[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Pages 43135-43136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17945]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier CMS-R-131]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, HHS.

ACTION: Notice.

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SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is 
announcing an opportunity for the public to comment on CMS' intention 
to collect information from the public. Under the Paperwork Reduction 
Act of 1995 (the PRA), federal agencies are required to publish notice 
in the Federal Register concerning each proposed collection of 
information (including each proposed extension or reinstatement of an 
existing collection of information) and to allow 60 days for public 
comment on the proposed action. Interested persons are invited to send 
comments regarding our burden estimates or any other aspect of this 
collection of information, including the necessity and utility of the 
proposed information collection for the proper performance of the 
agency's functions, the accuracy of the estimated burden, ways to 
enhance the quality, utility, and clarity of the information to be 
collected, and the use of automated collection techniques or other 
forms of information technology to minimize the information collection 
burden.

DATES: Comments must be received by October 21, 2019.

ADDRESSES: When commenting, please reference the document identifier or 
OMB control number. To be assured consideration, comments and 
recommendations must be submitted in any one of the following ways:
    1. Electronically. You may send your comments electronically to 
http://www.regulations.gov. Follow the instructions for ``Comment or 
Submission'' or ``More Search Options'' to find the information 
collection document(s) that are accepting comments.
    2. By regular mail. You may mail written comments to the following 
address: CMS, Office of Strategic Operations and Regulatory Affairs, 
Division of Regulations Development, Attention: Document Identifier/OMB 
Control Number _, Room C4-26-05, 7500 Security Boulevard, Baltimore, 
Maryland 21244-1850.
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, you may make 
your request using one of following:
    1. Access CMS' website address at website address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html
    2. Email your request, including your address, phone number, OMB 
number, and CMS document identifier, to [email protected].
    3. Call the Reports Clearance Office at (410) 786-1326.

FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786-4669.

SUPPLEMENTARY INFORMATION: 

Contents

    This notice sets out a summary of the use and burden associated 
with the following information collections. More detailed information 
can be found in each collection's supporting statement and associated 
materials (see ADDRESSES).

CMS-R-131 Advance Beneficiary Notice of Noncoverage (ABN)

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain 
approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct or sponsor. The term 
``collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA requires federal agencies 
to publish a 60-day notice in the Federal Register concerning each 
proposed collection of information, including each proposed extension 
or reinstatement of an existing collection of information, before 
submitting the collection to OMB for approval. To comply with this 
requirement, CMS is publishing this notice.

Information Collection

    1. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Advance Beneficiary Notice of Noncoverage (ABN); Use: The use of the 
written Advance Beneficiary Notice of Non-coverage (ABN) is to inform 
Medicare beneficiaries of their liability under specific conditions. 
This has been available since the ``limitation on liability'' 
provisions in section 1879 of the Social Security Act (the Act) were 
enacted in 1972 (Pub. L. 92-603). ABNs are not given every time items 
and services are delivered. Rather, ABNs are

[[Page 43136]]

given only when a physician, provider, practitioner, or supplier 
anticipates that Medicare will not provide payment in specific cases.
    An ABN may be given, and the beneficiary may subsequently choose 
not to receive the item or service. An ABN may also be issued because 
of other applicable statutory requirements other than Sec.  1862(a)(1) 
such as when a beneficiary wants to obtain an item from a supplier who 
has not met Medicare supplier number requirements, as listed in section 
1834(j)(1) of the Act or when statutory requirements for issuance 
specific to HHAs are applicable.
    ABNs are usually given as hard copy notices during in-person 
patient encounters. In some cases, notification may be done by 
telephone with a follow-up notice mailed. Electronic issuance of ABNs 
is permitted as long as the beneficiary is offered the option to 
receive a paper copy of the notice if this is preferred. Regardless of 
the mode of delivery, the beneficiary must receive a copy of the signed 
ABN for his/her own records. Incorporation of ABNs into other automated 
business processes is permitted, and some limited flexibility in 
formatting the notice in such cases is allowed, as discussed in the 
form instructions. Notifiers may choose to store the required signed 
copy of the ABN electronically. Form Number: CMS-R-131 (OMB control 
number: 0938-0566); Frequency: Yearly; Affected Public: State, Local, 
or Tribal Governments; Number of Respondents: 1,589,060; Total Annual 
Responses: 382,216,385; Total Annual Hours: 44,593,186. (For policy 
questions regarding this collection contact Jennifer McCormick at 410-
786-2852.)

    Dated: August 15, 2019.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2019-17945 Filed 8-19-19; 8:45 am]
BILLING CODE 4120-01-P