{"identifier":"/us/usc/t42/s1320a\u20137e","title":42,"num":"\u00a7\u202f1320a\u20137e.","heading":"Health care fraud and abuse data collection program","text":"\u00a7\u202f1320a\u20137e.\nHealth care fraud and abuse data collection program\n(a)\nIn general\nThe Secretary shall maintain a national health care fraud and abuse data collection program under this section for the reporting of certain final adverse actions (not including settlements in which no findings of liability have been made) against health care providers, suppliers, or practitioners as required by subsection (b), with access as set forth in subsection (d), and shall furnish the information collected under this section to the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (\n42 U.S.C. 11101\n(b)\nReporting of information\n(1)\nIn general\nEach Government agency and health plan shall report any final adverse action (not including settlements in which no findings of liability have been made) taken against a health care provider, supplier, or practitioner.\n(2)\nInformation to be reported\nThe information to be reported under paragraph (1) includes:\n(A) The name and TIN (as defined in section 7701(a)(41) of the Internal Revenue Code of 1986) of any health care provider, supplier, or practitioner who is the subject of a final adverse action.\n(B) The name (if known) of any health care entity with which a health care provider, supplier, or practitioner, who is the subject of a final adverse action, is affiliated or associated.\n(C) The nature of the final adverse action and whether such action is on appeal.\n(D) A description of the acts or omissions and injuries upon which the final adverse action was based, and such other information as the Secretary determines by regulation is required for appropriate interpretation of information reported under this section.\n(3)\nConfidentiality\nIn determining what information is required, the Secretary shall include procedures to assure that the privacy of individuals receiving health care services is appropriately protected.\n(4)\nTiming and form of reporting\nThe information required to be reported under this subsection shall be reported regularly (but not less often than monthly) and in such form and manner as the Secretary prescribes. Such information shall first be required to be reported on a date specified by the Secretary.\n(5)\nTo whom reported\nThe information required to be reported under this subsection shall be reported to the Secretary.\n(6)\nSanctions for failure to report\n(A)\nHealth plans\nAny health plan that fails to report information on an adverse action required to be reported under this subsection shall be subject to a civil money penalty of not more than $25,000 for each such adverse action not reported. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of\nsection 1320a\u20137a of this title\n(B)\nGovernmental agencies\nThe Secretary shall provide for a publication of a public report that identifies those Government agencies that have failed to report information on adverse actions as required to be reported under this subsection.\n(c)\nDisclosure and correction of information\n(1)\nDisclosure\nWith respect to the information about final adverse actions (not including settlements in which no findings of liability have been made) reported to the Secretary under this section with respect to a health care provider, supplier, or practitioner, the Secretary shall, by regulation, provide for\u2014\n(A) disclosure of the information, upon request, to the health care provider, supplier, or licensed practitioner, and\n(B) procedures in the case of disputed accuracy of the information.\n(2)\nCorrections\nEach Government agency and health plan shall report corrections of information already reported about any final adverse action taken against a health care provider, supplier, or practitioner, in such form and manner that the Secretary prescribes by regulation.\n(d)\nAccess to reported information\n(1)\nAvailability\nThe information collected under this section shall be available from the National Practitioner Data Bank to the agencies, authorities, and officials which are provided under\nsection 1396r\u20132(b) of this title\nsection 1396r\u20132(a) of this title\n(2)\nFees for disclosure\nThe Secretary may establish or approve reasonable fees for the disclosure of information under this section. The amount of such a fee may not exceed the costs of processing the requests for disclosure and of providing such information. Such fees shall be available to the Secretary to cover such costs.\n(e)\nProtection from liability for reporting\nNo person or entity, including the agency designated by the Secretary in subsection (b)(5) shall be held liable in any civil action with respect to any report made as required by this section, without knowledge of the falsity of the information contained in the report.\n(f)\nAppropriate coordination\nIn implementing this section, the Secretary shall provide for the maximum appropriate coordination with part B of the Health Care Quality Improvement Act of 1986 (\n42 U.S.C. 11131\nsection 1396r\u20132 of this title\n(g)\nDefinitions and special rules\nFor purposes of this section:\n(1)\nFinal adverse action\n(A)\nIn general\nThe term \u201cfinal adverse action\u201d includes:\n(i) Civil judgments against a health care provider, supplier, or practitioner in Federal or State court related to the delivery of a health care item or service.\n(ii) Federal or State criminal convictions related to the delivery of a health care item or service.\n(iii) Actions by Federal agencies responsible for the licensing and certification of health care providers, suppliers, and licensed health care practitioners, including\u2014\n(I) formal or official actions, such as revocation or suspension of a license (and the length of any such suspension), reprimand, censure or probation,\n(II) any dismissal or closure of the proceedings by reason of the provider, supplier, or practitioner surrendering their license or leaving the State or jurisdiction\n1\n1 So in original. Probably should be followed by a comma.\n(III) any other loss of license or the right to apply for, or renew, a license of the provider, supplier, or practitioner, whether by operation of law, voluntary surrender, non-renewability, or otherwise, or\n(IV) any other negative action or finding by such Federal agency that is publicly available information.\n(iv) Exclusion from participation in a Federal health care program (as defined in\nsection 1320a\u20137b(f) of this title\n(v) Any other adjudicated actions or decisions that the Secretary shall establish by regulation.\n(B)\nException\nThe term does not include any action with respect to a malpractice claim.\n(2)\nPractitioner\nThe terms \u201clicensed health care practitioner\u201d, \u201clicensed practitioner\u201d, and \u201cpractitioner\u201d mean, with respect to a State, an individual who is licensed or otherwise authorized by the State to provide health care services (or any individual who, without authority holds himself or herself out to be so licensed or authorized).\n(3)\nGovernment agency\nThe term \u201cGovernment agency\u201d shall include:\n(A) The Department of Justice.