81_FR_71946 81 FR 71745 - Agency Information Collection Activities: Submission to OMB for Review and Approval; Public Comment Request; National Practitioner Data Bank Attestation of Reports by Hospitals, Medical Malpractice Payers, Health Plans, and Certain Other Health Care Entities

81 FR 71745 - Agency Information Collection Activities: Submission to OMB for Review and Approval; Public Comment Request; National Practitioner Data Bank Attestation of Reports by Hospitals, Medical Malpractice Payers, Health Plans, and Certain Other Health Care Entities

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration

Federal Register Volume 81, Issue 201 (October 18, 2016)

Page Range71745-71746
FR Document2016-25074

In compliance with Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, HRSA has submitted an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval. Comments submitted during the first public review of this ICR will be provided to OMB. OMB will accept further comments from the public during the review and approval period.

Federal Register, Volume 81 Issue 201 (Tuesday, October 18, 2016)
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Notices]
[Pages 71745-71746]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25074]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Agency Information Collection Activities: Submission to OMB for 
Review and Approval; Public Comment Request; National Practitioner Data 
Bank Attestation of Reports by Hospitals, Medical Malpractice Payers, 
Health Plans, and Certain Other Health Care Entities

AGENCY: Health Resources and Services Administration (HRSA), Department 
of Health and Human Services (HHS).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with Section 3507(a)(1)(D) of the Paperwork 
Reduction Act of 1995, HRSA has submitted an Information Collection 
Request (ICR) to the Office of Management and Budget (OMB) for review 
and approval. Comments submitted during the first public review of this 
ICR will be provided to OMB. OMB will accept further comments from the 
public during the review and approval period.

DATES: Comments on this ICR must be received no later than November 17, 
2016.

ADDRESSES: Submit your comments, including the ICR Title, to the desk 
officer for HRSA, either by email to [email protected] or by 
fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: To request a copy of the clearance 
requests submitted to OMB for review, email the HRSA Information 
Collection Clearance Officer at [email protected] or call (301) 443-
1984.

SUPPLEMENTARY INFORMATION:
    Information Collection Request Title: National Practitioner Data 
Bank (NPDB) Attestation of Reports by Hospitals, Medical Malpractice 
Payers, Health Plans, and Health Centers OMB No. 0906-xxxx--NEW.
    Abstract: The National Practitioner Data Bank (NPDB) plans to 
collect data from hospitals, medical malpractice payers, health plans, 
and certain other health care entities \1\ that are subject to NPDB 
reporting requirements to assist these entities in understanding and 
meeting their reporting requirements to the NPDB. The NPDB currently 
collects similar data (OMB No. 0915-0126) from state licensing boards 
on a regular basis and this information collection request would expand 
beyond current activities to include hospitals, medical malpractice 
payers, health plans, and certain other health care entities.
---------------------------------------------------------------------------

    \1\ Unless otherwise noted, the term ``certain other health care 
entities'' refers to health centers whose access and reporting 
obligations are addressed in the NPDB statutory and regulatory 
requirements for health care entities. In this document, ``health 
center'' refers to organizations that receive grants under the HRSA 
Health Center Program as authorized under section 330 of the Public 
Health Service Act, as amended (referred to as ``grantees'') and 
FQHC Look-Alike organizations, which meet all the Health Center 
Program requirements but do not receive Health Center Program 
grants. It does not refer to FQHCs that are sponsored by tribal or 
Urban Indian Health Organizations, except for those that receive 
Health Center Program grants.
---------------------------------------------------------------------------

    NPDB began operation on September 1, 1990. The statutory 
authorities establishing and governing the NPDB are Title IV of Public 
Law (Pub. L.) 99-660, the Health Care Quality Improvement Act of 1986, 
as amended, Section 5 of the Medicare and Medicaid Patient and Program 
Protection Act of 1987, Public Law 100-93, codified as Section 1921 of 
the Social Security Act, and Section 221(a) of the Health Insurance 
Portability and Accountability Act of 1996, Public Law 104-191, 
codified as Section 1128E of

