Retrospective Appeal Requests (CMS-10885)

Forms and Documents

Document Name	Status
CMS-10885 - Supporting Statement 4204-F.docx Supporting Statement A	2024-10-17

IC Document Collections

IC ID	Document Title	Status
264664	Retrospective Appeal Requests	Modified

ICR Details

OMB Control No: 0938-1466	ICR Reference No: 202410-0938-017
Status: Received in OIRA	Previous ICR Reference No: 202401-0938-013
Agency/Subagency: HHS/CMS	Agency Tracking No: CM-CPC
Title: Retrospective Appeal Requests (CMS-10885)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/18/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	6,579	0
Time Burden (Hours)	3,290	0
Cost Burden (Dollars)	0	0

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Abstract: Eligible beneficiaries (as defined by the court order) may pursue an appeal under this proposed rule. The rule proposes a retrospective review process for certain beneficiaries to appeal denials of Part A coverage of hospital services (and certain skilled nursing facility (SNF) services, as applicable), for specified inpatient admissions involving status changes dating back to January 1, 2009, and which occurred prior to the implementation of the prospective appeal process. This collection effort will establish a model request for use by beneficiaries or their appointed or authorized representatives to assist them with filing a retrospective appeal. This is as required by the order from the Federal district court for the District of Connecticut in the case Alexander v. Azar, 613 F. Supp. 3d 559 (D. Conn. 2020)), aff’d sub nom., Barrows v. Becerra, 24 F.4th 116 (2d Cir. 2022).

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Authorizing Statute(s): US Code: 42 USC 1154(a)(18) Name of Law: Social Security Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AV16	Final or interim final rulemaking	89 FR 83240	10/15/2024

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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
Retrospective Appeal Requests

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ICR Summary of Burden

	Total Request	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	6,579	0	0	6,579	0	0
Annual Time Burden (Hours)	3,290	0	0	3,290	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: No

Burden Reduction Due to:

Short Statement: This is a new information collection request.

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Annual Cost to Federal Government: $464

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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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: 10/18/2024

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