B. Notice given to the public

The CMS RO publishes, in a newspaper or general circulation serving the provider’s locality, notice to the public that the provider is authorized to make the specified charges to Medicare beneficiaries (e.g., for general routine service costs) because its costs exceed those determined to be necessary in the efficient delivery of health services under Medicare. (The CMS RO arranges for the publication of the notice with the assistance of the servicing DO.) The CMS RO provides a copy of the notice and the press release for the DO servicing the provider. The following language is used:

Notice is hereby given, in accordance with section 1866(a)(2)(B)(ii) of the Social Security Act, that (Name of Provider) is entitled to charge its Medicare patients during the period (Date at least 15 days after publication and not before beginning of applicable cost year) to (End of applicable cost year) for certain services in addition to the payment for such services by the Centers for Medicare & Medicaid Services because the (Hospital, Skilled Nursing Facility, etc.) expects to incur costs in providing such services which will exceed the costs determined to be necessary for the efficient delivery of health care under the Medicare program. These charges may not be made, however, where the services furnished the patient are emergency services or where the physician attending the patient has a direct or indirect financial interest in the (Hospital, Skilled Nursing Facility, etc.). The permissible charges, which are in addition to charges permitted for deductible, coinsurance, and non-covered services, are as follows: (Example) Room, board, and other general routine services, $5.00 per day. Regional Administrator. Centers for Medicare & Medicaid Services.