[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Notices]
[Pages 27433-27435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10574]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10398 #69]


Medicaid and Children's Health Insurance Program (CHIP) Generic 
Information Collection Activities: Proposed Collection; Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
Services (HHS).

ACTION: Notice.

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SUMMARY: On May 28, 2010, the Office of Management and Budget (OMB) 
issued Paperwork Reduction Act (PRA)

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guidance related to the ``generic'' clearance process. Generally, this 
is an expedited process by which agencies may obtain OMB's approval of 
collection of information requests that are ``usually voluntary, low-
burden, and uncontroversial collections,'' do not raise any substantive 
or policy issues, and do not require policy or methodological review. 
The process requires the submission of an overarching plan that defines 
the scope of the individual collections that would fall under its 
umbrella. On October 23, 2011, OMB approved our initial request to use 
the generic clearance process under control number 0938-1148 (CMS-
10398). It was last approved on April 26, 2021, via the standard PRA 
process which included the publication of 60- and 30-day Federal 
Register notices. The scope of the April 2021 umbrella accounts for 
Medicaid and CHIP State plan amendments, waivers, demonstrations, and 
reporting. This Federal Register notice seeks public comment on one or 
more of our collection of information requests that we believe are 
generic and fall within the scope of the umbrella. Interested persons 
are invited to submit comments regarding our burden estimates 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.

DATES: Comments must be received by June 3, 2021.

ADDRESSES: When commenting, please reference the applicable form number 
(see below) and the OMB control number (0938-1148). To be assured 
consideration, comments and recommendations must be submitted in any 
one of the following ways:
    1. Electronically. You may send your comments electronically to 
http://www.regulations.gov. Follow the instructions for ``Comment or 
Submission'' or ``More Search Options'' to find the information 
collection document(s) that are accepting comments.
    2. By regular mail. You may mail written comments to the following 
address:
    CMS, Office of Strategic Operations and Regulatory Affairs, 
Division of Regulations Development, Attention: CMS-10398 (#69)/OMB 
control number: 0938-1148, Room C4-26-05, 7500 Security Boulevard, 
Baltimore, Maryland 21244-1850.
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, you may 
access CMS' website at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.

FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786-4669.

SUPPLEMENTARY INFORMATION: Following is a summary of the use and burden 
associated with the subject information collection(s). More detailed 
information can be found in the collection's supporting statement and 
associated materials (see ADDRESSES).

Generic Information Collection

    1. Title of Information Collection: Reporting Requirements for 
Additional Funding for Medicaid HCBS During the COVID-19 Emergency; 
Type of Information Collection Request: New collection; Use: CMS is 
responsible for ensuring that states receiving the temporary 10 
percentage point increase comply with the statutory requirements 
specified in Section 9817 of the American Rescue Plan Act of 2021 (Pub. 
L. 117-2). To do so, CMS released a State Medicaid Director Letter 
(SMDL) that specifies the information that states must report to CMS in 
order to receive the temporary 10 percentage point increase. 
Participating states are required to submit initial and quarterly HCBS 
(home and community-based services) spending plans and narratives to 
CMS to report how the additional funding will be expended on activities 
that the state has implemented and/or intends to implement to enhance, 
expand, or strengthen HCBS to demonstrate that the state is 
supplementing, but not supplanting, existing state funds expended for 
Medicaid HCBS.
    To ensure maximum state flexibility and to reduce the reporting 
burden on states as much as possible, states will submit spending plans 
and narratives in their own preferred format. CMS will not require 
states to use a standardized template or form. Instead, the SMDL 
details the minimum reporting requirements in full. The SMDL stipulates 
that in order to receive the additional funding available under Section 
9817, states must initially submit the following via email within 30 
days of the release of the SMDL:
     Initial HCBS Spending Plan Projection: State estimates of 
the total amount of funds attributable to the increase in FMAP that the 
state anticipates claiming between April 1, 2021 and March 31, 2022, as 
well as the anticipated expenditures for the activities the state 
intends to implement to enhance, expand, or strengthen HBCS under the 
state Medicaid program between April 1, 2021 and March 31, 2024.
     Initial HCBS Spending Narrative: Information on the 
state's required section 9817 activities and the connection between the 
spending plan projection and the scope of the activities. States must 
provide sufficient detail to affirm that the state's activities 
enhance, expand, or strengthen HCBS under the state Medicaid program.
    States must then submit a quarterly HCBS spending plan and 
narrative for CMS review and approval; states may update their initial 
spending plan submissions through the quarterly spending plan 
submissions. States must report on a quarterly basis until funds are 
expended. As part of the reporting cycle, there are two documents to be 
submitted:
     Quarterly HCBS Spending Plan: State estimate the total 
amount of funds attributable to the increase in FMAP that the state has 
claimed and/or anticipates claiming between April 1, 2021 and March 31, 
2022, as well as anticipated and/or actual expenditures for the state's 
activities to implement, to enhance, expand, or strengthen HBCS under 
the state Medicaid program between April 1, 2021, and March 31, 2024.
     Quarterly HCBS Spending Narrative: Similar to the 
narrative that was submitted with the initial HCBS spending plan, this 
is a shorter narrative to provide activity updates. A state may also 
choose to provide information on activity outcomes, lessons learned, 
challenges, or any other information that the state deems as relevant 
and important to advancing HCBS.
    When submitting the initial and quarterly HCBS spending plan and 
narrative, the designated state point of contact should attest to the 
following via email:
     The state is not imposing stricter eligibility standards, 
methodologies, or procedures for HCBS programs and services than were 
in place on April 1, 2021;
     The state is preserving covered HCBS, including the 
services themselves and the amount, duration, and scope of those 
services, in effect as of April 1, 2021; and
     The state is maintaining provider payments at a rate no 
less than those in place as of April 1, 2021. Form Number: CMS-10398 
(#69) (OMB control

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number: 0938-1148); Frequency: Once, quarterly, and on occasion; 
Affected Public: State, Local, or Tribal Governments; Number of 
Respondents: 56; Total Annual Responses: 616; Total Annual Hours: 
1,344. (For policy questions regarding this collection contact Ryan 
Shannahan at 410-786-0295.)

    Dated: May 14, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2021-10574 Filed 5-19-21; 8:45 am]
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