\n(B) The Department of Health and Human Services.\n(C) Any other Federal agency that either administers or provides payment for the delivery of health care services, including, but not limited to the Department of Defense and the Department of Veterans Affairs.\n(D) Federal agencies responsible for the licensing and certification of health care providers and licensed health care practitioners.\n(4)\nHealth plan\nThe term \u201chealth plan\u201d has the meaning given such term by\nsection 1320a\u20137c(c) of this title\n(5)\nDetermination of conviction\nFor purposes of paragraph (1), the existence of a conviction shall be determined under paragraphs (1) through (4) of\nsection 1320a\u20137(i) of this title","url":"https://projectusc.org/usc/t42/s1320a\u20137e.html","content":[{"t":"sec","id":"/us/usc/t42/s1320a\u20137e","children":[{"t":"num","text":"\u00a7\u202f1320a\u20137e."},{"t":"heading","text":"Health care fraud and abuse data collection program"},{"t":"subsec","id":"/us/usc/t42/s1320a\u20137e/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Secretary shall maintain a national health care fraud and abuse data collection program under this section for the reporting of certain final adverse actions (not including settlements in which no findings of liability have been made) against health care providers, suppliers, or practitioners as required by subsection (b), with access as set forth in subsection (d), and shall furnish the information collected under this section to the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (","children":[{"t":"ref","text":"42 U.S.C. 11101","href":"/us/usc/t42/s11101","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320a\u20137e/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Reporting of information"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Each Government agency and health plan shall report any final adverse action (not including settlements in which no findings of liability have been made) taken against a health care provider, supplier, or practitioner.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Information to be reported"},{"t":"chapeau","text":"The information to be reported under paragraph (1) includes:"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The name and TIN (as defined in section 7701(a)(41) of the Internal Revenue Code of 1986) of any health care provider, supplier, or practitioner who is the subject of a final adverse action.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" The name (if known) of any health care entity with which a health care provider, supplier, or practitioner, who is the subject of a final adverse action, is affiliated or associated.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/b/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" The nature of the final adverse action and whether such action is on appeal.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/b/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" A description of the acts or omissions and injuries upon which the final adverse action was based, and such other information as the Secretary determines by regulation is required for appropriate interpretation of information reported under this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Confidentiality"},{"t":"content","children":[{"t":"p","text":"In determining what information is required, the Secretary shall include procedures to assure that the privacy of individuals receiving health care services is appropriately protected.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Timing and form of reporting"},{"t":"content","children":[{"t":"p","text":"The information required to be reported under this subsection shall be reported regularly (but not less often than monthly) and in such form and manner as the Secretary prescribes. Such information shall first be required to be reported on a date specified by the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/b/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"To whom reported"},{"t":"content","children":[{"t":"p","text":"The information required to be reported under this subsection shall be reported to the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/b/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Sanctions for failure to report"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/b/6/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Health plans"},{"t":"content","children":[{"t":"p","text":"Any health plan that fails to report information on an adverse action required to be reported under this subsection shall be subject to a civil money penalty of not more than $25,000 for each such adverse action not reported. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of ","children":[{"t":"ref","text":"section 1320a\u20137a of this title","href":"/us/usc/t42/s1320a\u20137a","tail":" are imposed and collected under that section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/b/6/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Governmental agencies"},{"t":"content","children":[{"t":"p","text":"The Secretary shall provide for a publication of a public report that identifies those Government agencies that have failed to report information on adverse actions as required to be reported under this subsection.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320a\u20137e/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Disclosure and correction of information"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Disclosure"},{"t":"chapeau","text":"With respect to the information about final adverse actions (not including settlements in which no findings of liability have been made) reported to the Secretary under this section with respect to a health care provider, supplier, or practitioner, the Secretary shall, by regulation, provide for\u2014"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" disclosure of the information, upon request, to the health care provider, supplier, or licensed practitioner, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" procedures in the case of disputed accuracy of the information.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Corrections"},{"t":"content","children":[{"t":"p","text":"Each Government agency and health plan shall report corrections of information already reported about any final adverse action taken against a health care provider, supplier, or practitioner, in such form and manner that the Secretary prescribes by regulation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320a\u20137e/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Access to reported information"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Availability"},{"t":"content","children":[{"t":"p","text":"The information collected under this section shall be available from the National Practitioner Data Bank to the agencies, authorities, and officials which are provided under ","children":[{"t":"ref","text":"section 1396r\u20132(b) of this title","href":"/us/usc/t42/s1396r\u20132/b","tail":" information reported under "},{"t":"ref","text":"section 1396r\u20132(a) of this title","href":"/us/usc/t42/s1396r\u20132/a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Fees for disclosure"},{"t":"content","children":[{"t":"p","text":"The Secretary may establish or approve reasonable fees for the disclosure of information under this section. The amount of such a fee may not exceed the costs of processing the requests for disclosure and of providing such information. Such fees shall be available to the Secretary to cover such costs.