Federal Register, Volume 75, Number 18, January 28, 2010, Pages 4469-4682 Page: 4,677

                                
Federal Register/Vol. 75, No. 18/Thursday, January 28, 2010/Rules and Regulations

medicine and osteopathy engaged in the
practice of medicine or surgery in the
area and who are representative of the
practicing physicians in the area,
designated by the Secretary under
section 1153, with respect to which the
entity shall perform services under this
part, or
(2) Has available to it, by arrangement
or otherwise, the services of a sufficient
number of licensed doctors of medicine
or osteopathy engaged in the practice of
medicine or surgery in such area to
assure that adequate peer review of the
services provided by the various
medical specialties and subspecialties
can be assured;
(b) Is able, in the judgment of the
Secretary, to perform review functions
required under section 1154 in a
manner consistent with the efficient and
effective administration of this part and
to perform reviews of the pattern of
quality of care in an area of medical
practice where actual performance is
measured against objective criteria
which define acceptable and adequate
practice; and
(c) Has at least one individual who is
a representative of consumers on its
governing body.
Voluntary surrender of license means
a surrender made after a notification of
investigation or a formal official request
by a State licensing authority for a
health care practitioner, physician,
dentist, or entity to surrender a license.
The definition also includes those
instances where a health care
practitioner, physician, dentist, or entity
voluntarily surrenders a license in
exchange for a decision by the licensing
authority to cease an investigation or
similar proceeding, or in return for not
conducting an investigation or
proceeding, or in lieu of a disciplinary
action.
5. Subpart B is revised as set forth
below:
Subpart B-Reporting of Information
60.4 How information must be reported.
60.5 When information must be reported.
60.6 Reporting errors, omissions, and
revisions.
60.7 Reporting medical malpractice
payments.
60.8 Reporting licensure actions taken by
Boards of Medical Examiners.
60.9 Reporting licensure actions taken by
States.
60.10 Reporting negative actions or findings
taken by peer review organizations or
private accreditation entities.
60.11 Reporting adverse actions on clinical

privileges.

Subpart B-Reporting of Information
60.4 How information must be reported.
Information must be reported to the
NPDB or to a Board of Medical
Examiners as required under  60.7,
60.8, and 60.11 in such form and
manner as the Secretary may prescribe.
60.5 When information must be reported.
Information required under  60.7,
60.8, and 60.11 must be submitted to the
NPDB within 30 days following the
action to be reported, beginning with
actions occurring on or after September
1, 1990, and information required under
 60.9 and 60.10 must be submitted to
the NPDB within 30 days following the
action to be reported, beginning with
actions occurring on or after January 1,
1992, as follows:
(a) Malpractice Payments ( 60.7).
Persons or entities must submit
information to the NPDB within 30 days
from the date that a payment, as
described in  60.7, is made. If required
under  60.7, this information must be
submitted simultaneously to the
appropriate State licensing board.
(b) Licensure Actions ( 60.8 and
 60.9). The Board of Medical Examiners
or other licensing or certifying authority
of a State must submit information
within 30 days from the date the
licensure action was taken.
(c) Negative Action or Finding
( 60.10). Peer review organizations, or
private accreditation entities must
report any negative actions or findings
to the State within 15 days from the date
the action was taken or the finding was
made. Each State, through the adopted
system of reporting, must submit to the
NPDB the information received from the
peer review organization or private
accreditation entity within 15 days from
the date on which it received this
information.
(d) Adverse Actions ( 60.11). A
health care entity must report an
adverse action to the Board within 15
days from the date the adverse action
was taken. The Board must submit the
information received from a health care
entity within 15 days from the date on
which it received this information. If
required under  60.11, this information
must be submitted by the Board
simultaneously to the appropriate State
licensing board in the State in which the
health care entity is located, if the Board
is not such licensing Board.
60.6 Reporting errors, omissions, and
revisions.
(a) Persons and entities are
responsible for the accuracy of
information which they report to the

NPDB. If errors or omissions are found

after information has been reported, the
person or entity which reported it must
send an addition or correction to the
NPDB or, in the case of reports made
under  60.11, to the Board of Medical
Examiners, as soon as possible.
(b) An individual or entity which
reports information on licensure,
negative actions or findings or clinical
privileges under  60.8, 60.9, 60.10, or
60.11 must also report any revision of
the action originally reported. Revisions
include reversal of a professional review
action or reinstatement of a license.
Revisions are subject to the same time
constraints and procedures of  60.5,
60.8, 60.9, 60.10, and 60.11, as
applicable to the original action which
was reported.
(Approved by the Office of Management
and Budget under control number 0915-
0126)
60.7 Reporting medical malpractice
payments.
(a) Who must report. Each entity,
including an insurance company, which
makes a payment under an insurance
policy, self-insurance, or otherwise, for
the benefit of a physician, dentist or
other health care practitioner in
settlement of or in satisfaction in whole
or in part of a claim or a judgment
against such physician, dentist, or other
health care practitioner for medical
malpractice, must report information as
set forth in paragraph (b) of this section
to the NPDB and to the appropriate
State licensing board(s) in the State in
which the act or omission upon which
the medical malpractice claim was
based. For purposes of this section, the
waiver of an outstanding debt is not
construed as a "payment" and is not
required to be reported.
(b) What information must be
reported. Entities described in
paragraph (a) of this section must report
the following information:
(1) With respect to the physician,
dentist or other health care practitioner
for whose benefit the payment is
made-
(i) Name,
(ii) Work address,
(iii) Home address, if known,
(iv) Social Security Number, if
known, and if obtained in accordance
with section 7 of the Privacy Act of 1974
(5 U.S.C. 552a note),
(v) Date of birth,
(vi) Name of each professional school
attended and year of graduation,
(vii) For each professional license: the
license number, the field of licensure,
and the name of the State or Territory

in which the license is held,

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