View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0938-0746
ICR Reference No:
202404-0938-003
Status:
Active
Previous ICR Reference No:
202309-0938-010
Agency/Subagency:
HHS/CMS
Agency Tracking No:
CMCS
Title:
Medicaid Disproportionate Share Hospital Annual Reporting (CMS-R-266)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
04/26/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/03/2024
Terms of Clearance:
OMB is approving this information collection request associated with rulemaking (RIN 0938-AV00) for a period of three years during which time the agency will request approval to extend or revise the collection if the agency seeks to continue the information collection activity beyond the period approved under this action.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2027
36 Months From Approved
11/30/2026
Responses
50
0
51
Time Burden (Hours)
2,250
0
2,142
Cost Burden (Dollars)
0
0
0
Abstract:
Section 1923(a)(2)(D) of the Act requires the States to submit an annual report that identifies each DHS payment under the State's Medicaid program in the preceding fiscal year and the amount of DSH payments paid to that hospital in the same year and such other information as the Secretary determines necessary to ensure the appropriateness of DHS payments. The information supplied will satisfy the requirements under section 1923(a)(2)(D) of the Act as well.
Authorizing Statute(s):
PL:
Pub.L. 108 - 173 1001
Name of Law: Medicare Modernization Act
Statute at Large:
19 Stat. 1923
Citations for New Statutory Requirements:
PL: Pub.L. 108 - 173 1001 Name of Law: Medicare Modernization Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0938-AV00
Final or interim final rulemaking
89 FR 13916
02/23/2024
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
88 FR 11865
02/24/2023
30-day Notice:
Federal Register Citation:
Citation Date:
89 FR 13916
02/23/2024
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Medicaid Disproportionate Share Hospital (DSH) Annual Report
CMS-R-266
Data Element Report Template
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
50
51
0
0
-1
0
Annual Time Burden (Hours)
2,250
2,142
0
150
-42
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
CMS-2445-F requires the submission of an additional element of data in an electronic spreadsheet format that is already part of the collection requirement. We estimate the additional data element would take approximately 3 additional hours. In aggregate, the estimated annual burden is 150 hours (50 States x 3 hour). Outside of and unrelated to the final rule we have adjust our active number of respondents from 51 to 50 as Massachusetts is excluded from the estimated number of respondents as it currently does not complete DSH audits because its entire DSH allotment amount is diverted for payments under a section 1115 demonstration project. The District of Columbia is included in our active estimate and remains as is. The change reduces our total time estimate by 2,142 hours (42 hr x 51 States) Active 2,100 hours (42 hr x 50 States) Adjustment minus 42 total hours Combined, this iteration removes one response (from 51 to 50 responses) and increases our time estimate by 108 hours (150 hr - 42 hr).
Annual Cost to Federal Government:
$2,826
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Mitch Bryman 410 786-5258 Mitch.Bryman@cms.hhs.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
04/03/2024
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