Agency Information Collection Activities: Proposed Collection; Comment Request
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Issuing agencies
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 94 (Friday, May 15, 2026)</title>
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[Federal Register Volume 91, Number 94 (Friday, May 15, 2026)]
[Notices]
[Pages 27961-27962]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09747]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-10704]
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 July 14, 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: Extension of a currently
approved collection; Title of Information Collection: Health
Reimbursement Arrangements and Other Account-Based Group Health Plans;
Use: On June 20, 2019, the Department of the Treasury, the Department
of Labor, and the Department of Health and Human Services (HHS)
(collectively, the Departments) issued final regulations, titled
``Health Reimbursement Arrangements and Other Account-Based Group
Health Plans'' (84 FR 28888) (2019 final regulations) under section
2711 of the PHS Act and the health nondiscrimination provisions of
HIPAA, Public Law 104-191 (HIPAA nondiscrimination provisions). The
2019 final regulations expanded the use of health reimbursement
arrangements and other account-based group health plans (collectively
referred to as HRAs) and recognized certain HRAs as limited excepted
benefits (the excepted benefit HRA), for plan years beginning on or
after January 1, 2020. In general, the 2019 final regulations expanded
the use of HRAs by eliminating the prohibition on integrating HRAs with
individual health insurance coverage, thereby permitting employers to
offer individual coverage HRAs to employees that can be integrated with
individual health insurance coverage or Medicare Parts A and B, or Part
C. Under the 2019 final regulations, employees are permitted to use
amounts in an individual coverage HRA to pay expenses for medical care
(including premiums for individual health insurance coverage and
Medicare), subject to certain requirements.
The information collections associated with the 2019 final
regulations are related to the substantiation requirements for
individual coverage HRAs (45 CFR 146.123(c)(5)), the notice requirement
for individual coverage HRAs (45 CFR 146.123(c)(6)), and notification
of termination of coverage (45 CFR 146.123(c)(1)(iii)). Under final
regulations issued by HHS on May 14, 2020, titled ``Patient Protection
and Affordable Care Act; HHS Notice of Benefit and Payment Parameters
for 2021; Notice Requirement for Non-federal Governmental Plans'' (85
FR 29164), under 45 CFR 146.145(b)(3)(viii)(E), excepted benefit HRAs
offered by non-Federal governmental plan sponsors are required to
provide a notice that describes conditions pertaining to eligibility to
receive benefits, annual or lifetime caps or other limits on benefits
under the excepted benefit HRA, and a description or summary of the
benefits. This notice must be provided no later than 90 days after the
employee becomes a participant in the excepted benefit HRA and annually
thereafter. Form Number: CMS-10704 (OMB Control Number 0938-1361);
Frequency: Annually; Affected Public: State, Local or Tribal
governments; Number of Respondents: 6,354; Total Annual Responses:
1,347,048; Total Annual Hours: 3,136. (For policy questions
[[Page 27962]]
regarding this collection contact Adam Pellillo at (667) 290-9621.)
William N. Parham, III,
Director, Division of Information Collections and Regulatory Impact
Analysis, Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2026-09747 Filed 5-14-26; 8:45 am]
BILLING CODE 4120-01-P
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