Advance Beneficiary Notice of Noncoverage (ABN) and Supporting Regulations in 42 CFR 411.404 and 411.408 (CMS-R-131)

ICR 201605-0938-006

OMB: 0938-0566

Federal Form Document

ICR Details
0938-0566 201605-0938-006
Historical Active 201506-0938-012
HHS/CMS
Advance Beneficiary Notice of Noncoverage (ABN) and Supporting Regulations in 42 CFR 411.404 and 411.408 (CMS-R-131)
Extension without change of a currently approved collection   No
Regular
Approved without change 03/06/2017
Retrieve Notice of Action (NOA) 05/10/2016
This information collection request is approved as an extension, noting that CMS intends to display the expiration date. The expiration date must be displayed, along with the OMB control number, on all paper and electronic versions of this collection.
  Inventory as of this Action Requested Previously Approved
03/31/2020 36 Months From Approved 03/31/2017
63,601,300 0 52,967,771
7,420,364 0 6,177,101
0 0 0

The use of written notices to inform beneficiaries of their liability under specific conditions has been available since Title XVIII of the Social Security Act (the Act), section 1879, Limitation On Liability, was enacted in 1972 (P.L. 92-603). Similar required notification and liability protections are available under other sections of the Act: section 1834(a)(18) refund requirements for certain items when unsolicited telephone contacts are made, section 1834(j)(4) for the same types of items when there is neither a required advance coverage determination nor required supplier number; 1834(a)(15) also for advance determinations for these items and section 1842(l) applicable to physicians not accepting assignment. Implementing regulations are found at 42 CFR 411.404(b) and (c), and 411.408(d)(2) and (f), on written notice requirements. These statutory requirements apply only to Original Medicare, not Medicare Advantage plans. Under section 1879 of the Act, Medicare beneficiaries may be held financially responsible for items or services usually covered under Medicare, but denied in an individual case under specific statutory exclusions, if the beneficiary is informed prior to furnishing the issues or services that Medicare is likely to deny payment. When required, the ABN is delivered by Part B paid physicians, providers (including institutional providers like outpatient hospitals) practitioners (such as chiropractors), and suppliers, as well as hospice providers and Religious Non-medical Health Care Institutions paid under Part A. Other Medicare institutional providers paid under Part A use other approved notice for this purpose.

Statute at Large: 18 Stat. 1879 Name of Statute: null
  
None

Not associated with rulemaking

  80 FR 69227 11/09/2015
81 FR 26234 05/02/2016
No

1
IC Title Form No. Form Name
Advance Beneficiary Notice of Noncoverage (ABN) and Supporting Regulations in 42 CFR 411.404 and 411.408 CMS-R-131, CMS-R-131 Spanish ABN ,   Advanced Beneficiary Notice of Noncoverage

  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 63,601,300 52,967,771 0 0 10,633,529 0
Annual Time Burden (Hours) 7,420,364 6,177,101 0 0 1,243,263 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
We have also adjusted our burden estimates based on an overall increase in respondents and Medicare claims filed by the respondents. This iteration also contains a number of nonsubstantive changes to the ABN.

$0
No
No
No
No
No
Uncollected
William Parham 4107864669

  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.
05/10/2016


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