Earlier this fall we wrote about the removal of the National Practitioner Data Bank which contains information regarding the medical malpractice records of doctors throughout Pennsylvania and the rest of the nation. The Health Resources and Services Administration, which is an agency of the Department of Health and Human Services, took the site down after it was feared that a journalist had accessed more than just the "public use file." This file was commonly used by researchers and reporters in investigations regarding medical malpractice claims. When it was removed Sept. 1 of this year, the agency indicated it would be made public again after completing a confidentiality review.

This past week the website was reopened with conditions. The conditions have to do with how the information is used and appears to many to be directed at journalists. Under the new procedure, there must be an agreement in place that the information will not be shared with others or used to determine the identity of any doctors whose names have not actually been provided on the website.

The changes have been met with outrage not only from journalists but from at least one U.S. Senator as well. They believe that the use of information that can make it easier for U.S. citizens to make decisions about their health care should not be restricted. They claim that HRSA is overreaching the bounds of its authority under the law.

A spokesman for the HRSA said that violations of the new policy would possibly be enforced by requesting all files and their copies be returned. In addition the offender would likely be barred from using the resource going forward.

Source: The Kansas City Star, "After protests, national doctor database reopens – with a catch," Alan Bavley, Nov. 10, 2011