View Information Collection Request (ICR) Package

OMB Control No: 0938-1417	ICR Reference No: 202404-0938-025
Status: Historical Inactive	Previous ICR Reference No: 202203-0938-005
Agency/Subagency: HHS/CMS	Agency Tracking No: CM-CPC IPPS
Title: Distribution of GME Residency Positions Under Section 126 of the Consolidated Appropriations Act (CAA), 2021, and Section 4122 of the CAA, 2023 (CMS-10790)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 07/01/2024
	Date Received in OIRA: 05/02/2024
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2025	36 Months From Approved	03/31/2025
Responses	1,325	0	1,325
Time Burden (Hours)	10,600	0	10,600
Cost Burden (Dollars)	0	0	0

Abstract: Section 126 of the Consolidated Appropriations Act (CAA), 2020 (Public Law 116-93), enacted December 20, 2020, included a key provision affecting Medicare payments for Graduate Medical Education (GME). Section 126(a) of the CAA amended section 1886(h) of the Act by adding a new section 1886(h)(9) requiring the distribution of additional residency positions (slots) to qualifying hospitals. Section 1886(h)(9)(A) of the law makes an additional 1,000 Medicare funded residency slots available. Section 1886(h)(9)(B) requires that at least 10 percent of the aggregate number of slots be distributed to hospitals in four categories: (1) hospitals in rural areas (or treated as being located in a rural area under the law), (2) hospitals currently operating over their GME cap, (3) hospitals in states with new medical schools or additional locations, and (4) hospitals that serve areas designated as health professional shortage areas. Additionally, section 1886(h)(9)(C) places certain limitations on the distribution of the residency positions. Eligible teaching hospitals submit applications under this collection for the available slots and CMS staff reviews the applications and supporting documents to determine the validity of the hospitals’ requests for Medicare funded residency slots requested in accordance with Section 126 of the Consolidated Appropriations Act, 2020 (Public Law 116-93) prior to awarding the slots.

Authorizing Statute(s): PL: Pub.L. 116 - 260 126 Name of Law: Consolidated Appropriations Act, 2020

Citations for New Statutory Requirements: PL: Pub.L. 116 - 260 126 Name of Law: Consolidated Appropriations Act, 2020

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AV34	Proposed rulemaking	89 FR 35934	05/02/2024

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
GME Applications	CMS-10790, CMS-10790	,
GME-4122 MEARIS Application	CMS-10790

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: The GME section 4122 application collection is a revision to this collection. This is a one-time collection for FY 2026. We anticipate receiving 1,325 applications and supporting documentation and awarding 200 slots in FY 2026 only. The burden hours have increased from 10,600 to 21,200. The cost has increased from $838,460 to $1,104,520.

Annual Cost to Federal Government: $1,011,664

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: Stephan McKenzie 410 786-1943 stephan.mckenzie@cms.hhs.gov

View ICR - OIRA Conclusion