[[Page 71746]]

the Social Security Act. Final regulations governing the NPDB are 
codified at 45 CFR part 60. Responsibility for NPDB implementation and 
operation resides in the Bureau of Health Workforce, HRSA, HHS.
    NPDB acts primarily as a flagging system; its principal purpose is 
to facilitate comprehensive review of practitioners' professional 
credentials and background. Information on medical malpractice 
payments, health-related civil judgments, adverse licensure actions, 
adverse clinical privileging actions, adverse professional society 
actions, and Medicare/Medicaid exclusions is collected from, and 
disseminated to, eligible entities such as licensing boards, hospitals, 
and certain other health care entities. It is intended that NPDB 
information should be considered with other relevant information in 
evaluating a practitioner's credentials.
    NPDB outlines specific reporting requirements for hospitals, 
medical malpractice payers, health plans, and certain other health care 
entities per 45 CFR 60.7, 60.12, 60.14, 60.15, and 60.16. These 
reporting requirements are further explained in Chapter E of the NPDB 
e-Guidebook, which can be found at: http://www.npdb.hrsa.gov/resources/aboutGuidebooks.jsp.
    Through a process called Attestation, hospitals, medical 
malpractice payers, health plans, and certain other health care 
entities will be required to attest that they understand and have met 
their responsibility to submit all required reports to the NPDB. The 
Attestation process will be completely automated through the secure 
NPDB system (https://www.npdb.hrsa.gov), using both secure email 
messaging and system notifications to alert entities registered with 
the NPDB of their responsibility to attest. All entities with reporting 
requirements and querying access to the NPDB must register with the 
NPDB before gaining access to the secure NPDB system for all reporting 
and querying transactions.
    Although the Attestation process and forms are new, the secure NPDB 
system currently used by hospitals, medical malpractice payers, health 
plans, and certain other health care entities to conduct reporting and 
querying will not change, ensuring that these entities are familiar 
with the interface needed to complete the Attestation process. NPDB 
will ask these entities to attest their reporting compliance every 2 
years. If the organization is responsible for privileging or 
credentialing individuals who provide services for other sites, those 
sites will be included in the Attestation process.
    The Attestation forms will collect the following information: 
information regarding sub-sites and entity relationships; contact 
information for the Attesting Official; and a statement attesting 
whether or not all required reports have been submitted.
    Need and Proposed Use of the Information: The NPDB engages in 
compliance activities to ensure the accuracy and completeness of the 
information in the NPDB. Through the Attestation process, the NPDB can 
better determine which hospitals, medical malpractice payers, health 
plans, and certain other health care entities are meeting the reporting 
requirements, and which of these entities may require additional 
outreach and assistance. The biennial Attestation process will 
strengthen the robustness of the data in the NPDB, improving the 
accuracy of query responses for entities with access to NPDB reports.
    Likely Respondents: Hospitals medical malpractice payers, health 
plans, certain other health care entities, and their representatives.
    Burden Statement: Burden in this context means the time expended by 
persons to generate, maintain, retain, disclose or provide the 
information requested. This includes the time needed to review 
instructions; to develop, acquire, install and utilize technology and 
systems for the purpose of collecting, validating and verifying 
information, processing and maintaining information, and disclosing and 
providing information; to train personnel and to be able to respond to 
a collection of information; to search data sources; to complete and 
review the collection of information; and to transmit or otherwise 
disclose the information. The total annual burden hours estimated for 
this ICR are summarized in the table below.