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320a\u20137e/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Protection from liability for reporting"},{"t":"content","children":[{"t":"p","text":"No person or entity, including the agency designated by the Secretary in subsection (b)(5) shall be held liable in any civil action with respect to any report made as required by this section, without knowledge of the falsity of the information contained in the report.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320a\u20137e/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Appropriate coordination"},{"t":"content","children":[{"t":"p","text":"In implementing this section, the Secretary shall provide for the maximum appropriate coordination with part B of the Health Care Quality Improvement Act of 1986 (","children":[{"t":"ref","text":"42 U.S.C. 11131","href":"/us/usc/t42/s11131","tail":" et seq.) and "},{"t":"ref","text":"section 1396r\u20132 of this title","href":"/us/usc/t42/s1396r\u20132","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320a\u20137e/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Definitions and special rules"},{"t":"chapeau","text":"For purposes of this section:"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/g/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Final adverse action"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/g/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201cfinal adverse action\u201d includes:"},{"t":"clause","id":"/us/usc/t42/s1320a\u20137e/g/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" Civil judgments against a health care provider, supplier, or practitioner in Federal or State court related to the delivery of a health care item or service.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1320a\u20137e/g/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" Federal or State criminal convictions related to the delivery of a health care item or service.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1320a\u20137e/g/1/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"chapeau","text":" Actions by Federal agencies responsible for the licensing and certification of health care providers, suppliers, and licensed health care practitioners, including\u2014"},{"t":"subclause","id":"/us/usc/t42/s1320a\u20137e/g/1/A/iii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" formal or official actions, such as revocation or suspension of a license (and the length of any such suspension), reprimand, censure or probation,","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1320a\u20137e/g/1/A/iii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" any dismissal or closure of the proceedings by reason of the provider, supplier, or practitioner surrendering their license or leaving the State or jurisdiction\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be followed by a comma."},{"t":"text","text":"\u202fSo in original. Probably should be followed by a comma."}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1320a\u20137e/g/1/A/iii/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" any other loss of license or the right to apply for, or renew, a license of the provider, supplier, or practitioner, whether by operation of law, voluntary surrender, non-renewability, or otherwise, or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1320a\u20137e/g/1/A/iii/IV","children":[{"t":"num","text":"(IV)"},{"t":"content","text":" any other negative action or finding by such Federal agency that is publicly available information.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1320a\u20137e/g/1/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" Exclusion from participation in a Federal health care program (as defined in ","children":[{"t":"ref","text":"section 1320a\u20137b(f) of this title","href":"/us/usc/t42/s1320a\u20137b/f","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1320a\u20137e/g/1/A/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" Any other adjudicated actions or decisions that the Secretary shall establish by regulation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/g/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exception"},{"t":"content","children":[{"t":"p","text":"The term does not include any action with respect to a malpractice claim.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/g/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Practitioner"},{"t":"content","children":[{"t":"p","text":"The terms \u201clicensed health care practitioner\u201d, \u201clicensed practitioner\u201d, and \u201cpractitioner\u201d mean, with respect to a State, an individual who is licensed or otherwise authorized by the State to provide health care services (or any individual who, without authority holds himself or herself out to be so licensed or authorized).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/g/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Government agency"},{"t":"chapeau","text":"The term \u201cGovernment agency\u201d shall include:"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/g/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The Department of Justice.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/g/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" The Department of Health and Human Services.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/g/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Any other Federal agency that either administers or provides payment for the delivery of health care services, including, but not limited to the Department of Defense and the Department of Veterans Affairs.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320a\u20137e/g/3/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" Federal agencies responsible for the licensing and certification of health care providers and licensed health care practitioners.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/g/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Health plan"},{"t":"content","children":[{"t":"p","text":"The term \u201chealth plan\u201d has the meaning given such term by ","children":[{"t":"ref","text":"section 1320a\u20137c(c) of this title","href":"/us/usc/t42/s1320a\u20137c/c","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320a\u20137e/g/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Determination of conviction"},{"t":"content","children":[{"t":"p","text":"For purposes of paragraph (1), the existence of a conviction shall be determined under paragraphs (1) through (4) of ","children":[{"t":"ref","text":"section 1320a\u20137(i) of this title","href":"/us/usc/t42/s1320a\u20137/i","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}