Centers for Medicare and Medicaid Services Announces Information Collection Activities Under the Paperwork Reduction Act

On November 13, 2026, the Centers for Medicare and Medicaid Services (CMS), operating within the Department of Health and Human Services, published a formal notice in Volume 91 of the Federal Register. The notice outlines two distinct information collection requests currently submitted to the Office of Management and Budget (OMB) for review. This action complies with the statutory mandates of the Paperwork Reduction Act of 1995, which requires federal agencies to provide notice and seek public input on proposed information collections or extensions of existing ones. The public comment period closes on December 14, 2026.

Survey of Retail Prices and NADAC

The first item detailed in the notice involves an extension of a currently approved information collection under the title Survey of Retail Prices, designated by form number CMS-10241 and OMB control number 0938-1041. This collection supports the creation of the National Average Drug Acquisition Cost (NADAC). The NADAC serves as a crucial pricing benchmark that state agencies may utilize when developing reimbursement methodologies for Medicaid covered outpatient drugs.

CMS contracts with a vendor to conduct monthly surveys of retail community pharmacies to determine the average acquisition costs of covered outpatient drugs, net of discounts and rebates. The survey process involves approximately 72,000 respondents from the private sector, resulting in an estimated 72,000 annual responses and a total annual burden of 36,000 hours. The continuous monthly data gathering ensures that the NADAC reference file remains current and accurately reflects marketplace conditions for retail pharmacy drug acquisitions.

Basic Health Program Regulations and Legislative Revisions

The second item addresses a revision of a currently approved collection titled Basic Health Program (BHP) Supporting Regulations, carrying form number CMS-10510 and OMB control number 0938-1218. Authorized under Section 1331 of the Affordable Care Act, the Basic Health Program provides states with the option to establish health benefits coverage for low-income residents who would otherwise purchase coverage through insurance exchanges. This program aims to offer affordable coverage and maintain continuity of care for individuals experiencing fluctuating incomes near Medicaid and Children's Health Insurance Program thresholds.

The proposed revision updates active information collection instruments to align with sections 71301 and 71302 of the Working Families Tax Cut legislation. Specifically, the adjustment removes state eligibility for BHP funding attributable to certain non-citizens while maintaining program eligibility for those same individuals. This collection impacts state, local, or tribal governments, involving 4 respondents, 55 total responses, and 7,744 annual burden hours.

Administrative Procedures and Public Participation

Both information collection proposals follow the procedural requirements of the Paperwork Reduction Act. Federal agencies must obtain OMB approval for information collection activities that require members of the public to submit reports, maintain records, or supply information to third parties. The current 30-day notice allows stakeholders, including state officials, healthcare providers, and policy researchers, to evaluate the necessity and utility of the proposed collections, the accuracy of the agency burden estimates, and methods to enhance information quality.

Written comments and recommendations regarding the proposed collections must be directed to the OMB desk officer via the reginfo.gov portal within thirty days of publication. Supporting statements and related documentation remain accessible through the CMS Paperwork Reduction Act website.

Conclusion and Next Steps

The ongoing review process highlights the regulatory mechanics governing federal healthcare financing programs. With the public comment window closing on December 14, 2026, stakeholders across the healthcare sector have a limited timeframe to submit feedback on drug acquisition cost surveys and state health program funding adjustments. Following the close of the comment period, OMB will review the submissions before deciding whether to approve the requested extension and revision of these information collections.