                                    Total Estimated Annualized Burden--Hours
----------------------------------------------------------------------------------------------------------------
                                                                                      Average
                                     Number of       Number of         Total        burden per     Total burden
            Form name               respondents    responses per     responses     response  (in       hours
                                                    respondent                        hours)
----------------------------------------------------------------------------------------------------------------
Health Center Form..............           1,500               1           1,500               1           1,500
Generic Form \1\................           4,875               1           4,875               1           4,875
     Hospitals.
     Medical Malpractice
     Payers.
     Health Plans.
                                 -------------------------------------------------------------------------------
        Total...................       \2\ 6,375  ..............           6,375  ..............           6,375
----------------------------------------------------------------------------------------------------------------
\1\ Hospitals, medical malpractice payers, and health plans will attest using the generic form.
\2\ There are approximately 6,800 hospitals, 575 medical malpractice payers, 1,400 health plans, and 2,200
  health centers registered with the NPDB. However, the reporting entities may include multiple sites that are
  registered independently in the system, thereby increasing the total number of respondents. Therefore, we
  estimate there will be 7,500 respondents for hospitals, 750 respondents for medical malpractice payers, 1,500
  respondents for health plans, and 3,000 respondents for health centers for 12,750 total respondents. Given
  that entities will only be required to complete attestation biennially, these estimates are divided in half
  for the annualized burden hours.


Amy McNulty,
Deputy Director, Division of the Executive Secretariat.
[FR Doc. 2016-25074 Filed 10-17-16; 8:45 am]
 BILLING CODE 4165-15-P



                                                                          Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices                                                   71745

