Dispute Process and Secretarial Review
Frequently Asked Questions (FAQ)

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

    After a report is submitted to the Data Banks, a practitioner, provider, or supplier, who is the subject of a report, may at any time, dispute the factual accuracy of the information in the report. They may dispute the accuracy of 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, which is a formal determination by the U.S. Department of Health and Human Services (HHS) as to whether the report is reportable under the law, accurate, and submitted by an eligible entity. Once a dispute is processed, and until the dispute is decided or resolved, all future queriers and all queriers who previously received the report will receive notification that the report is in dispute.

    The fact that a report is marked as "disputed" only means that the subject of the report disagrees with the report. Initiating a dispute does not trigger an investigation by HHS, 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 (names, addresses, phone numbers, etc.) in your statement. Once a statement is processed, it is forwarded to all queriers who received the report within the last three years. Your statement 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 Banks). 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 Banks report concerning them?

    Yes. Whenever the Data Banks receives a new report or a revised, corrected, or voided report, the Data Banks sends a Subject Notification Document (SND) to the subject of the report using the address supplied by the reporting entity. If an SND is returned to the Data Bank(s) by the post office as undeliverable, that information 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 the U.S. Department of Health and Human Services (HHS) review the report. The Secretary can only review the report for the factual accuracy of the action described in a report and whether the report was submitted in accordance with Data Banks reporting requirements (e.g., whether it concerns a reportable event) or whether the entity that filed the report was eligible to register with the Data Banks and report. 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 Banks.

    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.)

  6. In the Report Response Service, I notice an option to provide my e-mail address to the Data Banks. What does the Data Banks do with this information?

    The Data Banks would like to be able to notify you (via e-mail) when newsletters are available and system improvements occur. If you would like to receive the Data Banks e-newsletter, specify your e-mail address when in the Report Response Service. You may also send an e-mail to enewsletter-rrs-subscribe@npdb-hipdb.hrsa.gov. We do not share e-mail addresses provided to us through our Web site with other parties. You will have the opportunity to opt out of future messages with each e-mail you receive from the NPDB-HIPDB.

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Last revised September 2008