View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0938-0953
ICR Reference No:
202407-0938-011
Status:
Active
Previous ICR Reference No:
202012-0938-012
Agency/Subagency:
HHS/CMS
Agency Tracking No:
CM-CPC
Title:
Notice of Provider Non-Coverage (CMS-10123) and Detailed Explanation of Non-Coverage (CMS-10124) (CMS-10123/10124)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
11/08/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/07/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2027
36 Months From Approved
11/30/2024
Responses
21,369,755
0
5,872,396
Time Burden (Hours)
3,972,305
0
1,142,749
Cost Burden (Dollars)
0
0
0
Abstract:
The Notice of Medicare Provider Non-Coverage (CMS-10123) is used to inform fee-for-service Medicare beneficiaries of the determination that their provider services will end, and of their right to an expedited review of that determination. The Detailed Explanation of Non-Coverage (CMS-10124) is used to provide beneficiaries who request an expedited determination with detailed information of why the services should end.
Authorizing Statute(s):
PL:
Pub.L. 108 - 173 234
Name of Law: Medicare Prescription Drug, Improvement, and Modernization Act of 2003
Statute at Large:
18 Stat. 1869
US Code:
42 USC 521
Name of Law: Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA)
PL:
Pub.L. 106 - 554 521
Name of Law: Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA)
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
89 FR 41967
05/14/2024
30-day Notice:
Federal Register Citation:
Citation Date:
89 FR 60639
07/26/2024
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Detailed Explanation of Non-Coverage (CMS-10124)
CMS-10124, CMS-10124
Detailed Explanation of Non-coverage (DENC) [English]
,
Explicación Detallada No-Cobertura (DENC) [Spanish]
Notice of Provider Non-Coverage (CMS-10123)
CMS-10123, CMS-10123
Notice of Medicare Non-Coverage (NOMNC) [English]
,
Notificación de Medicare de No-Cobertura (NOMNC) [Spanish]
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
21,369,755
5,872,396
0
15,497,359
0
0
Annual Time Burden (Hours)
3,972,305
1,142,749
0
2,829,556
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:
An increased number of QIO appeal requests is responsible for the increase in our estimated burden for the DENC. Reasons for the increases have been attributed to the increasing numbers of Medicare beneficiaries and enrollees. The estimated burden for the DENC is expected to increase once 4205-F becomes effective January 1, 2025. CMS estimate that approximately 8,059 fast track appeals will be shifted from MA plans to the QIO (0.025 × 322,379), and thus, a DENC will be required for these appeals. This will raise the total annual burden estimate for the DENC to 472,305 hours (75 min/60 x 377,844 (369,755+8,089) DENCs beginning January 1, 2025.
Annual Cost to Federal Government:
$1,588
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.
No
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
Agency Contact:
Stephan McKenzie 410 786-1943 stephan.mckenzie@cms.hhs.gov
Common Form ICR:
No
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:
08/07/2024
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