Subject Requests Correction:
When the HIPDB processes a report, a Notification of a Report in the Data Bank(s) is sent to the subject. The subject should review the report for accuracy and, if any information is incomplete or incorrect, contact the reporting entity and ask that it file a Correction. The reporting entity is responsible for the accuracy of the information in a report and must make any necessary changes. Neither the subject nor the HIPDB are permitted to make changes to the information in a report.
If the reporting entity declines to change the report, the subject may initiate a dispute of the report through the HIPDB dispute process, add a statement to the report, or both.
Subject Adds Statement:The subject of a HIPDB report may add a statement to the report at any time through the on-line Report Response Service. Statement length is limited to 4,000 characters including spaces and punctuation, and the statement must not include any patient names.
When the HIPDB processes a statement, notification of the statement is sent to all entities who received the report within the past three years and will also be included with the report whenever it is disclosed in the future.
A statement is part of the specific report for which it is filed. If the reporting entity changes the report, the statement attached to the report will stay with the report. If the subject wants the statement removed from the new report, the subject must remove the statement.
Subject Initiates Dispute:The subject of a HIPDB report may dispute either the factual accuracy of the report or whether the report was submitted in accordance with HIPDB reporting requirements. Disputes must be initiated through the on-line Report Response Service. The subject, however, may not use the dispute process to challenge either the underlying reasons for the reported adverse action or the appropriateness of the adverse action itself.
If the subject believes the information in a report is factually inaccurate or should not have been reported, the subject must try to resolve the disagreement directly with the reporting entity. Changes to the report may be submitted by the reporting entity only.
When the HIPDB processes a dispute, notification of the dispute is sent to all entities who received the report within the past three years and will also be included with the report whenever it is disclosed in the future.
A dispute is part of the specific report for which it is filed. If the reporting entity changes the report, the dispute notation will stay with the report. The subject may withdraw the dispute at any time.
Subject Requests Secretarial Review:If the reporting entity declines to change the disputed report or takes no action, the subject may request that the Secretary of HHS review the report.
To request Secretarial Review of a disputed report, the subject must do so on-line, through the Report Response Service. Please note that any accompanying documentation must be sent to the HIPDB, not directly to the Secretary of HHS. The subject also must:
State clearly and briefly in writing which facts are in dispute and what the subject believes are the facts.
Submit documentation substantiating that the reporting entity's information is inaccurate. Documentation must directly relate to the facts in dispute and substantially contribute to the determination of the factual accuracy of the report. Documentation may not exceed 10 pages, including attachments and exhibits. More documentation will be requested if it is necessary for proper resolution of the matter.
Submit proof that the subject attempted to resolve the dispute with the reporting entity but was unsuccessful. Proof may be a copy of the subject's correspondence to the reporting entity and the entity's response, if any.
The Secretary will review disputed reports for accuracy of factual information only and to ensure that the information was required to be reported. The Secretary will not review either the underlying reasons for the reported adverse action or the appropriateness of the adverse action itself.
The subject should wait at least 30 days after the date of initiating a dispute before requesting a Secretarial Review in order to allow the reporting entity sufficient time to respond.
All correspondence regarding the Secretarial Review must be sent to the HIPDB, not directly to the Secretary.
Report Accurate as Submitted:If the Secretary concludes that the disputed report is accurate, the Secretary will send an explanation of the decision to the subject. The subject may then submit a statement that will be added to the report. The statement may not exceed 4,000 characters, including spaces and punctuation, and will replace any statement the subject submitted previously.
The subject of the report, the reporting entity, and all entities who received notice of the disputed report within the past three years will receive a Report Revised, Voided, or Status Changed document containing the Secretary's explanation and the subject's statement. The subject's statement will be included whenever the report is disclosed in the future.
Report Inaccurate as Submitted:If the Secretary concludes that the disputed report is inaccurate, the Secretary will direct the HIPDB to correct the information in the report.
If the Secretary concludes that the disputed report was submitted in error, the Secretary will direct that the report be voided from the HIPDB.
The subject of the report, the reporting entity, and all entities who received notice of the disputed report within the past three years will receive a Report Revised, Voided, or Status Changed document informing them that the report has either been corrected or voided.
Issues in Dispute Outside Secretarial Review:If the Secretary concludes that the issue in dispute is outside the scope of review, the Secretary will direct the HIPDB to add an entry to that effect to the report and to remove the dispute notation. The subject may then submit a statement that will be added to the report. The statement is limited to 4,000 characters, including spaces and punctuation, and will replace any statement the subject submitted previously. If no new subject statement is received, any existing statement previously submitted by the subject is maintained as part of the report record.
The subject of the report, the reporting entity, and all entities who received notice of the disputed report within the past three years will receive a Report Revised, Voided, or Status Changed document informing them of the Secretary's decision.