Notice2025-11324

Agency Information Collection Activities: Proposed Collection; Comment Request

Primary source

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Published
June 20, 2025

Issuing agencies

Health and Human Services DepartmentCenters for Medicare & Medicaid Services

Abstract

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 (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.

Full Text

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<title>Federal Register, Volume 90 Issue 117 (Friday, June 20, 2025)</title>
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[Federal Register Volume 90, Number 117 (Friday, June 20, 2025)]
[Notices]
[Pages 26301-26302]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11324]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10501, CMS-10846 and CMS-10578]


Agency 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: 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 (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 August 19, 2025.

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 
<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 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, please access 
the CMS PRA website by copying and pasting the following web address 
into your web browser: <a href="https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing</a>.

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-10501 Healthcare Fraud Prevention Partnership (HFPP): Data Sharing 
and Information Exchange
CMS-10846 Medicare Part D Manufacturer Discount Program
CMS-10578 Emergency Preparedness Requirements for Medicare and Medicaid 
Providers Participating Providers and Suppliers

    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 Collections

    1. Type of Information Collection Request: Revision of currently 
approved collection; Title: Healthcare Fraud Prevention Partnership 
(HFPP) Data Sharing and Information Exchange; Use: Section 1128C(a)(2) 
of the Social Security Act (42 U.S.C. 1320a-7c(a)(2)) authorizes the 
Secretary and the Attorney General to consult, and arrange for the 
sharing of data with, representatives of health plans for purposes of 
establishing a Fraud and Abuse Control Program as specified in Section 
1128(C)(a)(1) of the Social Security Act. The result of this authority 
has been the establishment of the HFPP. The HFPP was officially 
established by a Charter in the fall of 2012 and signed by HHS 
Secretary Sibelius and U.S. Attorney General Holder. In December 2020, 
President Trump signed into law H.R.133--Consolidated Appropriations 
Act, 2021, which amended Section 1128C(a) of the Social Security Act 
(42 U.S.C. 1320a-7c(a)) providing explicit statutory authority for the 
Healthcare Fraud Prevention Partnership including the potential 
expansion of the public-private partnership analyses.
    Data sharing within the HFPP primarily focuses on conducting 
studies for the purpose of combatting fraud, waste, and abuse. These 
studies are intended to target specific vulnerabilities within the 
payment systems in both the public and private healthcare sectors. The 
HFPP and its committees design and develop studies in coordination with 
the TTP. The core function of the TTP is to manage and execute the HFPP 
studies within the HFPP. Form Number: CMS-10501 (OMB control number: 
0938-1251); Frequency: Occasionally; Affected Public: Private sector 
(Business or other for-profits); Number of Respondents: 28; Number of 
Responses: 28; Total Annual Hours: 120. (For questions regarding this 
collection, contact Maricruz Bonfante at (410-786-5086).

[[Page 26302]]

