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Dispute Process and Secretarial Review
Frequently Asked Questions (FAQ)


See also:
  1. What does it mean to dispute a report?

    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.

  2. 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.)

  3. 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.)

  4. 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.

  5. 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.)


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Last revised March 2008
 
       

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