Appointment of Representative and Supporting Regulations in 42 CFR 405.910

Forms and Documents

Document Name	Status
CROSSWALK DOCUMENT CMS1696_031808.doc Supplementary Document	2008-06-16
CROSSWALK DOCUMENT CMS1696_031808.doc Supplementary Document	2008-06-16
Supporting Statement - Part A .doc Supporting Statement A	2008-06-16

IC Document Collections

IC ID	Document Title	Status
8804	Appointment of Representative and Supporting Regulations in 42 CFR 405.910 (Beneficiary) Other-Redline	Modified
185564	Appointment of Representative and Supporting Regulations in 42 CFR 405.910 (Provider Supplier) Other-Redline	New

ICR Details

OMB Control No: 0938-0950	ICR Reference No: 200807-0938-001
Status: Historical Active	Previous ICR Reference No: 200704-0938-005
Agency/Subagency: HHS/CMS	Agency Tracking No:
Title: Appointment of Representative and Supporting Regulations in 42 CFR 405.910
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 12/05/2008
	Date Received in OIRA: 07/02/2008
Terms of Clearance: Prior to the next submission of this ICR, CMS will assess its assumption that 10% of appellants use this form to appoint a representative.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2011	36 Months From Approved	12/31/2008
Responses	268,268	0	5,455,461
Time Burden (Hours)	67,067	0	6,819
Cost Burden (Dollars)	0	0	0

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Abstract: This form will be completed by beneficiaries, providers, and suppliers who wish to appoint representatives to assist them with obtaining initial determinations and filing appeals. The appointment of representative form must be signed by the party making the appointment and the individual agreeing to accept the appointment.

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Authorizing Statute(s): US Code: 18 USC 1869 Name of Law: BIPA
   PL: Pub.L. 106 - 554 521 Name of Law: Medicare, Medicaid, and SCHIP Benefits Improvement Act of 2000 (BIPA)
   PL: Pub.L. 108 - 178 931 Name of Law: Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AM73	Final or interim final rulemaking	70 FR 11420	03/08/2005

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 17347	04/01/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 33824	06/13/2008
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
Appointment of Representative and Supporting Regulations in 42 CFR 405.910 (Beneficiary)	CMS-1696	Appointment of Representative
Appointment of Representative and Supporting Regulations in 42 CFR 405.910 (Provider Supplier)	CMS-1696	Appointment of Representative

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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	268,268	5,455,461	0	241,441	-5,428,634	0
Annual Time Burden (Hours)	67,067	6,819	0	60,360	-112	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: No

Burden Reduction Due to:

Short Statement: The prior burden estimate in ROCIS was incorrect, it should have been 27,277 annual responses and 6819 annual hours as included in the prior supporting statement. Additionally, this revision corrects the burden estimate in light of a reduced number of first level appeals (down to 2.7M), and an assumption that 10% of appellants will use the form (including providers rather than just beneficiaries).

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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: 07/02/2008

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