                                                The failure of an applicant to file a                2. FDA, draft guidance for industry,                  of this ICR will be provided to OMB.
                                             timely written notice of participation                       ‘‘Bioequivalence Studies With                    OMB will accept further comments from
                                             and request for a hearing, as required by                    Pharmacokinetic Endpoints for Drugs              the public during the review and
                                             § 314.200, constitutes an election by that                   Submitted Under an ANDA,’’ December              approval period.
                                                                                                          2013 (available at http://www.fda.gov/
                                             applicant not to avail itself of the                         Drugs/GuidanceComplianceRegulatory               DATES: Comments on this ICR must be
                                             opportunity for a hearing concerning                         Information/Guidances/UCM377465).                received no later than November 17,
                                             CDER’s proposal to withdraw approval                    3. Dighe, S. V. and W. P. Adams,                      2016.
                                             of the application and constitutes a                         ‘‘Bioequivalence: A United States                ADDRESSES: Submit your comments,
                                             waiver of any contentions concerning                         Regulatory Perspective.’’ In: Welling, P.        including the ICR Title, to the desk
                                             the legal status of the drug product. FDA                    G., L. S. Tse, and S. V. Dighe, eds.,
                                                                                                          Pharmaceutical Bioequivalence. New
                                                                                                                                                           officer for HRSA, either by email to
                                             will then withdraw approval of the                                                                            OIRA_submission@omb.eop.gov or by
                                             application, and the drug product may                        York: Marcel Dekker, Inc., pp. 347–380,
                                                                                                          1991.                                            fax to 202–395–5806.
                                             not thereafter be lawfully introduced or
                                                                                                     4. Swanson, J. M., S. B. Wigal, T. Wigal, et          FOR FURTHER INFORMATION CONTACT: To
                                             delivered for introduction into interstate                   al., ‘‘A Comparison of Once-Daily                request a copy of the clearance requests
                                             commerce. Any new drug product                               Extended-Release Methylphenidate                 submitted to OMB for review, email the
                                             introduced or delivered for introduction                     Formulations in Children With                    HRSA Information Collection Clearance
                                             into interstate commerce without an                          Attention-Deficit/Hyperactivity Disorder         Officer at paperwork@hrsa.gov or call
                                             approved application is subject to                           in the Laboratory School (The Comacs
                                                                                                                                                           (301) 443–1984.
                                             regulatory action at any time.                               Study),’’ Pediatrics, vol. 113, pp. 206–
                                                                                                          216, 2004.                                       SUPPLEMENTARY INFORMATION:
                                                A request for a hearing may not rest
                                                                                                     5. Kimko, H., E. Gibiansky, L. Gibiansky, et             Information Collection Request Title:
                                             upon mere allegations or denials, but
                                                                                                          al., ‘‘Population Pharmacodynamic                National Practitioner Data Bank (NPDB)
                                             must present specific facts showing that
                                                                                                          Modeling of Various Extended-Release             Attestation of Reports by Hospitals,
                                             there is a genuine and substantial issue
                                                                                                          Formulations of Methylphenidate in               Medical Malpractice Payers, Health
                                             of fact that requires a hearing. If a                        Children With Attention Deficit                  Plans, and Health Centers OMB No.
                                             request for a hearing is not complete or                     Hyperactivity Disorder Via Meta-                 0906–xxxx—NEW.
                                             is not supported, the Commissioner of                        Analysis,’’ Journal of Pharmacokinetics             Abstract: The National Practitioner
                                             Food and Drugs will enter summary                            and Pharmacodynamics, vol. 39(2), pp.            Data Bank (NPDB) plans to collect data
                                             judgment against the person who                              161–176, 2012.
                                                                                                                                                           from hospitals, medical malpractice
                                             requests the hearing, making findings                   6. Memorandum to Janet Woodcock, Director,
                                                                                                          Center for Drug Evaluation and Research,
                                                                                                                                                           payers, health plans, and certain other
                                             and conclusions, and denying a hearing.                                                                       health care entities 1 that are subject to
                                                All submissions under this notice of                      in Support of Beginning Approval
                                                                                                          Withdrawal Proceedings for ANDA                  NPDB reporting requirements to assist
                                             opportunity for a hearing must be filed                                                                       these entities in understanding and
                                                                                                          091695 (October 1, 2016, Peters).
                                             in two copies. Except for data and                                                                            meeting their reporting requirements to
                                             information prohibited from public                        Dated: October 12, 2016.                            the NPDB. The NPDB currently collects
                                             disclosure under 21 U.S.C. 331(j) or 18                 Janet Woodcock,                                       similar data (OMB No. 0915–0126) from
                                             U.S.C. 1905, the submissions may be                     Director, Center for Drug Evaluation and              state licensing boards on a regular basis
                                             seen in the Division of Dockets                         Research.                                             and this information collection request
                                             Management (see ADDRESSES) between 9                    [FR Doc. 2016–25092 Filed 10–17–16; 8:45 am]          would expand beyond current activities
                                             a.m. and 4 p.m., Monday through                                                                               to include hospitals, medical
                                                                                                     BILLING CODE 4164–01–P
                                             Friday, and will be posted to the docket                                                                      malpractice payers, health plans, and
                                             at http://www.regulations.gov.                                                                                certain other health care entities.
                                                This notice is issued under section                  DEPARTMENT OF HEALTH AND                                 NPDB began operation on September
                                             505(e) of the FD&C Act and under the                    HUMAN SERVICES                                        1, 1990. The statutory authorities
                                             authority delegated to the Director of                                                                        establishing and governing the NPDB
                                             CDER by the Commissioner of Food and                    Health Resources and Services                         are Title IV of Public Law (Pub. L.) 99–
                                             Drugs.                                                  Administration                                        660, the Health Care Quality
                                             IV. References                                                                                                Improvement Act of 1986, as amended,
                                                                                                     Agency Information Collection                         Section 5 of the Medicare and Medicaid
                                               The following references are on                       Activities: Submission to OMB for                     Patient and Program Protection Act of
                                             display in the Division of Dockets                      Review and Approval; Public Comment                   1987, Public Law 100–93, codified as
                                             Management (see ADDRESSES) and are                      Request; National Practitioner Data                   Section 1921 of the Social Security Act,
                                             available for viewing by interested                     Bank Attestation of Reports by                        and Section 221(a) of the Health
                                             persons between 9 a.m. and 4 p.m.,                      Hospitals, Medical Malpractice Payers,                Insurance Portability and
                                             Monday through Friday; they are also                    Health Plans, and Certain Other Health                Accountability Act of 1996, Public Law
                                             available electronically at http://                     Care Entities                                         104–191, codified as Section 1128E of
                                             www.regulations.gov. FDA has verified
                                             the Web site addresses, as of the date                  AGENCY: Health Resources and Services                    1 Unless otherwise noted, the term ‘‘certain other
                                             this document publishes in the Federal                  Administration (HRSA), Department of                  health care entities’’ refers to health centers whose
                                             Register, but Web sites are subject to                  Health and Human Services (HHS).                      access and reporting obligations are addressed in
                                             change over time.                                       ACTION: Notice.                                       the NPDB statutory and regulatory requirements for
                                                                                                                                                           health care entities. In this document, ‘‘health
                                             1. FDA, draft guidance for industry,                    SUMMARY:  In compliance with Section                  center’’ refers to organizations that receive grants
                                                 ‘‘Bioequivalence Recommendations for                                                                      under the HRSA Health Center Program as
Lhorne on DSK30JT082PROD with NOTICES




