Notice2026-17875
Agency Information Collection Activities: Proposed Collection; Comment Request
Primary source
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Published
September 1, 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 168 (Tuesday, September 1, 2026)</title>
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[Federal Register Volume 91, Number 168 (Tuesday, September 1, 2026)]
[Notices]
[Pages 56147-56148]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17875]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers: CMS-10241, CMS-10510 and CMS-10137]
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 November 2, 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 Collections
1. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Survey of Retail
Prices; Use: This information collection request provides for a survey
of the average acquisition costs of all covered outpatient drugs
purchased by retail community pharmacies. CMS may contract with a
vendor to conduct monthly surveys of retail prices for covered
outpatient drugs. Such prices represent a nationwide average of
consumer purchase prices, net of discounts and rebates. The contractor
shall provide notification when a drug product becomes generally
available and that the contract includes such terms and conditions as
the Secretary shall specify, including a requirement that the vendor
monitor the marketplace. CMS has developed a National Average Drug
Acquisition Cost (NADAC) for states to consider when developing
reimbursement methodology. The NADAC is a pricing benchmark that is
based on the national average costs that pharmacies pay to acquire
Medicaid covered outpatient drugs. This pricing benchmark is based on
drug acquisition costs collected directly from pharmacies through a
nationwide survey process. This survey is conducted on a monthly basis
to ensure that the NADAC reference file remains current and up to date.
Form Number: CMS-10241 (OMB control number 0938-1041); Frequency:
Monthly; Affected Public: Private sector (Business or other for-
profits); Number of Respondents: 72,000; Total Annual Responses:
72,000; Total Annual Hours: 36,000. (For policy questions regarding
this collection contact: Robert Giles at 410-786-4050.)
2. Type of Information Collection Request: Revision of a currently
approved collection; Title: Basic Health Program (BHP) Supporting
Regulations; Use: Section 1331 of the Affordable Care Act (ACA) gives
States the option of creating a Basic Health Program (BHP) which is a
health benefits coverage program for low-income residents who would
otherwise be eligible to purchase
[[Page 56148]]
coverage through the Exchange. The BHP gives States the ability to
provide more affordable coverage for these low-income residents and
improve continuity of care for people whose income fluctuates above and
below Medicaid and Children's Health Insurance Program (CHIP) levels.
This iteration proposes to revise the active collection of information
instruments and (in line with sections 71301 and 71302 of the Working
Families Tax Cut legislation) remove State eligibility for BHP funding
attributable to certain non-citizens while maintaining BHP program
eligibility for the same non-citizens. Form Number: CMS-10510 (OMB
control number: 0938-1218); Frequency: Monthly and annually; Affected
Public: State, Local or Tribal Government; Number of Respondents: 4;
Number of Responses: 55; Total Annual Hours: 7,744. For policy
questions regarding this collection contact Carrie Grubert 410-786-
8319.
3. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Solicitation for
Applications for Medicare Prescription Drug Plan 2028 Contracts; Use:
Coverage for the prescription drug benefit is provided through
contracted prescription drug plans (PDPs) or through Medicare Advantage
(MA) plans that offer integrated prescription drug and health care
coverage (MA-PD plans). Cost Plans that are regulated under Section
1876 of the Social Security Act, and Employer Group Waiver Plans (EGWP)
may also provide a Part D benefit. Organizations wishing to provide
services under the Prescription Drug Benefit Program must complete an
application, negotiate rates, and receive final approval from CMS.
Existing Part D Sponsors may also expand their contracted service area
by completing the Service Area Expansion (SAE) application.
Collection of this information is mandated in Part D of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(MMA) in Subpart 3. The application requirements are codified in
Subpart K of 42 CFR 423 entitled ``Application Procedures and Contracts
with PDP Sponsors.''
The information will be collected under the solicitation of
proposals from PDP, MA-PD, Cost Plan, Program of All-Inclusive Care for
the Elderly (PACE), and EGWP applicants. The collected information will
be used by CMS to: (1) ensure that applicants meet CMS requirements for
offering Part D plans (including network adequacy, contracting
requirements, and compliance program requirements, as described in the
application), (2) support the determination of contract awards. Form
Number: CMS-10137 (OMB control number: 0938-0936); Frequency: Annually;
Affected Public: Individuals and Households; Private Sector--Not-for-
profit institutions and Business or other for-profits; Number of
Respondents: 750; Total Annual Responses: 380; Total Annual Hours:
1,643.47. (For policy questions regarding this collection contact April
Forsythe at 410-786-8493 or <a href="/cdn-cgi/l/email-protection#7f3e0f0d16135139100d0c060b171a3f1c120c5117170c51181009"><span class="__cf_email__" data-cfemail="f2b382809b9edcb49d80818b869a97b2919f81dc9a9a81dc959d84">[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. 2026-17875 Filed 8-31-26; 8:45 am]
BILLING CODE 4120-01-P
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