Policy Regarding Participation in National Practitioner Data Bank

This document amends our regulations regarding reporting of health care practitioners to the National Practitioner Data Bank (NPDB). We are amending the provisions concerning malpractice payment reporting by delegating the underlying decision-making to malpractice payment review panels; by delegating the actual reporting authority to facility directors and the Chief Patient Care Services Officer; by establishing new procedures for obtaining information from affected health care practitioners and others; and by establishing medical reporting criteria for licensed trainees and supervisory health care professionals. We also are amending the regulations concerning malpractice payment reporting and clinical privileges actions reporting by stating that reporting may not be the subject of negotiated settlements and that independent contractors acting on behalf of the Department of Veterans Affairs (VA) are subject to the NPDB reporting provisions. These amendments are necessary to make the reporting process more efficient and fair and to ensure that reporting is accomplished in accordance with the statutory framework.