Notice2025-10824

Medicaid and Children's Health Insurance Program (CHIP) Generic Information Collection Activities: Proposed Collection; Comment Request

Primary source

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Published
June 13, 2025

Issuing agencies

Health and Human Services DepartmentCenters for Medicare & Medicaid Services

Abstract

On May 28, 2010, the Office of Management and Budget (OMB) issued Paperwork Reduction Act (PRA) guidance related to the "generic" clearance process. Generally, this is an expedited process by which agencies may obtain OMB's approval of collection of information requests that are "usually voluntary, low-burden, and uncontroversial collections," do not raise any substantive or policy issues, and do not require policy or methodological review. The process requires the submission of an overarching plan that defines the scope of the individual collections that would fall under its umbrella. This Federal Register notice seeks public comment on one or more of our collection of information requests that we believe are generic and fall within the scope of the umbrella. Interested persons are invited to submit 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.

Full Text

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<title>Federal Register, Volume 90 Issue 113 (Friday, June 13, 2025)</title>
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[Federal Register Volume 90, Number 113 (Friday, June 13, 2025)]
[Notices]
[Pages 25045-25046]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10824]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10398 #37, #87, and #93]


Medicaid and Children's Health Insurance Program (CHIP) Generic 
Information Collection Activities: Proposed Collection; Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
Services (HHS).

ACTION: Notice.

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SUMMARY: On May 28, 2010, the Office of Management and Budget (OMB) 
issued Paperwork Reduction Act (PRA) guidance related to the 
``generic'' clearance process. Generally, this is an expedited process 
by which agencies may obtain OMB's approval of collection of 
information requests that are ``usually voluntary, low-burden, and 
uncontroversial collections,'' do not raise any substantive or policy 
issues, and do not require policy or methodological review. The process 
requires the submission of an overarching plan that defines the scope 
of the individual collections that would fall under its umbrella. This 
Federal Register notice seeks public comment on one or more of our 
collection of information requests that we believe are generic and fall 
within the scope of the umbrella. Interested persons are invited to 
submit 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 June 27, 2025.

ADDRESSES: When commenting, please reference the applicable form number 
(CMS-10398 #__) and the OMB control number (0938-1148). 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 
<a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for ``Comment or 
Submission'' or ``More Search Options'' to find the information 
collection

[[Page 25046]]

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: CMS-10398 #__/OMB 
control number: 0938-1148, Room C4-26-05, 7500 Security Boulevard, 
Baltimore, MD 21244-1850.
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, please access 
the CMS PRA website by copying and pasting the following web address 
into your web browser: <a href="https://www.cms.gov/medicare/regulations-guidance/legislation/paperwork-reduction-act-1995/pra-listing">https://www.cms.gov/medicare/regulations-guidance/legislation/paperwork-reduction-act-1995/pra-listing</a>.

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

SUPPLEMENTARY INFORMATION: Following is a summary of the use and burden 
associated with the subject information collection(s). More detailed 
information can be found in the collection's supporting statement and 
associated materials (see ADDRESSES).

Generic Information Collection

    1. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Medicaid Managed 
Care Rate Development Guide; Use: States must submit to CMS for review 
and approval all rate certifications for managed care plans. The 
state's actuary is responsible for certifying that the managed care 
program's capitation rates are actuarially sound for a specific time 
period and documents the rate development process and the final 
certified capitation rates in a rate certification. The Medicaid 
Managed Care Rate Development Guides outline the rate development 
standards and CMS' expectations for documentation included in rate 
certifications such as descriptions of base data used, trend factors to 
base data, projected benefit and non-benefit costs, and any other 
considerations or adjustments used when setting capitation rates. Form 
Number: CMS-10398 #37 (OMB control number: 0938-1148); Frequency: Once 
and Occasionally; Affected Public: State, Local, or Tribal Governments; 
Number of Respondents: 47; Total Annual Responses: 137; Total Annual 
Hours: 754. (For policy questions regarding this collection contact: 
Rebecca Burch Mack at 303-844-7355.)
    2. Type of Information Collection Request: New information 
collection request; Title of Information Collection: Managed Care Plan 
(MCP) Medical Loss Ratio (MLR) Reporting Template; Use: Medicaid 
managed care is the predominant delivery system for Medicaid 
beneficiaries to access health care services. State Medicaid agencies 
contract with managed care plans that accept a fixed, prospective 
monthly payment for each enrolled beneficiary (also referred to as 
risk-based managed care). Section 1903(m)(2) of the Social Security Act 
(SSA) and 42 CFR 438.4 require that capitation rates be actuarially 
sound, meaning that the capitation rates are projected to provide for 
all reasonable, appropriate, and attainable costs that are required 
under the terms of the contract and for the operation of the MCP for 
the time period and the population covered under the terms of the 
contract. The MLR is a key measure of MCP financial performance and 
indicates the share of premium revenue (capitation payments) that a 
plan spends on covered health services and activities to improve health 
care quality compared to the share of revenue to cover administrative 
expenses and profit/surplus. MLRs are used as a retrospective tool to 
assess financial performance of MCPs. Section 438.8 provides detail on 
MLR calculations and MCP reporting requirements.
    Section 438.8(k) requires State contracts with MCPs to include a 
requirement to annually report to the state specific details of the 
plan's MLR. The attached Medicaid managed care plan MLR reporting 
template provides States with a standard format for collecting the 
required details from their contracted MCPs. States are not required to 
have their MCPs use this template; it is provided in response to 
States' requests for a streamlined, consistent way to collect the 
required information. CMS' review process for managed care MLR 
represents an essential federal oversight function to ensure that 
States and MCPs are compliant with applicable federal laws and 
regulations.
    Form Number: CMS-10398 #87 (OMB control number: 0938-1148); 
Frequency: Yearly; Affected Public: Private Sector and State, Local, or 
Tribal Governments; Number of Respondents: 47; Total Annual Responses: 
47; Total Annual Hours: 2,350. (For policy questions regarding this 
collection contact: Amy Gentile at 410-786-3499.)
    3. Type of Information Collection Request: New information 
collection request; Title of Information Collection: Medicaid 1915(l) 
State Plan Option to Provide Medical Assistance for Eligible 
Individuals Who Are Patients in Eligible Institutions for Mental 
Diseases; Use: On March 9, 2024, section 204 of the Consolidated 
Appropriations Act amended section 1915(l) of the SSA to remove the end 
date of September 30, 2023, making 1915(l) a permanent optional state 
plan benefit, and making additional changes to the requirements for 
maintenance of effort review process for eligible institutions of 
mental disease, patient placement and utilization management, and 
provider assessments.
    The template is necessary for States to submit a state plan 
amendment on or before December 31, 2025, for an October 1, 2025, 
effective date. States will need adequate time to complete and vet 
these documents. If states do not have template, it could result in 
states not paying for such services, and beneficiaries not being able 
to receive such services. The longer the package update goes 
unpublished the likelihood of states missing the deadline increases.
    Form Number: CMS-10398 #93 (OMB control number: 0938-1148); 
Frequency: Once and Occasionally; Affected Public: State, Local, or 
Tribal Governments; Number of Respondents: 56; Total Annual Responses: 
56; Total Annual Hours: 1,400. (For policy questions regarding this 
collection contact: Marlana Thieler at 410-786-6274.)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2025-10824 Filed 6-12-25; 8:45 am]
BILLING CODE 4120-01-P


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Indexed from Federal Register on June 13, 2025.

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