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
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.