Notice2026-06170
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
March 31, 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 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 91 Issue 61 (Tuesday, March 31, 2026)</title>
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[Federal Register Volume 91, Number 61 (Tuesday, March 31, 2026)]
[Notices]
[Pages 16002-16003]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06170]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-10752]
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 June 1, 2026.
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).
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 Collection
1. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Submission of
1135 Waiver Request Automated Process; Use: This is a revision of an
information collection request approved under Office of Management and
Budget (OMB) control number of 0938-1384 with an expiration date of
August 31, 2026. The Acute Hospital Care at Home (AHCAH) program will
no longer be included in this package.
Waivers under Section 1135 of the Social Security Act (the Act) and
certain flexibilities allow the CMS to relax certain requirements,
known as the Conditions of Participation (CoPs) or Conditions of
Coverage to promote the health and safety of beneficiaries. Under
Section 1135 of the Act, the Secretary may temporarily waive or modify
certain Medicare, Medicaid, and Children's Health Insurance Program
(CHIP) requirements to ensure that sufficient health care services are
available to meet the needs of individuals enrolled in Social Security
Act programs in the emergency area and time periods. These waivers
ensure that healthcare entities/caregivers who provide such services in
good faith can be reimbursed and exempted from sanctions.
During emergencies, CMS must be able to apply program waivers and
flexibilities under section 1135 of the Social Security Act, in a
timely manner to respond quickly to unfolding events. In a disaster or
emergency, waivers and flexibilities assist health care providers/
suppliers in providing timely healthcare and services to people who
have been affected and enables states, Federal districts, and U.S.
territories to ensure Medicare and/or Medicaid beneficiaries have
continued access to care. During disasters and emergencies, it is not
uncommon to evacuate patients in health care facilities to other
provider settings or across state lines, especially, during hurricane,
wildfire, and tornado events. CMS must collect relevant information for
which a provider is requesting a waiver or flexibility to
[[Page 16003]]
make proper decisions about approving or denying such requests.
Collection of this data aids in the prevention of gaps in access to
care and services before, during, and after an emergency. CMS must also
respond to inquiries related to a Public Health Emergency (PHE) from
providers. CMS is not collecting information from these inquiries; we
are merely responding to them.
The collection of the information surrounding 1135 Waiver requests/
inquiries is based on a case-by-case basis and not regularly scheduled
(e.g., quarterly, annually, by all providers/suppliers). The collection
of information only occurs when the healthcare entity, impacted by an
emergency, is requesting waivers/flexibilities under Section 1135 of
the Act or inquiring about PHEs. The collection of information is also
dependent on provider types; therefore, it is not a collection for all
Medicare-participating facilities.
In 2021, we implemented a streamlined, automated process to
standardize the 1135 waiver requests and inquiries submitted based on
lessons learned during the COVID-19 PHE.
Furthermore, the normal operations of a healthcare provider are
disrupted by emergencies or disasters occasionally. When this occurs,
State Survey Agencies (SA) or Health Care Providers deliver a provider/
beneficiary tracking report regarding the current status of all
affected healthcare providers and their beneficiaries. This report
includes demographic information about the beneficiary status,
provider, their operational status, anticipated needs and planned
resumption of normal operations. This information is provided whether
or not a PHE has been declared.
We are enhancing this information collection to better support
emergency response by capturing the emergency date, simplifying ongoing
status updates for stakeholders, and providing a more comprehensive
view of cybersecurity incidents through expanded reporting on patient
and operational impacts. This automated process will continue to
consist of a public facing web form as well as a process for SAs/
Providers to submit data using extracts (CSV or Excel) on emergent
events impacting Health Care Facilities via an automated mail handler
system. Both processes (public facing web form and extracts via an
automated mail handler system) are known as the Health Care Facility
(HCF) Operational Status. Form Number: CMS-10752 (OMB control number:
0938-1384); Frequency: Occasionally; Affected Public: Private Sector:
Business or other for-profits and Not-for-profit institutions and
State, Local or Tribal Governments; Number of Respondents: 4,829; Total
Annual Responses: 4,829; Total Annual Hours: 4,016. (For policy
questions regarding this collection, contact Adriane Saunders at 404-
562-7484.)
William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts,
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2026-06170 Filed 3-30-26; 8:45 am]
BILLING CODE 4120-01-P
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