    2. Type of Information Collection Request: Revision with change of 
the currently approved collection; Title: Medicare Part D Manufacturer 
Discount Program; Use: Congress enacted the Inflation Reduction Act of 
2022, Public Law 117-169 (IRA). Section 11201 of the IRA eliminates the 
coverage gap phase of the Part D benefit. It also sunsets the coverage 
gap discount program (CGDP) after December 31, 2024, and amends the 
Social Security Act (the Act) to add section 1860D-14C, requiring the 
Secretary to establish a new Medicare Part D manufacturer discount 
program (MDP) beginning January 1, 2025. Under the MDP, participating 
manufacturers are required to provide discounts on their ``applicable 
drugs'' (brand drugs, biologics, and biosimilars) both in the initial 
coverage phase and in the catastrophic coverage phase of the Part D 
benefit.
    Information in this collection is needed to set up agreements 
between manufacturers and CMS. Under section 1860D-14C(a) of the Act, 
such agreements are required for manufacturers in order to participate 
in the MDP and, under section 1860D43(a) of the Act, for their 
applicable drugs to be covered under Part D beginning in 2025. The 
information collected from manufacturers in the Health Plan Management 
System (HPMS) (Appendix A) is needed to create and execute MDP 
agreements and to determine which manufacturers qualify as a specified 
manufacturer or specified small manufacturer for phased-in discounts 
under section 1860D-14C(g)(4) of the Act. Banking information collected 
by the TPA from manufacturers and plan sponsors (Appendix B) is needed 
to prepare invoices and process financial transactions (deposits and 
payments) through the ACH. Form Number: CMS-10846 (OMB control number: 
0938-1451); Frequency: Once; Affected Public: Private sector, Business 
or other for-profits and Not-for-profits institutions; Number of 
Respondents: 200; Number of Responses: 200; Total Annual Hours: 320. 
(For questions regarding this collection, contact Maricruz Bonfante at 
(410-786-5086).
    3. Type of Information Collection Request: Reinstatement with 
change of a previously approved collection; Title of Information 
Collection: Emergency Preparedness Requirements for Medicare and 
Medicaid Providers Participating Providers and Suppliers; Use: This is 
a reinstatement of the information collection request that expired on 
January 31, 2023. The previous iteration of this OMB Control Number: 
0938-1325 had a burden of 1,260,474 annual hours. For this requested 
reinstatement, with changes, the total annual burden hours for industry 
is 1,251,158 hours and the annual burden costs are $401,106,506.
    Emergency Preparedness information collections were established as 
a result of the Omnibus final rule ``Medicare and Medicaid Programs; 
Emergency Preparedness Requirements for Medicare and Medicaid 
Participating Providers and Suppliers,'' 81 FR 63860 (September 16, 
2016) (hereinafter ``2016 Final Rule''). This information collection 
request captures the burden necessary for existing providers and 
suppliers to maintain their emergency preparedness collection of 
information requirements. This request also captures the burden to 
develop and implement the emergency preparedness requirements for newly 
approved Medicare and Medicaid providers and suppliers, also referred 
to as facilities.
    This information collection (``IC'') is an ``Omnibus'' request. The 
emergency preparedness Conditions of Participation (CoPs) apply to the 
19 Medicare and Medicaid providers that are listed in the next section. 
However, for reasons discussed below, this information collection 
request captures the burden for 17 of the affected Medicare and 
Medicaid providers and suppliers.
    This is a departure, as we normally submit information collection 
requests (``ICRs'') by provider and supplier type. For example, the 
collection of information(s) stemming from the Conditions of 
Participation for the ``Hospital'' provider type are under OMB Control 
Number: 0938-0328. The collection of information(s) stemming from the 
Conditions of Participations for the ``Hospice'' provider type are 
under OMB Control Number: 0938-1067, etc. We make this exception for 
continuity and simplicity. We continue to cross reference this 
emergency preparedness IC in each provider type's individual 
information collection request.
    In response to past terrorist attacks, natural disasters, and the 
subsequent national need to refine the nation's strategy to handle 
emergency situations, there continues to be a coordinated effort across 
Federal agencies to establish a foundation for development and 
expansion of emergency preparedness systems.
    This reinstatement includes a new facility type, Rural Emergency 
Hospitals (REHs), which was created in 2021, after the prior 
reinstatement for this package had been approved in 2020. Congress 
introduced the designation Rural Emergency Hospitals (REHs) as part of 
the Consolidated Appropriations Act of 2021 (Pub. L. 116-260), which is 
codified at 42 United States Code Sec.  1395x(kkk)(1) or Section 
1861(kkk)(1) of the Social Security Act. REHs are subject to the 
Emergency Preparedness CoPs per 42 CFR 485.542 and are similar to the 
Critical Access Hospital (CAH's) Emergency Preparedness CoPs. Form 
Number: CMS-10578 (OMB control number 0938-1325); Frequency: Annually; 
Affected Public: Private Sector: Business or other for-profits and Not-
for-profits institutions; Number of Respondents: 60,712; Total Annual 
Responses: 80,915; Total Annual Hours: 1,251,158. (For policy questions 
regarding this collection contact Claudia Molinar at 410-786-8445.)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2025-11324 Filed 6-18-25; 8:45 am]
BILLING CODE 4120-01-P


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Indexed from Federal Register on June 20, 2025.

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