Advance Beneficiary Notice and Supporting Regulations in 42 CFR 411.404, 411.406, and 411.408

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
8162	Advance Beneficiary Notice and Supporting Regulations in 42 CFR 411.404, 411.406, and 411.408 Form	Migrated

ICR Details

OMB Control No: 0938-0566	ICR Reference No: 200306-0938-001
Status: Historical Active	Previous ICR Reference No: 200204-0938-006
Agency/Subagency: HHS/CMS	Agency Tracking No:
Title: Advance Beneficiary Notice and Supporting Regulations in 42 CFR 411.404, 411.406, and 411.408
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 06/30/2003
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/18/2003
	Date Received in OIRA: 06/04/2003
Terms of Clearance: This emergency information collection request is approved for a period of 6 months. During this time, CMS will monitor whether its provider education efforts and changes to coding instructions have successfully resolved reimbursement issues that had arisen in emergency room settings.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2004	05/31/2004	11/30/2003
Responses	20,235,430	0	19,660,110
Time Burden (Hours)	1,686,286	0	1,638,345
Cost Burden (Dollars)	0	0	122,700,000

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Abstract: Physicians, practitioners, suppliers, and providers furnishing Part A or Part B items or services may bill a patient for items or services denied by Medicare as not reasonable and necessary, under Medicare program standards (1862(a)(1) of title XVII of the Social Security Act (the Act), or under one of several other statutory bases 1862(a)(9), 1814(a)(2)(c), 1835(a)(2)(A), 1861 (dd)(3)(A), 1834(j)(1), 1834(a)(15), and 1834(a)(17)(B) of the Act), if they informed the patient, prior to furnishing the items or services, that Medicare was likely to deny payment for the items or services and the patient, after being so informed,..

Emergency Justfication:

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Advance Beneficiary Notice and Supporting Regulations in 42 CFR 411.404, 411.406, and 411.408	CMS-R-131

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ICR Summary of Burden

	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	20,235,430	19,660,110	0	0	575,320	0
Annual Time Burden (Hours)	1,686,286	1,638,345	0	0	47,941	0
Annual Cost Burden (Dollars)	0	122,700,000	0	0	-122,700,000	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 06/04/2003

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