Notice2026-02871
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Primary source
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Published
February 13, 2026
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 also required to publish notice in the Federal Register concerning each proposed collection of information before the agency's request is submitted to OMB for approval.
Full Text
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<title>Federal Register, Volume 91 Issue 30 (Friday, February 13, 2026)</title>
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[Federal Register Volume 91, Number 30 (Friday, February 13, 2026)]
[Notices]
[Pages 6843-6845]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02871]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-1771, CMS-10488, CMS-10407 and CMS-R-284]
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 also required to publish notice
in the Federal Register concerning each proposed collection of
information before the agency's request is submitted to OMB for
approval.
DATES: Comments on the collection(s) of information must be received by
the OMB desk officer by April 14, 2026.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 60 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 60-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.
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.
Information Collection
1. Type of Information Collection Request: Reinstatement without
change of a previously approved collection; Title: Emergency and
Foreign Hospital Services and Supporting Regulation in 42 CFR 424.103;
Use: Section 1866 of the Social Security Act states that any provider
of services shall be qualified to participate in the Medicare program
and shall be eligible for payments under Medicare if it files an
agreement with the Secretary to meet the conditions
[[Page 6844]]
outlined in this section of the Act. Section 1814(d)(1) of the Social
Security Act and 42 CFR 424.100, allows payment of Medicare benefits
for a Medicare beneficiary to a nonparticipating hospital that does not
have an agreement in effect with the Centers for Medicare and Medicaid
Services. These payments can be made if such services were emergency
services and if CMS would be required to make the payment if the
hospital had an agreement in effect and met the conditions of payment.
This form is used in connection with claims for emergency hospital
services provided by hospitals that do not have an agreement in effect
under Section 1866 of the Social Security Act.
42 CFR 424.103 (b) requires that before a non-participating
hospital may be paid for emergency services rendered to a Medicare
beneficiary, a statement must be submitted that is sufficiently
comprehensive to support that an emergency existed. Form CMS-1771
contains a series of questions relating to the medical necessity of the
emergency. The attending physician must attest that the hospitalization
was required under the regulatory emergency definition (42 CFR 424.101
attached) and give clinical documentation to support the claim. A
photocopy of the beneficiary's hospital records may be used in lieu of
the CMS-1771 if the records contain all the information required by the
form.; Form Number: CMS-1771 (OMB Control Number: 0938-0023);
Frequency: Annually; Affected Public: Private Sector, Business or other
for-profit and not-for-profit institutions; Number of Respondents: 100;
Number of Responses: 200; Total Annual Hours: 50. (For policy questions
regarding this collection contact Shauntari Cheely at 410-786-1818.)
2. Type of Information Collection Request: Revision of currently
approved collection; Title of Information Collection: Consumer
Experience Survey Data Collection; Use: Section 1311(c)(4) of the
Affordable Care Act requires the Department of Health and Human
Services (HHS) to develop an enrollee satisfaction survey system that
assesses consumer experience with qualified health plans (QHPs) offered
through an Exchange. It also requires public display of enrollee
satisfaction information by the Exchange to allow individuals to easily
compare enrollee satisfaction levels between comparable plans. HHS
established the QHP Enrollee Experience Survey (QHP Enrollee Survey) to
assess consumer experience with the QHPs offered through the
Marketplaces. The survey includes topics to assess consumer experience
with the health care system such as communication with providers and
ease of access to health care services.
CMS developed the survey using the Consumer Assessment of Health
Providers and Systems (CAHPS[supreg]) principles (<a href="https://www.ahrq.gov/cahps/about-cahps/principles/index.html">https://www.ahrq.gov/cahps/about-cahps/principles/index.html</a>) and established an application
and approval process for survey vendors who want to participate in
collecting QHP enrollee experience data. The QHP Enrollee Survey, which
is based on the CAHPS[supreg] Health Plan Survey, will be used to (1)
help consumers choose among competing health plans, (2) provide
actionable information that the QHPs can use to improve performance,
(3) provide information that regulatory and accreditation organizations
can use to regulate and accredit plans, and (4) provide a longitudinal
database for consumer research. To develop the QHP Enrollee Survey, CMS
completed developmental testing, including psychometric testing and
beta testing. Additional changes made the survey since its development
have been informed by focus groups with consumers and QHP issuers,
cognitive testing with consumers, and input CMS received from
interested parties. CMS previously obtained clearance for the 2016-2026
administrations of the QHP Enrollee Survey. At this time, CMS is
requesting to renew approval for the information collection related to
the QHP Enrollee Experience Survey in 2027-2029. These activities are
necessary to ensure that CMS fulfills legislative mandates established
by section 1311(c)(4) of the Affordable Care Act to develop an
``enrollee satisfaction survey system'' and provide such information on
Marketplace websites. CMS is also seeking approval to revise the QHP
Enrollee Survey beginning with 2027 to improve response rates, reduce
burden on QHP enrollees and improve overall instrument alignment with
the Consumer Assessment of Healthcare Providers and Systems (CAHPS) 5.1
Survey. To accomplish this, CMS is proposing to remove four questions
related to tobacco-usage that are used to calculate the Medical
Assistance with Smoking and Tobacco Use Cessation measure. CMS is also
proposing to replace the two demographic questions related to race and
ethnicity with one question aligned with the Office of Management and
Budget (OMB) Revisions to OMB's Statistical Policy Directive No. 15:
Standards for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity. CMS is further proposing to refine the survey
instrument to align questions related to telehealth with the CAHPS 5.1
Survey. CMS is also proposing to add 5 gate questions to allow
participants to screen out of detailed follow-up questions that do not
apply to them (see the Crosswalk of Changes to the QHP Enrollee
Survey). CMS proposes allowing the customization of the mail and
internet survey instruments to replace ``Qualified Health Plan (QHP)''
with the QHP issuer's name on the cover page. CMS is also proposing to
update the QHP Enrollee Survey sampling protocol to allow oversampling
at any level. CMS is also seeking to add a third email reminder on Day
40 of the fielding timeline and to extend the telephone dialing period
by one week to begin on Day 48 of the fielding timeline. Finally, CMS
is proposing revisions to the survey instrument, prenotification
letter, reminder letter, survey cover letter, and notification/reminder
emails for plain language to reduce repetition and improve readability.
