can dispute the information in the NPDB as outlined in 45 C.F.R. § 60.14 via an administrative process.”
Ritten v. Lapeer Regional Medical Center (2009)
mied · cites it 2×
“Finally, apart from this question of malice, Defendants suggest that Plaintiffs claim of defamation arising from the National Practitioner Data Bank report is subject to dismissal for failure to exhaust administrative remedies, where a federal regulation, 45 C.F.R. § 60.14 ,…”
Simpkins v. Shalala (1998)
dcd · cites it 2×
“Pursuant to this requirement, HHS issued 45 C.F.R. § 60.14 , which describes how to dispute the accuracy of Data Bank information.”
Brown v. Medical College of Ohio (1999)
ohnd · cites it 2×
“Second, it argues that the HCQIA does not give physicians a private right of action to challenge an adverse report; Plaintiffs sole remedy is the administrative procedure outlined in 45 C.F.R. § 60.14 . The parties have briefed both the subject matter jurisdiction issue and the…”
Costa v. Leavitt (2006)
ned · cites it 2×
“” See 45 C.F.R. §§ 60.14 (b). If the reporting entity does not revise the reported information, the Secretary, upon request, will resolve the dispute by reviewing written submissions from both parties.”
Straznicky v. Desert Springs Hospital (2009)
nvd
“The Secretary has promulgated this procedure by regulation at 45 C.F.R. 60.14. As an adverse report includes a statement as to the basis for the action triggering the duty to report, an adverse report is inaccurate if a basis does not exist requiring a health care entity to file…”
— 45 C.F.R. § 60.14(a) — 1 case
— 45 C.F.R. § 60.14(b) — 1 case
Doe v. Thompson (2004)
dcd
“2 However, instead of reviewing the plaintiffs request pursuant to the Privacy Act, the DHHS responded by informing the plaintiff that the sole administrative remedy available to him was the procedures promulgated by the DHHS in 45 C.F.R. 60.14. 3 Id. ¶ 82 . Thus, on May 3,…”
— 45 C.F.R. § 60.14(c)(2) — 1 case
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