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

Forms and Documents

Document Name	Status

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

IC Document Collections

IC ID	Document Title	Status
8161	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: 200204-0938-006
Status: Historical Active	Previous ICR Reference No: 200202-0938-003
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: 06/18/2002
	Date Received in OIRA: 04/19/2002
Terms of Clearance: Approved for a brief 6-month period with the understanding that CMS will continue its concerted efforts to define and resolve reimbursement issues in emergency room settings as described in the enclosed public comment. In the next submission for OMB review, CMS must: 1) provide a detailed update on its progress in resolving contractor reimbursement issues; and 2) evaluate ABN implementation/manual interpretation in each of the contractor jurisdictions to ensure that policies are consistently and clearly applied and CMS' policy objectives are achieved in emergency room settings.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2002	12/31/2002	06/30/2002
Responses	19,660,110	0	18,823,150
Time Burden (Hours)	1,638,345	0	1,568,596
Cost Burden (Dollars)	122,700,000	0	0

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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 (1862(a)(1) of title XVIII of the Social Security Act [the Act]), or under one of several other statutory bases (1862(a)(9), 1814(a)(2)(C), 1835(a)(2)(A), 1861 (dd)(3)(A), 1834(j)(1), 1834(a)(15), and 18134(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 being so informed, .....

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

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

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ICR Summary 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	19,660,110	18,823,150	0	836,960	0	0
Annual Time Burden (Hours)	1,638,345	1,568,596	0	69,749	0	0
Annual Cost Burden (Dollars)	122,700,000	0	0	122,700,000	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:

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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

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Common Form ICR:  No

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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: 04/19/2002

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