Notice2026-07634
Agency Information Collection Activities: Submission for OMB Review; 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
April 20, 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 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 91 Issue 75 (Monday, April 20, 2026)</title>
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[Federal Register Volume 91, Number 75 (Monday, April 20, 2026)]
[Notices]
[Pages 20998-20999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07634]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-10242 and CMS-1771]
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 May 20, 2026.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent 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: Extension of a currently
approved collection; Title of Information Collection: Emergency
Ambulance Transports and Beneficiary Signature; Use: The statutory
authority requiring a beneficiary's signature on a claim submitted by a
provider is located in section 1835(a) and in 1814(a) of the Social
Security Act (the Act), for Part B and Part A services, respectively.
The authority requiring a beneficiary's signature for supplier claims
is implicit in sections 1842(b)(3)(B)(ii) and in 1848(g)(4) of the Act.
Federal regulations at 42 CFR 424.32(a)(3) state that all claims must
be signed by the beneficiary or on behalf of the Beneficiary (in
accordance with 424.36). Section 424.36(a) states that the
beneficiary's signature is required on a claim unless the beneficiary
has died or the provisions of 424.36(b), (c), or (d) apply.
For emergency and nonemergency ambulance transport services, where
the beneficiary is physically or mentally incapable of signing the
claim (and the beneficiary's authorized representative is unavailable
or unwilling to sign the claim), that it is impractical and infeasible
to require an ambulance provider or supplier to later locate the
beneficiary or the person authorized to sign on behalf of the
beneficiary, before submitting the claim to Medicare for payment.
Therefore, an exception was created to the beneficiary signature
requirement with respect to emergency and nonemergency ambulance
transport services, where the beneficiary is physically or mentally
incapable of signing the claim, and if certain documentation
requirements are met. Thus, we added subsection (6) to paragraph (b) of
42 CFR 424.36. The information required in this ICR is needed to help
ensure that services were in fact rendered and were rendered as billed.
Form Number: CMS-10242 (OMB control number: 0938-1049); Frequency:
Occasionally; Affected Public: Private sector, Business or other for-
profit, Not-for-profits institutions; Number of Respondents: 10,278;
Total Annual Responses: 9,265,931; Total Annual Hours: 771,852. (For
policy questions regarding this collection contact Frederick Grabau at
410-786-0206.)
2. 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 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
[[Page 20999]]
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.)
William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts,
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2026-07634 Filed 4-17-26; 8:45 am]
BILLING CODE 4120-01-P
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