At any time after a report is submitted to the Data Banks, a
practitioner, provider, or supplier who is the subject of a report
may dispute the factual accuracy of the information in the report,
whether the report was submitted in accordance with the reporting
requirements, or whether the reporting entity was eligible to report
to the Data Bank(s). The subject of a report may not dispute a report
to protest a decision made by an insurer to settle a claim, or to appeal
the underlying reasons for an adverse action, or judgment or conviction.
The subject must attempt to resolve the disagreement directly with the
reporting entity before requesting Secretarial Review. Once a dispute is
processed, all future queriers and all queriers who previously received the
report will receive notification that the report is in dispute.
Initiating a dispute does not trigger an investigation by the
U.S. Department of Health and Human Services, although it is a
prerequisite for requesting Secretarial Review. A report that is placed in
dispute status remains in dispute status unless the subject of the report takes
another course of action, e.g., requests a Secretarial Review.
A report was submitted to the Data Bank about me.
Is there a way for me to provide my side of the story in a
Data Bank report?
Yes. You may add a 4,000 character statement that informs others
of your side of the story. Do not include identifying information
about patients or other persons in statements (names, addresses, phone numbers, etc.) about patients or other
persons in statements. Once a statement is processed, it is
forwarded to all queriers who received the report within the last
three years and will be included with the report when it is
disclosed to future queriers. Instructions for adding a
subject
statement or disputing a report can be found on
the document that you received notifying you of the
report (Notification of a Report in the Data Bank(s)).
Access the Report Response Service to dispute a report
and/or add a subject statement to a report.
(Also in General Information FAQ.)
Are practitioners notified of a Data Bank(s) report
concerning them?
Yes, when an Initial Report, Correction Report, or Revision-to-Action Report
is placed in the NPDB or HIPDB, the subject of the report will receive a
copy of the report by mail. The Data Banks will mail a copy of the report
to the subject's address as provided by the reporting entity. When the
Post Office returns a report for insufficient address, the Data Bank(s)
adds a note is added to the report along with the address to which the
subject's report was sent, the date it was sent, and an explanation
that the subject did not receive a copy of the report because it was
returned as undeliverable. If a non-delivered
report is not returned to the Data Banks by the post office, the Data Banks
is unable to add the non-deliverable notice. (Also in Reporting FAQ and General Information
FAQ.)
What is Secretarial Review and how do you do
it?
After the subject disputes a report,
if the reporting entity does not change the report or the subject
is not satisfied with the change, the subject of the report may request
that the Secretary of U.S. Department of Health and Human Services
(HHS) review the report. The Secretary can only review the report
for factual accuracy of the action described in a report and
whether the report was submitted in accordance with Data Bank
reporting requirements (e.g., whether it concerns a reportable event).
The instructions for filing a Secretarial Review can be found on
the document you received notifying you of the report.
How do I correct my address with the Data
Banks?
The Data Banks cannot change information submitted in reports; however,
if you have a report in the Data Banks, you may update your mailing
address by accessing the Report Response Service,
located on the
Data Banks home page. It is important to keep a current mailing
address on file to ensure you receive all communications from the Data Bank(s).
To ensure security, each Notification of a Report in the Data Banks
contains a unique password for access to the Report Response Service.
You must have this password and the Data Bank Control Number (DCN)
for the report in order to change your mailing address through the
Report Response Service. If you do not have this information,
contact the Customer Service
Center or call 1-800-767-6732. Information Specialists are available to speak
with you weekdays from 8:30 a.m. to 6:00 p.m. (5:30 p.m. on Fridays)
Eastern Time. The Customer Service Center is closed on all Federal holidays. (Also in
Self-Query FAQ and General Information FAQ.)