As a result of the Weichardt v.
Leavitt class action lawsuit, CMS proposed that hospitals and
Medicare Advantage plans deliver a new advance notice of discharge
to Medicare beneficiaries who are receiving inpatient hospital
services. In response to public comments, CMS set forth a final
rule, CMS-4105-F, for how hospitals must notify Medicare
beneficiaries who are hospital inpatients about their hospital
discharge rights. Notice is required both for original Medicare
beneficiaries and for beneficiaries enrolled in Medicare Advantage
plans and other Medicare health plans subject to the MA
regulations. Under the final rule, hospitals will use a revised
version of the Important Message from Medicare (IM), an existing
statutorily required notice, to explain the discharge rights.
Hospitals must issue the IM within two days of admission, and must
obtain the signature of the beneficiary or his or her
representative. Hospitals generally must also deliver a copy of the
signed notice to each beneficiary not more than two days before the
day of discharge. This notice fulfills the regulatory
requirement.
Statute at
Large: 18
Stat. 1866 Name of Statute: null
The currently approved burden
involves hospital delivery of the IM without a signature, at 1
minute per beneficiary, to an estimated 12.5 million admitted
Medicare beneficiaries annually. As a result of the Weichardt v.
Leavitt class action lawsuit, CMS set forth a final rule,
CMS-4105-F, requiring hospitals to issue the IM to the currently
estimated 13 million admitted Medicare beneficiaries annually
within two days of admission, and obtain the signature of the
beneficiary or his or her representative. Furthermore, for longer
stays, hospitals will have to deliver a copy of the signed IM
within two days of discharge to an estimated 7.8 million of those
beneficiaries. Therefore, hospitals will need an extra 14 minutes
on average to deliver the IM to 500,000 more beneficiaries. Please
see Part II for the comparative and aggregate data.
$0
No
No
Uncollected
Uncollected
Uncollected
Uncollected
Saleda Perryman
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:
(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;
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.
CMS-4105-FINAL RULE Qs and As 04 03 07.doc
CMS-R-193 Comments #47 and #48.pdf
Late CMS-R-193 Comment #26.txt
Medicare and Medicare Advantage Programs; Notification Procedures for Hospital Discharges : Important Message From Medicare