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OMB Control No:	ICR Reference No: 202603-0938-007
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: HHS/CMS	Agency Tracking No: FCHCO
Title: Passive Enrollment Processes for D-SNPs (CMS-10953)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Regular	Date Submitted to OIRA: 03/19/2026

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	22	0
Time Burden (Hours)	1,100	0
Cost Burden (Dollars)	0	0

Abstract: CMS can passively enroll certain dually eligible individuals currently enrolled in an integrated D-SNP into another integrated D-SNP, after consulting with the State Medicaid agency that contracts with the D-SNP or other integrated managed care plan, when CMS determines that the passive enrollment will promote continuity of care and integrated care. D-SNPs will be required to provide noticing to enrollees who are moved from an expiring D-SNP to a gaining D-SNP. This noticing will include two notices to individuals. The D-SNP must provide the first notice no fewer than 60 calendar days prior to the enrollment effective date and the second notice no fewer than 30 days prior to the enrollment effective date.

Authorizing Statute(s): US Code: 42 USC 1851(c)(1) Name of Law: Social Security Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AV63	Proposed rulemaking	90 FR 54894	11/28/2025

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 54894	11/28/2025
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
Passive Enrollment (plan burden)

ICR Summary of Burden

	Total Request	Change Due to Agency Discretion
Annual Number of Responses	22	22
Annual Time Burden (Hours)	1,100	1,100
Annual Cost Burden (Dollars)	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: As described above, in the April 2018 final rule (83 FR 16692), we estimated that there would be only four instances (373 D-SNPs × 0.01) in which CMS would conduct passive enrollment each year. Since we estimated fewer than 10 respondents, the information collection requirements and burden related to the final provisions under § 422.60(g)(1)(iii) were exempt (5 CFR 1320.3(c)) from the requirements of the PRA. In the November 2025 proposed rule, we amended our burden estimate and estimated that approximately 1 percent of the projected 1,100 active D-SNPs expected for CY 2027 would meet the revised criteria and operate in a market where the conditions for passive enrollment are met and where CMS, in consultation with a State Medicaid agency, implements passive enrollment. While the actual number of D-SNPs eligible for passive enrollment primarily depends on state procurement decisions for affiliated Medicaid managed care contracts, we estimated that there would be 11 instances (1,100 D-SNPs x 0.01) in which CMS would conduct passive enrollment each year.

Annual Cost to Federal Government: $0

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

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