Form Number: CMS-10488 (OMB control number: 0938-1221); Frequency:
Annually; Affected Public Sector: (Individuals and Households), Private
sector (Business or other for-profits and Not-for-profit institutions);
Number of Respondents: 72,008 respondents; Total Annual Responses:
72,008; Total Annual Hours: 12,013. (For policy questions regarding
this collection contact Preeti Hans 301-492-5114).
3. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Summary of
Benefits and Coverage and Uniform Glossary; Use: The Affordable Care
Act amends the Public Health Service Act (PHS Act) by adding section
2715 ``Development and Utilization of Uniform Explanation of Coverage
Documents and Standardized Definitions.'' This section directs the
Secretary, in consultation with the National Association of Insurance
Commissioners (NAIC) and a working group composed of stakeholders, to
develop standards for use by a group health plan and a health insurance
issuer in compiling and providing to applicants, enrollees, and
policyholders and certificate holders a summary of benefits and
coverage (SBC) explanation that accurately describes the benefits and
coverage under the applicable plan or coverage. Section 2715 also
requires 60-days advance notice of any material modification in any of
the terms of the plan or coverage that is not reflected in the most
recently provided summary
[[Page 6845]]
and the development of standards for the definitions of terms used in
health insurance coverage.
This information collection will ensure that over 30 million
consumers shopping for or enrolled in private, individually purchased,
or non-federal governmental group health plan coverage receive the
consumer protections of the Affordable Care Act. Employers, employees,
and individuals will use this information to compare coverage options
prior to selecting coverage and to understand the terms of, and extent
of medical benefits offered by, their coverage (or exceptions to such
coverage or benefits) once they have coverage. Form Number: CMS-10407
(OMB control number 0938-1146); Frequency: Annually; Affected Public:
Private Sector--Business or other for-profits and Not-for-profit
institutions; Number of Respondents: 90,805; Number of Responses:
10,507,165; Total Annual Hours: 204,140. (For policy questions
regarding this collection contact Daniel Kidane at
<a href="/cdn-cgi/l/email-protection#b7d3d6d9ded2db99dcded3d6d9d2f7d4dac499dfdfc499d0d8c1"><span class="__cf_email__" data-cfemail="4c282d22252920622725282d22290c2f213f6224243f622b233a">[email protected]</span></a>.)
4. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Transformed--
Medicaid Statistical Information System (T-MSIS); Use: The data
reported in T-MSIS are used by federal, state, and local officials, as
well as by private researchers and corporations to monitor past and
projected future trends in the Medicaid and CHIP programs. The data
provide the only national level information available on enrollees,
beneficiaries, and expenditures. It also provides the only national
level information available on Medicaid utilization. The information is
the basis for analyses and for cost savings estimates for the
Department's cost sharing legislative initiatives to Congress. The
collected data are also crucial to our actuarial forecasts.
This iteration proposes to: (1) add a new valid value that will
enable CMS to obtain A-Number, I-94 Number, SEVIS ID, and I-797 Receipt
Number for Medicaid and CHIP beneficiaries, (2) add a new valid value
to identify state-specific managed care program codes, (3) remove the
collection of SOGI data, (4) remove the active Records Layouts file,
and (5) update certain T-MSIS Data Dictionary documents. We are not
proposing any burden changes.
Form Number: CMS-R-284 (OMB control number: 0938-0345); Frequency:
Quarterly and monthly; Affected Public: State, Local, or Tribal
Governments; Number of Respondents: 54; Total Annual Responses: 648;
Total Annual Hours: 7,290. (For policy questions regarding this
collection contact Connie Gibson at 410-786-0755.)
William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts,
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2026-02871 Filed 2-12-26; 8:45 am]
BILLING CODE 4120-01-P
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