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:
0938-0921
ICR Reference No:
202508-0938-003
Status:
Historical Inactive
Previous ICR Reference No:
202405-0938-015
Agency/Subagency:
HHS/CMS
Agency Tracking No:
CM-FFS
Title:
[IRA] Manufacturer Submission of Average Sales Price (ASP) Data for Medicare Part B Drugs and Biological and Supporting Regulations (CMS-10110)
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:
12/11/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/13/2025
Terms of Clearance:
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
07/31/2027
36 Months From Approved
07/31/2027
Responses
2,000
0
2,000
Time Burden (Hours)
26,000
0
26,000
Cost Burden (Dollars)
0
0
0
Abstract:
In accordance with Section 1847A of the Social Security Act (the Act), Medicare Part B covered drugs and biologicals not paid on a cost or prospective payment basis are paid based on the manufacturers’ average sales price (ASP) data submitted to the Centers for Medicare & Medicaid Services (CMS). The reporting requirements are specified in 42 CFR Part 414 Subpart J. In the Calendar Year (CY) 2005 IFC, we published information about the ASP reporting requirements for Medicare Part B drugs and biologicals (66 FR 17935) and specified that manufacturers must report the ASP data using our Addendum A template. CMS migrated the submission of ASP data and signatures to an internet-based automated system in July 2020. The data that is being collected has not changed. As part of an ASP modernization effort, the data collection system has been modified and enhanced to improve the design and flow through the use of Human-Centered Design best practices. These modifications include changes to the design and function of the data collection system, the addition of new data fields, and revisions to the product and financial data templates. The field “Marketing Start Date” is being added so that the user can input the marketing date for the drug. The marketing date of the drug is used to determine how the payment will be calculated and to assign the benchmark quarter used to calculate inflation adjusted coinsurance and rebates per IRA 11101.
Authorizing Statute(s):
US Code:
42 USC 1395w–3a
PL:
Pub.L. 117 - 169 11001
Name of Law: The Inflation Reduction Act
US Code:
42 USC 1395u(o)
US Code:
42 USC 1395(a)(1)(S)
US Code:
42 USC 1395w-3
PL:
Pub.L. 108 - 17 303
Name of Law: Medicare Prescription Drug, Improvement, and Modernization Act of 2003
Statute at Large:
18 Stat. 1847
Statute at Large:
19 Stat. 1927
Citations for New Statutory Requirements:
PL: Pub.L. 117 - 169 11101 Name of Law: The Inflation Reduction Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0938-AV50
Proposed rulemaking
90 FR 32352
07/16/2025
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
90 FR 32352
07/16/2025
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
Average Sales Price: Price Concessions and Bona Fide Service Fees (§§ 414.802 and 414.804)
Manufacturers to Report Drug Pricing Information for Part B (§§ 414.802 and 414.902)
CMS-10110, CMS-10110
Financial Data Template
,
Product Data Template
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:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
Our CY 2026 PFS NPRM (CMS-1832-P, OMB 0938-AV50) published in the Federal Register on July 16, 2025 (90 FR 32352). Overall, the rule would increase our active burden estimates by 610 responses and 7,495 hours.
Annual Cost to Federal Government:
$2,239,300
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:
11/13/2025
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