Advance Beneficiary Notice and Supporting Regulations in 42 CFR 411.404, 411.406, and 411.408

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
8159	Advance Beneficiary Notice and Supporting Regulations in 42 CFR 411.404, 411.406, and 411.408	Form	Migrated

ICR Details

OMB Control No: 0938-0566	ICR Reference No: 200104-0938-005
Status: Historical Active	Previous ICR Reference No: 199906-0938-005
Agency/Subagency: HHS/CMS	Agency Tracking No:
Title: Advance Beneficiary Notice and Supporting Regulations in 42 CFR 411.404, 411.406, and 411.408
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/25/2001
	Date Received in OIRA: 04/12/2001
Terms of Clearance: Approved for use as "model forms" through 12/2001 with the understanding that the next submission for OMB review will include a final draft of the contractor and manual instructions that accompany these forms. OMB will evaluate these forms along with public comments on the draft supporting instructions before granting approval for mandated use. Many of the public comments on this PRA submission must be addressed by clarifications in these instructions. Second, CMS must incorporate burden disclo- sure statements in the forms'instructions. Finally, the next submission for OMB review must include an estimate of capital costs, particularly for participating physicians and suppliers.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2002	02/28/2002	08/31/2002
Responses	18,823,150	0	925,904
Time Burden (Hours)	1,568,596	0	115,738
Cost Burden (Dollars)	0	0	0

---

Abstract: Physicians, practitioners, suppliers, and providers furnishing Part A or Part B items or services may bill a patient for items or services denied by Medicare as not reasonable and necessary, under Medicare program standards (Sec. 1862(a)(1) of title XVIII of the Social Security Act (the Act), or under one of several other statutory bases (Sec. 1862(a)(9), 1814(a)(2)(C), 1835(a)(2)(A), 1861(dd)(3)(A), 1834(j)(1), 1834(a)(15), and 1834(a)(17)(B) of the Act), if they informed the patient, prior to furnishing the items or services, that Medicare was likely to deny payment for the items or services and the patient, after....

---

Authorizing Statute(s): None

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Advance Beneficiary Notice and Supporting Regulations in 42 CFR 411.404, 411.406, and 411.408	HCFA-R-131

---

ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	18,823,150	925,904	0	17,897,246	0	0
Annual Time Burden (Hours)	1,568,596	115,738	0	1,452,858	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/12/2001

---