                                                                                                     3507(a)(1)(D) of the Paperwork                        authorized under section 330 of the Public Health
                                                 CONCERTA (Methylphenidate                           Reduction Act of 1995, HRSA has
                                                 Hydrochloride) Extended-Release                                                                           Service Act, as amended (referred to as ‘‘grantees’’)
                                                 Tablets,’’ November 2014 (available at
                                                                                                     submitted an Information Collection                   and FQHC Look-Alike organizations, which meet
                                                                                                     Request (ICR) to the Office of                        all the Health Center Program requirements but do
                                                 http://www.fda.gov/downloads/Drugs/                                                                       not receive Health Center Program grants. It does
                                                 GuidanceCompliance                                  Management and Budget (OMB) for                       not refer to FQHCs that are sponsored by tribal or
                                                 RegulatoryInformation/Guidances/                    review and approval. Comments                         Urban Indian Health Organizations, except for those
                                                 UCM320007.pdf).                                     submitted during the first public review              that receive Health Center Program grants.



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                                             71746                                Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices

                                             the Social Security Act. Final                                            responsibility to submit all required                          accuracy and completeness of the
                                             regulations governing the NPDB are                                        reports to the NPDB. The Attestation                           information in the NPDB. Through the
                                             codified at 45 CFR part 60.                                               process will be completely automated                           Attestation process, the NPDB can better
                                             Responsibility for NPDB                                                   through the secure NPDB system                                 determine which hospitals, medical
                                             implementation and operation resides                                      (https://www.npdb.hrsa.gov), using both                        malpractice payers, health plans, and
                                             in the Bureau of Health Workforce,                                        secure email messaging and system                              certain other health care entities are
                                             HRSA, HHS.                                                                notifications to alert entities registered                     meeting the reporting requirements, and
                                                NPDB acts primarily as a flagging                                      with the NPDB of their responsibility to                       which of these entities may require
                                             system; its principal purpose is to                                       attest. All entities with reporting                            additional outreach and assistance. The
                                             facilitate comprehensive review of                                        requirements and querying access to the                        biennial Attestation process will
                                             practitioners’ professional credentials                                   NPDB must register with the NPDB                               strengthen the robustness of the data in
                                             and background. Information on                                            before gaining access to the secure                            the NPDB, improving the accuracy of
                                             medical malpractice payments, health-                                     NPDB system for all reporting and
                                             related civil judgments, adverse                                                                                                         query responses for entities with access
                                                                                                                       querying transactions.
                                             licensure actions, adverse clinical                                          Although the Attestation process and                        to NPDB reports.
                                             privileging actions, adverse professional                                 forms are new, the secure NPDB system                             Likely Respondents: Hospitals
                                             society actions, and Medicare/Medicaid                                    currently used by hospitals, medical                           medical malpractice payers, health
                                             exclusions is collected from, and                                         malpractice payers, health plans, and                          plans, certain other health care entities,
                                             disseminated to, eligible entities such as                                certain other health care entities to                          and their representatives.
                                             licensing boards, hospitals, and certain                                  conduct reporting and querying will not                           Burden Statement: Burden in this
                                             other health care entities. It is intended                                change, ensuring that these entities are                       context means the time expended by
                                             that NPDB information should be                                           familiar with the interface needed to                          persons to generate, maintain, retain,
                                             considered with other relevant                                            complete the Attestation process. NPDB                         disclose or provide the information
                                             information in evaluating a                                               will ask these entities to attest their
                                                                                                                                                                                      requested. This includes the time
                                             practitioner’s credentials.                                               reporting compliance every 2 years. If
                                                NPDB outlines specific reporting                                                                                                      needed to review instructions; to
                                                                                                                       the organization is responsible for
                                             requirements for hospitals, medical                                                                                                      develop, acquire, install and utilize
                                                                                                                       privileging or credentialing individuals
                                             malpractice payers, health plans, and                                     who provide services for other sites,                          technology and systems for the purpose
                                             certain other health care entities per 45                                 those sites will be included in the                            of collecting, validating and verifying
                                             CFR 60.7, 60.12, 60.14, 60.15, and 60.16.                                 Attestation process.                                           information, processing and
                                             These reporting requirements are further                                     The Attestation forms will collect the                      maintaining information, and disclosing
                                             explained in Chapter E of the NPDB e-                                     following information: information                             and providing information; to train
                                             Guidebook, which can be found at:                                         regarding sub-sites and entity                                 personnel and to be able to respond to
                                             http://www.npdb.hrsa.gov/resources/                                       relationships; contact information for                         a collection of information; to search
                                             aboutGuidebooks.jsp.                                                      the Attesting Official; and a statement                        data sources; to complete and review
                                                Through a process called Attestation,                                  attesting whether or not all required                          the collection of information; and to
                                             hospitals, medical malpractice payers,                                    reports have been submitted.                                   transmit or otherwise disclose the
                                             health plans, and certain other health                                       Need and Proposed Use of the                                information. The total annual burden
                                             care entities will be required to attest                                  Information: The NPDB engages in                               hours estimated for this ICR are
                                             that they understand and have met their                                   compliance activities to ensure the                            summarized in the table below.

