Medicare health plans, including Medicare Advantage plans, cost plans, and Health Care Prepayment Plans (HCPPs), are required to issue written notice of denials of payment or services, in whole or in part, to their enrollees. The denial notice must include a statement in understandable language of the reasons for the denial and a description of the applicable reconsideration and appeals processes. The NDP and NDMC were developed to comply with the Section 1852(g)(1)(B) of the Social Security Act. Regulatory authority for the NDMC and NDP are found at 42 CFR 422.568, and 42 CFR 417.600(b). Also, 42 CFR 417.840 applies certain Subpart M notice and appeal rules to cost plans and HCPPs. Additionally, CMS recently published a final rule with comment, "Medicare Program; Medicare Advantage and Prescription Drug Benefit Programs: Negotiated Pricing and Remaining Revisions," which added language to 42 CFR 422.578 and 42 CFR 422.582. This rule permits a physician providing treatment to an enrollee, upon providing notice to the enrollee, to request a standard reconsideration of a pre-service request for reconsideration on the enrollee's behalf.
US Code:
42 USC 1395w-22
Name of Law: Implementation of Medicare Advantage Program
Statute at Large:
18 Stat. 1852
Name of Statute: null
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.