View Information Collection Request (ICR) Package
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View ICR - Agency Submission
COMMENT
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Days
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OMB Control No:
0938-1442
ICR Reference No:
202608-0938-019
Status:
Received in OIRA
Previous ICR Reference No:
202304-0938-023
Agency/Subagency:
HHS/CMS
Agency Tracking No:
CM-CPC
Title:
Medicare Advantage and Prescription Drug Program: Communications and Marketing Provisions (CMS-10837)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
Date Submitted to OIRA:
08/27/2026
Requested
Previously Approved
Expiration Date
36 Months From Approved
09/30/2026
Responses
4,182
6,273
Time Burden (Hours)
1,743
2,266
Cost Burden (Dollars)
0
0
Abstract:
The statutory provisions help ensure Medicare beneficiaries are informed and protected when making an election to enroll in an MA (including MAPD) or Part D plan. We believe the regulations strengthen CMS’ ability to ensure that MA and Part D marketing to beneficiaries is not misleading, inaccurate, or confusing. Additionally, under 42 CFR 417.428, most marketing requirements in subpart V of part 422 also apply to section 1876 cost plans.
Authorizing Statute(s):
US Code:
42 USC 1851(h) and (j)
Name of Law: Social Security Act
US Code:
42 USC 1852(c)
Name of Law: Social Security Act
US Code:
42 USC 1856(b)(1)
Name of Law: Social Security Act
US Code:
42 USC 1857(e)(1)
Name of Law: Social Security Act
US Code:
42 USC 1860D-1(b)(1)(B)(vi)
Name of Law: Social Security Act
US Code:
42 USC 1860D-4(a)
Name of Law: Social Security Act
US Code:
42 USC 1860D-4(l)
Name of Law: Social Security Act
US Code:
42 USC 1860D-12(b)(3)(D)
Name of Law: Social Security Act
US Code:
42 USC 1876(i)(3)(D)
Name of Law: Social Security Act
Citations for New Statutory Requirements:
EO: EO 14192 Name/Subject of EO: Unleashing Prosperity Through Deregulation
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:
90 FR 54894
11/28/2025
30-day Notice:
Federal Register Citation:
Citation Date:
91 FR 17384
04/06/2026
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
Communications and Marketing Provisions: Updating Policies and Procedures
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
4,182
6,273
-2,091
0
0
0
Annual Time Burden (Hours)
1,743
2,266
-523
0
0
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 iteration makes three deregulatory changes to remove rules on the time and manner of beneficiary outreach. The changes are designed to improve the plan decision making process by creating a more convenient, beneficiary-friendly outreach experience and to reduce burden on beneficiaries, plans, and agents/brokers. (1) Eliminate the requirement for a 12-hour delay between an educational and marketing event. (2) Eliminate the 48-hour waiting period required between the Scope of Appointment (SOA) completion and a personal marketing appointment. (3) Eliminate the prohibition of the collection of SOA forms at educational events. Overall, we are removing 2,091 responses, 523 hours, and $46,431, resulting in a total of 4,182 responses, 1,743 hours, and $157,590.
Annual Cost to Federal Government:
$12,137
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:
08/27/2026
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