CMS-1696 Appointment of Representative (English)

Department of Health and Human Services
Centers for Medicare & Medicaid Services

Form Approved OMB No.0938-0950
Expires 07/31/2023

Appointment of Representative

Name of Party

Medicare Number (beneficiary as party) or National
Provider Identifier (provider or supplier as party)

Section 1: Appointment of Representative

To be completed by the party seeking representation (i.e., the Medicare beneficiary, the provider or the supplier):
I appoint the individual named in Section 2 to act as my representative in connection with my claim or asserted right
under Title XVIII of the Social Security Act (the Act) and related provisions of Title XI of the Act. I authorize this individual
to make any request; to present or to elicit evidence; to obtain appeals information; and to receive any notice in
connection with my claim, appeal, grievance or request wholly in my stead. I understand that personal medical
information related to my request may be disclosed to the representative indicated below.
Signature of Party Seeking Representation

Date

Street Address

Phone Number (with Area Code)

City
Email Address (optional)

Section 2: Acceptance of Appointment

State

Zip Code

Fax Number (optional)

To be completed by the representative:
I,
, hereby accept the above appointment. I certify that I have not been disqualified,
suspended, or prohibited from practice before the Department of Health and Human Services (HHS); that I am not, as a
current or former employee of the United States, disqualified from acting as the party’s representative; and that I recognize
that any fee may be subject to review and approval by the Secretary.
I am a / an
(Professional status or relationship to the party, e.g. attorney, relative, etc.)
Signature of Representative

Date

Street Address

Phone Number (with Area Code)

City
Email Address (optional)

Section 3: Waiver of Fee for Representation

State

Zip Code

Fax Number (optional)

Instructions: This section must be completed if the representative is required to, or chooses to, waive their fee for
representation. (Note that providers or suppliers that are representing a beneficiary and furnished the items or services
may not charge a fee for representation and must complete this section.)
I waive my right to charge and collect a fee for representing
before the Secretary of HHS.
Signature

Date

Section 4: Waiver of Payment for Items or Services at Issue

Instructions: Providers or suppliers serving as a representative for a beneficiary to whom they provided items or
services must complete this section if the appeal involves a question of liability under section 1879(a)(2) of the Act.
(Section 1879(a)(2) generally addresses whether a provider/supplier or beneficiary did not know, or could not reasonably be
expected to know, that the items or services at issue would not be covered by Medicare.) I waive my right to collect payment
from the beneficiary for the items or services at issue in this appeal if a determination of liability under §1879(a)(2) of the Act
is at issue.
Signature

Date

Instructions and Regulation Requirements

Instructions
Name of Party (required): This the name of the person or entity which has standing to file a claim or appeal (the name of the
person who has Medicare, or the name of the provider or supplier).
Medicare Number or National Provider Identifier (required): This must be completed when the person or entity appointing
a representative has a Medicare number or National Provider Identifier. If not applicable, fill in, “not applicable”.
All fields in Sections 1 and 2 are required unless noted as optional within the field. See the regulation at 42 CFR
405.910.
Charging of Fees for Representing Beneficiaries before the Secretary of HHS
An attorney, or other representative for a beneficiary, who wishes to charge a fee for services rendered in connection with
an appeal before the Secretary of HHS (i.e., an Administrative Law Judge (ALJ) hearing or attorney adjudicator review by
the Office of Medicare Hearings and Appeals (OMHA), Medicare Appeals Council review, or a proceeding before OMHA or
the Medicare Appeals Council as a result of a remand from federal district court) is required to obtain approval of the fee in
accordance with 42 CFR 405.910(f).
The form, OMHA-118, “Petition to Obtain Approval of a Fee for Representing a Beneficiary” elicits the information
required for a fee petition. It should be completed by the representative and filed with the request for ALJ hearing, OMHA
review, or request for Medicare Appeals Council review. Approval of a representative’s fee is not required if: (1) the
appellant being represented is a provider or supplier; (2) the fee is for services rendered in an official capacity such as
that of legal guardian, committee, or similar court appointed representative and the court has approved the fee in
question; (3) the fee is for representation of a beneficiary in a proceeding in federal district court; or (4) the fee is for
representation of a beneficiary in a redetermination or reconsideration. If the representative wishes to waive a fee, he or she
may do so. The form, OMHA-118, may be found at: https://www.hhs.gov/sites/default/files/OMHA-118.pdf
Approval of Fee
The requirement for the approval of fees ensures that a representative will receive fair value for the services performed
before HHS on behalf of a beneficiary, and provides the beneficiary with a measure of security that the fees are determined
to be reasonable. In approving a requested fee, OMHA or Medicare Appeals Council will consider the nature and type of
services rendered, the complexity of the case, the level of skill and competence required in rendition of the services, the
amount of time spent on the case, the results achieved, the level of administrative review to which the representative carried
the appeal and the amount of the fee requested by the representative.
Conflict of Interest
Sections 203, 205 and 207 of Title XVIII of the United States Code make it a criminal offense for certain officers, employees
and former officers and employees of the United States to render certain services in matters affecting the Government or to
aid or assist in the prosecution of claims against the United States. Individuals with a conflict of interest are excluded from
being representatives of beneficiaries before HHS.
Where to Send This Form
Send this form to the same location where you are sending (or have already sent) your: appeal if you are filing an appeal,
grievance or complaint if you are filing a grievance or complaint, or an initial determination or decision if you are requesting
an initial determination or decision. If additional help is needed, contact 1-800-MEDICARE (1-800-633-4227, TTY users
call 1-877-486-2048), or your Medicare plan.
You have the right to get Medicare information in an accessible format, like large print, Braille, or audio. You also have the
right to file a complaint if you feel you’ve been discriminated against. Visit https://www.medicare.gov/aboutus/accessibility-nondiscrimination-notice, or call 1-800-MEDICARE (1-800-633-4227) for more information. TTY users can
call 1-877-486-2048.
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control
number for this information collection is 0938-0950. The time required to prepare and distribute this collection is 15 minutes per notice, including the time to select the preprinted form,
complete it and deliver it to the beneficiary. If you have comments concerning the accuracy of the time estimates or suggestions for improving this form, please write to CMS, PRA
Clearance Officer, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.