View Information Collection Request (ICR) Package
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View ICR - Agency Submission
OMB Control No:
0938-1067
ICR Reference No:
202604-0938-016
Status:
Received in OIRA
Previous ICR Reference No:
202508-0938-020
Agency/Subagency:
HHS/CMS
Agency Tracking No:
CCSQ
Title:
Hospice Conditions of Participation (CMS-10277)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
Date Submitted to OIRA:
06/01/2026
Requested
Previously Approved
Expiration Date
36 Months From Approved
02/28/2029
Responses
9,559,095
9,209,893
Time Burden (Hours)
4,095,725
4,032,329
Cost Burden (Dollars)
0
0
Abstract:
The CoPs and accompanying requirements specified in the regulations are used by Federal or State surveyors as a basis for determining whether a hospice qualifies for approval or re-approval under Medicare. CMS and the healthcare industry believe that the availability to the hospice of the type of records and general content of records, which this regulation specifies, is standard medical practice, and is necessary in order to ensure the well-being and safety of patients and professional treatment accountability.
Authorizing Statute(s):
US Code:
42 USC 1395x
Name of Law: Hospice Care; Hospice Program
PL:
Pub.L. 105 - 33 Title IV, Chapter 4
Name of Law: BBA of 1997
PL:
Pub.L. 97 - 248 122
Name of Law: Tax Equity & Fiscal Responsibility Act
PL:
Pub.L. 108 - 173 946
Name of Law: Medicare Prescription Drug, Improvement, & Modernization Act of 2003
PL:
Pub.L. 101 - 239 6005(b)
Name of Law: Omnibus Reconciliation Act of 1989
Citations for New Statutory Requirements:
US Code: 42 USC 418.24(b) Name of Law: Election of hospice care
US Code: 42 USC 418.24(c) Name of Law: Election of hospice care
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0938-AV78
Proposed rulemaking
91 FR 17338
04/06/2026
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
34
IC Title
Form No.
Form Name
Hospice Condition of Participation (418.22(b)(4)
Hospice Condition of Participation 418.58(a)(2) Collect and record data
Hospice Conditions of Participation (418.110 (o)(2) newly certified facilities
Hospice Conditions of Participation (418.52(a)(3)
Hospice Conditions of Participation 418.106 (e)(2)(i)(C)
Hospice Conditions of Participation 418.108(c)(1)
Hospice Conditions of Participation 418.108(c)(3)
Hospice Conditions of Participation 418.110 (o)(4)
Hospice Conditions of Participation 418.110(n)(11) and (n)(15)
Hospice Conditions of Participation 418.112(e)(3)
Hospice Conditions of Participation 418.114 (b)(3)(i)(B)
Hospice Conditions of Participation 418.114 (d)
Hospice Conditions of Participation 418.114 (d) Newly Certified Facility
Hospice Conditions of Participation 418.22(b) Certification Form Development
Hospice Conditions of Participation 418.22(b)(3)
Hospice Conditions of Participation 418.22(b)(5)
Hospice Conditions of Participation 418.24(b) explain election statement
Hospice Conditions of Participation 418.28(d) develop revocation form
Hospice Conditions of Participation 418.28(d) explain revocation form
Hospice Conditions of Participation 418.52(b)(4)
Hospice Conditions of Participation 418.56(b)
Hospice Conditions of Participation 418.56(c)
Hospice Conditions of Participation 418.58 (a)(2) Document Analysis
Hospice Conditions of Participation 418.58(a)(2) Develop QAPI program
Hospice Conditions of Participation 418.58(a)(2) ID new measures
Hospice Conditions of Participation 418.58(a)(2) Organize QAPI Data
Hospice Conditions of Participation 418.76(b)(4) Existing Facilities
Hospice Conditions of Participation 418.76(b)(4) Newly certified Facilities
Hospice Conditions of Participation 418.76(d)(2)
Hospice Conditions of Participation 418.78(a)(c)(d) and (e)
Hospice Conditons of Participation 418.24 develop election form
Hospice Condtions of Participation 418.52(a)(1)
§418.24(c) Addendum Form Development
§418.24(c) Addendum Form Completion
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
9,559,095
9,209,893
0
0
349,202
0
Annual Time Burden (Hours)
4,095,725
4,032,329
0
0
63,396
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
This package has been updated to reflect changes in information collection requirements related to new or revised Conditions of Participation. For this reinstatement, the total annual burden hours for industry are 4,095,725 hours and the annual burden costs are $354,496,106. The annual burden hours to industry increased 1.6% from 4,032,329 to 4,095,725. The reasons for the change in annual burden hours are due to the following: The overall number of applicable hospice elections per year continues to increase. The prior version estimated 1,168,048 applicable hospice elections per year while current estimates expect 1,517,250 applicable hospice elections per year. The current number of applicable hospices is 6,732 while the prior reinstatement documented that 6,414 applicable hospices were providing Medicare hospice services. The hospice facilities, the number of hospice patients, and the number of responses per hospice subject to the payment regulation changes have increased, thereby increasing burden hours across the industry.
Annual Cost to Federal Government:
$13,254,308
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:
Denise King 410 786-1013 Denise.King@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:
06/01/2026
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