                                                                                                             TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS
                                                                                                                                                                                                          Average
                                                                                                                                                             Number of
                                                                                                                                           Number of                                     Total          burden per              Total burden
                                                                               Form name                                                                   responses per
                                                                                                                                          respondents                                 responses          response                  hours
                                                                                                                                                             respondent                                  (in hours)

                                             Health Center Form .............................................................                    1,500                           1          1,500                         1            1,500
                                             Generic Form 1 .....................................................................                4,875                           1          4,875                         1            4,875
                                                 • Hospitals.
                                                 • Medical Malpractice Payers.
                                                 • Health Plans.

                                                         Total .......................................................................          2 6,375    ........................         6,375    ........................          6,375
                                                1 Hospitals,medical malpractice payers, and health plans will attest using the generic form.
                                                2 There are approximately 6,800 hospitals, 575 medical malpractice payers, 1,400 health plans, and 2,200 health centers registered with the
                                             NPDB. However, the reporting entities may include multiple sites that are registered independently in the system, thereby increasing the total
                                             number of respondents. Therefore, we estimate there will be 7,500 respondents for hospitals, 750 respondents for medical malpractice payers,
                                             1,500 respondents for health plans, and 3,000 respondents for health centers for 12,750 total respondents. Given that entities will only be re-
                                             quired to complete attestation biennially, these estimates are divided in half for the annualized burden hours.


                                             Amy McNulty,                                                              DEPARTMENT OF HEALTH AND                                       of Performance Review Members be
                                             Deputy Director, Division of the Executive                                HUMAN SERVICES                                                 published in the Federal Register.
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                                             Secretariat.                                                                                                                               The following persons may be named
                                             [FR Doc. 2016–25074 Filed 10–17–16; 8:45 am]                              Performance Review Board Members                               to serve on the Performance Review
                                             BILLING CODE 4165–15–P                                                                                                                   Boards or Panels, which oversee the
                                                                                                                         Title 5, U.S.C. 4314(c) (4) of the Civil
                                                                                                                                                                                      evaluation of performance appraisals of
                                                                                                                       Service Reform Act of 1978, Public Law
                                                                                                                                                                                      Senior Executive Service members of
                                                                                                                       95–454, requires that the appointment



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Document Created: 2016-10-17 23:52:42
Document Modified: 2016-10-17 23:52:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments on this ICR must be received no later than November 17, 2016.
ContactTo request a copy of the clearance requests submitted to OMB for review, email the HRSA Information Collection Clearance Officer at [email protected] or call (301) 443- 1984.
FR Citation81 FR 71745 

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