The data bank contains confidential information on malpractice awards and regulatory sanctions against physicians and other providers. Previously, HRSA released public use files with aggregate information from the databank that did not identify individual practitioners.
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In September, HRSA shut down that public access following reports that the media “triangulated” the confidential data with court records to find out otherwise classified information. The move sparked criticism from journalists’ groups as well as Sen. Charles Grassley (R-Iowa).
HRSA put the data bank back online but with a new “data use agreement” that all users must review and agree to before accessing the files. Under the agreement, HRSA requires that the data only be used for statistical analysis in accordance to the NPDB statute. The agreement also prohibits its use in a way that identifies a provider. HRSA will ask those who do not comply for the data to be “returned.”
Sen. Grassley has swiftly slammed HRSA and its new data use agreement:
“HRSA is overreaching and interpreting the law in a way that restricts the use of the information much more than the law specifies,” he said. “Nowhere in the law does it say a reporter can’t use the data in the public use file to combine that with other sources and potentially identify doctors who have been disciplined in their practice of medicine.”
He has asked for legal experts to share their opinions on HRSA’s move.
Related Articles on the National Practitioner Data Bank:
Judge Stops Nevada Medical Board’s Ability to Report Negative Data on a Physician
Top 10 Compliance Findings Cited in Joint Commission Outpatient Surveys
