Notice2025-12149
Agency Information Collection Activities: Proposed Collection; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 30, 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 123 (Monday, June 30, 2025)</title>
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[Federal Register Volume 90, Number 123 (Monday, June 30, 2025)]
[Notices]
[Pages 27868-27869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12149]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers: CMS-10506]
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 29, 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-10506 Conditions of Participation for Community Mental Health
Centers and Supporting Regulations
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: Reinstatement with
change of a previously approved collection; Title of Information
Collection: Conditions of Participation for Community Mental Health
Centers and Supporting Regulations; Use: The purpose of this package is
to request a re-instatement with change to the Office of Management and
Budget (OMB) of the collection of information requirements associated
with the conditions of participation (CoPs) that Community Mental
Health Centers (CMHCs) must meet to participate in the Medicare
program.
On October 29, 2013, we published CoPs, for CMHCs (78 FR 64630).
The CoPs included the following: Personnel qualifications (Sec.
485.904); Client Rights (Sec. 485.910); Admission, Initial Evaluation,
Comprehensive Assessment, and Discharge or Transfer of the Client
(Sec. 485.914); Treatment Team, Active Treatment Plan, and
Coordination of Services (Sec. 485.916); Quality Assessment and
Performance Improvement (Sec. 485.917); and Organization, Governance,
Administration of Services, and Partial Hospitalization Services (Sec.
485.918). We finalized emergency preparedness requirements for CMHCs
(Sec. 485.920) in the ``2016 Emergency Preparedness (EP) Final Rule''
published on September 16, 2016 (81 FR 63921). The information
collections associated the EP CoPs requirements can be found under OMB
Control Number 0938-1325.
On September 30, 2019, we published final rule, ``Medicare and
Medicaid Programs; Regulatory Provisions to Promote Program Efficiency,
Transparency, and Burden Reduction; Fire Safety Requirements for
Certain Dialysis Facilities; Hospital and Critical Access Hospital
(CAH) Changes to Promote Innovation, Flexibility, and Improvement in
Patient Care,'' which revised the CMHC CoPs at Sec. 485.914 (84 FR
51829, 51752 through 51754).
We finalized revisions to the CMHC CoPs in the ``CY 2024 Hospital
[[Page 27869]]
Outpatient Prospective Payment and Ambulatory Surgical Center Payment
Systems Final Rule,'' published on November 22, 2023 (88 FR 81540,
82076 through 82079). This final rule revised the following conditions
of participation: Personnel qualifications (Sec. 485.904), Admission,
Initial Evaluation, Comprehensive Assessment, and Discharge or Transfer
of the Client (Sec. 485.914); Treatment Team, Person-Centered Active
Treatment Plan, and Coordination of Services (Sec. 485.916); and
Organization, Governance, Administration of Services, Partial
Hospitalization Services (Sec. 485.918).
Medicare Part B covers partial hospitalization (PHP) services and
intensive outpatient (IOP) services furnished by or under arrangements
made by the CMHC if they are provided by a CMHC as defined in 42 CFR
410.110. Section 4162 of the Omnibus Budget Reconciliation Act of 1990
(OBRA 1990) (Pub. L. 101-508) amended sections 1832(a)(2) and
1861(ff)(3) of the Act to allow CMHCs to provide PHP services.
Furthermore, the Consolidated Appropriations Act (CAA), 2023 (Pub. L.
117-238) established in section 4124 coverage of IOP services in CMHCs.
The legislation extended Medicare coverage and payment of IOP services
furnished by a CMHC beginning January 1, 2024, adding to the existing
coverage and payment for PHP services in CMHCs. Section 4121 of the
CAA, 2023 also established a new Medicare benefit category for services
furnished and directly billed by Mental Health Counselors (MHCs) and
Marriage and Family Therapists (MFTs).
The services provided by CMHCs must be furnished by, or under
arrangement with a CMHC participating in the Medicare program. They
must include the following:
<bullet> Prescribed by a physician and furnished under the general
supervision of a physician.
<bullet> Subject to certification by a physician in accordance with
42 CFR 424.24(e)(1).
<bullet> Furnished under a treatment plan that meets the
requirements of 42 CFR 424.24(e)(2).
<bullet> Provides outpatient services, including specialized
outpatient services for children, elderly individuals, individuals with
serious mental illness, and residents of its mental health service area
who have been discharged from inpatient mental health facilities.
<bullet> Provides 24-hour-a-day emergency care services.
<bullet> Provides day treatment, partial hospitalization services
(PHP) or intensive outpatient services (IOP) other than an individual's
home or in an inpatient or residential setting, or psychosocial
rehabilitation services.
<bullet> Provides screening for clients being considered for
admission to State mental health facilities to determine the
appropriateness of such services unless otherwise directed by State
law.
<bullet> Meets applicable licensing or certification requirements
for CMHCs in the state in which it is located.
<bullet> Provides at least 40 percent of its services to
individuals who are not eligible for benefits under title XVIII of the
Act.
We collect information on several health and safety aspects, such
as Client rights (Sec. 485.910) active treatment plans (Sec.
485.916), Quality assessment and performance improvement (Sec.
485.917), and governance (Sec. 485.918).
The primary users of this information will be Federal and State
agency surveyors for determining through the survey process, whether a
CMHC qualifies for approval or re-approval under Medicare. CMS and its
contractors will use this information to review claims to determine
whether the patient is eligible for the PHP or IOP benefit and whether
the claim meets the criteria for coverage and Medicare payment. Lastly,
the information will be used by CMHCs to ensure their own compliance
with all requirements to assist in guiding their patient care and
quality programs. Form Number: CMS-10506 (OMB control number: 0938-
1245); Frequency: Occasionally; Affected Public: Private sector--
Business or other for-profits and Not-for-profit organizations; Number
of Respondents: 1,475; Total Annual Responses: 7,420; Total Annual
Hours: 1,434. (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. 2025-12149 Filed 6-27-25; 8:45 am]
BILLING CODE 4120-01-P
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</html>Indexed from Federal Register on June 30, 2025.
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