Proper Claim Not Filed and Supporting Regulation Contained in 42 CFR 411.32(c)

Forms and Documents

Document Name	Status
CMS-R-136.Supporting Statement (2006).REVISED.doc Supporting Statement A	2006-09-20

IC Document Collections

IC ID	Document Title	Status
8150	Proper Claim Not Filed and Supporting Regulation Contained in 42 CFR 411.32(c)	Modified
45711	Proper Claim Not Filed and Supporting Regulation Contained in 42 CFR 411.32(c)	New

ICR Details

OMB Control No: 0938-0564	ICR Reference No: 200610-0938-009
Status: Historical Active	Previous ICR Reference No: 200310-0938-004
Agency/Subagency: HHS/CMS	Agency Tracking No:
Title: Proper Claim Not Filed and Supporting Regulation Contained in 42 CFR 411.32(c)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/11/2007
	Date Received in OIRA: 10/17/2006
Terms of Clearance: Approved consistent with memo 01/09/2007.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2007	36 Months From Approved	01/31/2007
Responses	1,129,000	0	13,311
Time Burden (Hours)	1	0	1
Cost Burden (Dollars)	0	0	0

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Abstract: 42 CFR 411.32(c) is the section that requires a provider, supplier, or beneficiary to notify Medicare that a claim to a third party was improperly filed and that payment was reduced as a result. However, there is no burden associated with this collection that is separate from the burden associated with filing a claim for Medicare reimbursement.

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Authorizing Statute(s): US Code: 42 USC 1395y(b) Name of Law: Medicare as secondary payer
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	71 FR 38649	07/07/2006
30-day Notice:	Federal Register Citation:	Citation Date:
	71 FR 55478	09/22/2006
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Proper Claim Not Filed and Supporting Regulation Contained in 42 CFR 411.32(c)
Proper Claim Not Filed and Supporting Regulation Contained in 42 CFR 411.32(c)

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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	1,129,000	13,311	0	1,115,689	0	0
Annual Time Burden (Hours)	1	1	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: There is no burden reduction. Due to the limitations of the ICRAS system, we are not able to submit a package that has a burden of 1 token hour. At the advice of the OS Reports Clearance Officer, we broke the ICR down into the affected public types and used 1 respondent, 1 response, and 1 burden hour for each. The actual explanation of the burden is in the Supporting 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: 09/25/2006

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