n order to implement section 6003 of
the Affordable Care Act, CMS has proposed to amend 42 C.F.R.
411.355(b). Section 6003 establishes a new disclosure requirement
for physicians who refer magnetic resonance imaging, computed
tomography, and positron emission tomography (MRI, CT and PET)
under the in-office ancillary services exception to the prohibition
on physician self-referral (section 1877 of the Social Security
Act). Under this new requirement physicians must inform patients in
writing, at the time of the referral, that the patient may receive
the imaging service from another supplier. The physician must also
provide the patient with a list of other suppliers that from whom
the patient may obtain the services. The proposed rule provides
detail regarding what criteria must be included in the disclosure
notifcation and supplier list in order to satisfy this new
requirement.
PL:
Pub.L. 111 - 148 6003 Name of Law: Disclosure requirements for
in-office ancillary services exception
PL: Pub.L. 111 - 148 6003 Name of Law:
Disclosure requirements for in-office ancillary services
exception
We have adjusted the disclosure
burden for 71,000 physicians since this was a one-time requirement
that has been met. We have adjusted the burden to reflect that the
requirement now applies to the 7,100 newly enrolled physicians in
the Medicare program. We also adjusted the payment estimates for a
healthcare worker in a physician office from $14,68 to $17.23. The
revised annual cost burden of creating the disclosure and list of
alternative suppliers is now $122,333, a decrease from the previous
burden of $1,042,280. The new annual burden for creating the
disclosure forms for each newly enrolled physician is now 7,100
hours, a decrease from the previous burden hours of 71,000 hours.
The average hourly rate for general practice physicians in a
physician office, increased to $91.25 from $83.79. The revised
annual cost burden is estimated to be is $1,053,640, a decrease
from the previous estimate of $10,536,400. The estimated annual
hour burden for this disclosure requirement is 12,538 hours, a
decrease from the previous 125,383 hours.
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-10332 - Supporting Statement A [rev 6-23-2014 by OSORA PRA].docx
Disclosure Requirement