<NOTICE>
DEPARTMENT OF HEALTH AND HUMAN SERVICES
<SUBAGY>Centers for Medicare & Medicaid Services</SUBAGY>
<DEPDOC>[Document Identifier: CMS-10855]</DEPDOC>
<SUBJECT>Agency Information Collection Activities: Submission for OMB Review; Comment Request</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Centers for Medicare & Medicaid Services, Health and Human Services (HHS).
<HD SOURCE="HED">ACTION:</HD>
Notice.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the
<E T="04">Federal Register</E>
concerning each proposed collection of information, including each proposed extension or reinstatement of an existing
collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
</SUM>
<DATES>
<HD SOURCE="HED">DATES:</HD>
Comments on the collection(s) of information must be received by the OMB desk officer by February 19, 2026.
</DATES>
<HD SOURCE="HED">ADDRESSES:</HD>
Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to
<E T="03">www.reginfo.gov/public/do/PRAMain</E>
. Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, please access the CMS PRA website by copying and pasting the following web address into your web browser:
<E T="03">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.</E>
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
William Parham at (410) 786-4669.
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the
<E T="04">Federal Register</E>
concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment.
1.
<E T="03">Type of Information Collection Request:</E>
Extension without change of a currently approved collection;
<E T="03">Title of Information Collection:</E>
Medicaid Managed Care and Supporting Regulations;
<E T="03">Use:</E>
Most Medicaid beneficiaries receive either all or part of their health care benefits through Medicaid managed care programs, including their prescription drug benefits. Because of the specialized nature of the prescription drug benefit, many of the Medicaid managed care plans (MCOs, PIHPS, or PAHPS) either own, or contract with, PBMs to administer the pharmacy benefit. In 42 CFR 438.3(s), Medicaid MCOs, PIHPs, and PAHPs that provide coverage of covered outpatient drugs (CODs) are required to structure any contract that it has with any subcontractor (
<E T="03">e.g.,</E>
PBM) for the delivery or administration of the COD benefit so that the subcontractor is required to report separately the amounts related to the incurred claims described in § 438.8(e)(2) to the managed care plan. Included are (1) reimbursements for the CODs, (2) payments for other patient services, (3) dispensing or administering providers fees, and (4) subcontractor administrative fees. The provision will ensure that medical loss ratios (MLRs) reported by MCOs, PIHPs and PAHPs that use subcontractors in the delivery of COD coverage will be more accurate and transparent. The separate payment requirements will help States and managed care plans better understand whether they are appropriately and efficiently paying for the delivery of CODs, a significant part of which is funded by the Federal Government.
<E T="03">Form Number:</E>
CMS-10855 (OMB control number 0938-1445);
<E T="03">Frequency:</E>
Annually and once;
<E T="03">Affected Public:</E>
Private sector and State, Local, or Tribal Governments;
<E T="03">Number of Respondents:</E>
604;
<E T="03">Number of Responses:</E>
604;
<E T="03">Total Annual Hours:</E>
8,614. (For questions regarding this collection, contact: Robert Giles at 410-786-4050).
<SIG>
<NAME>William N. Parham, III,</NAME>
Director, Division of Information Collections and Regulatory Impacts, Office of Strategic Operations and Regulatory Affairs.
</SIG>
</SUPLINF>
<FRDOC>[FR Doc. 2026-00896 Filed 1-16-26; 8:45 am]</FRDOC>
</NOTICE>
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