As a result of the Weichardt v. Leavitt class action lawsuit, CMS proposed that hospitals and Medicare Advantage plans deliver a new advance notice of discharge to Medicare beneficiaries who are receiving inpatient hospital services. In response to public comments, CMS set forth a final rule, CMS-4105-F, for how hospitals must notify Medicare beneficiaries who are hospital inpatients about their hospital discharge rights. Notice is required both for original Medicare beneficiaries and for beneficiaries enrolled in Medicare Advantage plans and other Medicare health plans subject to the MA regulations. Under the final rule, hospitals will use a revised version of the Important Message from Medicare (IM), an existing statutorily required notice, to explain the discharge rights. Hospitals must issue the IM within two days of admission, and must obtain the signature of the beneficiary or his or her representative. Hospitals generally must also deliver a copy of the signed notice to each beneficiary not more than two days before the day of discharge. This notice fulfills the regulatory requirement.
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.