Notice2025-16488
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Primary source
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Published
August 28, 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 a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate 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 165 (Thursday, August 28, 2025)</title>
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[Federal Register Volume 90, Number 165 (Thursday, August 28, 2025)]
[Notices]
[Pages 42013-42014]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16488]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-10277 and CMS-10416]
Agency Information Collection Activities: Submission for OMB
Review; 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 a second opportunity
for public comment on the notice. Interested persons are invited to
send comments regarding the burden estimate 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 on the collection(s) of information must be received by
the OMB desk officer by September 29, 2025.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent
[[Page 42014]]
within 30 days of publication of this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
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 Parham at (410) 786-4669.
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(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 (44 U.S.C. 3506(c)(2)(A)) requires
federal agencies to publish a 30-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 that
summarizes the following proposed collection(s) of information for
public comment:
1. Type of Information Collection Request: Reinstatement with
change of a previously approved collection; Title of Information
Collection: Medicare and Medicaid Programs: Conditions of Participation
for Hospices; Use: Under the Medicare program, eligible beneficiaries
may receive covered services in a hospice, provided that certain
requirements are met by the hospice. Hospice care means a comprehensive
set of services identified and coordinated by an interdisciplinary
group to provide for the physical, psychosocial, spiritual and
emotional needs of a terminally ill patient and/or family members, as
delineated in a specific patient plan of care.
The information collection requirements (ICRs) described herein are
needed to implement the Medicare Conditions of Participation (CoPs) for
Medicare-participating hospices. The CoPs help assure an adequate level
of patient health and safety in participating hospices and help ensure
that Medicare hospice eligibility requirements are being met. CMS
originally published the Hospice Conditions of Participation on June 5,
2008 (hereinafter ``2008 Final Rule''). The regulations containing the
information collection requirements are located at 42 CFR part 418 of
the Code of Federal Regulations, Subparts B, C and D.
This is a reinstatement of the information collection request that
expired on March 31, 2024. The previous iteration of this OMB Control
Number: 0938-1067 (approved March 23, 2021) had an annual burden of
3,639,215 hours and annual costs of $273,001,454. For this requested
reinstatement, with changes, the total annual burden hours for industry
is 4,032,329 hours and the annual burden costs are $350,449,922. The
10.8% increase in hours is primarily due to the increase in the number
of hospices since the last iteration.
Since the last reinstatement was approved in March 2021, CMS
revised one of the hospice CoPs at 42 CFR 418.76 in the proposed rule,
Medicare Program: FY 2022 Hospice Wage Index and Payment Rate Update,
Hospice Conditions of Participation Updates, Hospice and Home Health
Quality Reporting Program Requirements published on April 14, 2021 (86
FR 19700). As CMS addressed in the final rule (CMS-1754-F) published on
August 4, 2021 (86 FR 42528), the comments received supported the
proposed revisions and did not require any changes to the original
burden estimates in this PRA package. This reinstatement incorporates
the policy changes made to Section 418.76 through this rule and updates
the associated burden estimates based on the original assumptions.
In November 2021, CMS required hospices to develop policies and
procedures as a CoP to ensure all staff were fully vaccinated and the
burden requirements were detailed in OMB Control Number: 0938-0266.
However, CMS removed this requirement and related burden for hospices
(and other facilities) in June 2023. Form Number: CMS-10277 (OMB
control number: 0938-1067); Frequency: Yearly; Affected Public: Private
sector (Business or other for-profit and Not-for-profit institutions);
Number of Respondents: 7,356; Total Annual Responses: 9,209,893; Total
Annual Hours: 4,032,329. (For policy questions regarding this
collection contact Claudia Molinar at 410-786-8445.)
2. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Blueprint for
Approval of State-based Exchange; Use: The Patient Protection and
Affordable Care Act (ACA) and its implementing regulations provide
states with flexibility in the design and operation of Exchanges to
ensure states are implementing Exchanges that best meet the needs of
their consumers. States can choose to establish and operate a State-
based Exchange (SBE) or a State-based Exchange on the Federal Platform
(SBE-FP). To ensure a state can operate a successful and compliant SBE
or SBE-FP, it is critical that states provide CMS with a complete and
thorough Exchange Blueprint Application, Declaration of Intent Letter,
and attest to demonstrate operational readiness. The information
collected from states will be used by CMS, IRS, SSA and reviewed by
other Federal agencies to determine if a state can implement a complete
and fully operational Exchange. Form Number: CMS-10416 (OMB control
number: 0938-1172); Frequency: Annually; Affected Public: State, Local,
or Tribal governments; Number of Respondents: 2; Total Annual
Responses: 21; Total Annual Hours: 106. (For policy questions regarding
this collection contact Tiffany Y. Animashaun at
<a href="/cdn-cgi/l/email-protection#aafec3cccccbc4d384ebc4c3c7cbd9c2cbdfc4eac9c7d984c2c2d984cdc5dc"><span class="__cf_email__" data-cfemail="edb9848b8b8c8394c3ac8384808c9e858c9883ad8e809ec385859ec38a829b">[email protected]</span></a>.)
William N. Parham, III
Director, Division of Information Collections and Regulatory Impacts,
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2025-16488 Filed 8-27-25; 8:45 am]
BILLING CODE 4120-01-P
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