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View ICR - Agency Submission
COMMENT
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Days
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OMB Control No:
0938-0920
ICR Reference No:
202601-0938-007
Status:
Received in OIRA
Previous ICR Reference No:
202304-0938-003
Agency/Subagency:
HHS/CMS
Agency Tracking No:
CMCS
Title:
Medicaid Managed Care and Supporting Regulations (CMS-10108)
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
Date Submitted to OIRA:
06/30/2026
Requested
Previously Approved
Expiration Date
36 Months From Approved
07/31/2026
Responses
15,132,343
13,743,255
Time Burden (Hours)
1,850,067
1,682,636
Cost Burden (Dollars)
0
0
Abstract:
These information collections requirements implement regulations that allow states greater flexibility to implement mandatory managed care programs, implement new beneficiary protections, and eliminate certain requirements viewed by state agencies as impediments to the growth of managed care programs. Information collected includes information about managed care programs, grievances and appeals, enrollment broker contracts, and managed care organizations capacity to provide health care services.
Authorizing Statute(s):
US Code:
42 USC 438.50
Name of Law: State Plan Requirements
US Code:
42 USC 438.56
Name of Law: Disenrollment: Requirements and limitations
US Code:
42 USC 438.102
Name of Law: Provider-enrollee communications
US Code:
42 USC 438.114
Name of Law: Emergency and post-stabilization services
US Code:
42 USC 438.202
Name of Law: State responsibilities
US Code:
42 USC 438.204
Name of Law: Elements of State quality strategies
US Code:
42 USC 438.8
Name of Law: Provisions that apply to PIHPs and PAHPs
US Code:
42 USC 438.206
Name of Law: Availablity of services
US Code:
42 USC 438.207
Name of Law: Assurances of adequate capacity and services
US Code:
42 USC 438.242
Name of Law: Health information systems
US Code:
42 USC 438.402
Name of Law: General requirements
US Code:
42 USC 438.240
Name of Law: Quality assessment and performance improvement program
US Code:
42 USC 438.404
Name of Law: Notice of Action
US Code:
42 USC 438.406
Name of Law: Handling of grievances and appeals
US Code:
42 USC 438.410
Name of Law: Expedited resolution of appeals
US Code:
42 USC 438.414
Name of Law: Information about the grievance system to providers
US Code:
42 USC 438.416
Name of Law: Record keeping and reporting requirements
US Code:
42 USC 438.604
Name of Law: Data that must be certified
US Code:
42 USC 438.710
Name of Law: Due process: Notice of sanction and pre-determination hearing
US Code:
42 USC 438.408
Name of Law: Resolution and notification: Grievances and appeals
US Code:
42 USC 438.722
Name of Law: Disenrollment during termination hearing process
US Code:
42 USC 438.724
Name of Law: Notice to CMS
US Code:
42 USC 438.810
Name of Law: Expenditures for enrollment broker services
US Code:
42 USC 438.10
Name of Law: Information Requirements
US Code:
42 USC 438.6
Name of Law: Contract Requirements
US Code:
42 USC 438.12
Name of Law: Provider Discrimination prohibited
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
91 FR 12810
03/17/2026
30-day Notice:
Federal Register Citation:
Citation Date:
91 FR 38715
06/26/2026
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Medicaid Managed Care Regulations (Private Sector)
Medicaid Managed Care Regulations (States)
CMS-10108, CMS-10108, CMS-10108
Managed Care Program Annual Report (MCPAR)
,
MLR Reporting Tool
,
Network Adequacy and Access Assurances Tool
ICR Summary of Burden
Total Request
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
15,132,343
13,743,255
0
1,389,088
0
0
Annual Time Burden (Hours)
1,850,067
1,682,636
0
167,431
0
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:
This 2026 collection of information request proposes to adjust our active burden estimates based on recent data. Overall, this iteration would increase our active burden by 1,389,088 responses (from 13,743,255 to 15,132,343 responses), 167,432 hours (from 1,682,636 to 1,850,068 hr), and $36,016,157 (from $104,946,483 to $140,962,640).
Annual Cost to Federal Government:
$61,324,880
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]?
Yes
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:
06/30/2026
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