OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
07/31/2016
36 Months From Approved
07/31/2016
26,820
0
26,820
7,197
0
7,197
0
0
0
Section 4507 of BBA 1997 amended section 1802 of the Social Security Act to permit certain physicians and practitioners to opt-out of Medicare and to provide through private contracts services that would otherwise be covered by Medicare. Under such contracts the mandatory claims submission and limiting charge rules of section 1848(g) of the Act would not apply. Subpart D and the Supporting Regulations contained in 42 CFR 405.410, 405.430, 405.435, 405.440, 405.445, and 405.455, counters the effect of certain provisions of Medicare law that, absent section 4507 of BBA 1997, preclude physicians and practitioners from contracting privately with Medicare beneficiaries to pay without regard to Medicare limits.
Our cost estimate has been adjusted by accounting for the current BLS wage estimates and by factoring in our 100% fringe benefit adjustment.
Program changes are associated with a July 15, 2015, NPRM (CMS-1631-P; RIN 0938-AS40).
With regard to §405.445(a) and the requirement to notify CMS, the NPRM would add 10 hr (aggregate) to the respondent burden.
For Part 405, subpart D the burden would be reduce respondent burden by -900 hr (aggregate) since our currently approved burden estimates 1,200 hr and we now estimate 300 hr since respondents would no longer be required to submit a renewal affidavit.
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-R-234 - Supporting Statement A [rev 07-15-2015 by OSORA PRA].docx
Subpart D-Private Contracts and Supporting Regulations in 42 CFR 405.410 (a)