Justification for a Nonsubstantive Change

Justification for a Non-substantive Change

D-SNP Enrollee Advisory Committee

(CMS-10799, OMB 0938-1422)

The CMS Medicare-Medicaid Coordination Office is requesting a non-substantive change that would add language to the Background section of Supporting Statement A.

The added language reads:

“On September 1, 2022, we submitted this non-substantive change request that does not change any of our burden estimates and collection of information requirements. More specifically, the scope of information collection request listed in our January 2022 proposed rule (87 FR 1842, CMS-4192-P, RIN 0938-AU30) included a new regulation at § 422.101(f)(1)(i) requiring all SNPs to include questions on housing stability, food security, and access to transportation as part of their health risk assessments (HRAs). The proposed rule identified this collection of information (CMS-10799; OMB 0938-1422) as the home for the HRA requirements and burden. However, we did not finalize this provision as proposed and inadvertently neglected to revise the package cross reference from CMS-10799 to CMS-10825 in the subsequent May 2022 final rule.

In order to receive public comment on the list of SDOH screening instruments described in the May 2022 final rule, we are using the standard non-rule PRA process that includes the publication of 60- and 30-day Federal Register notices. The list of SDOH screening instruments is provided under a new collection of information (CMS-10825; OMB 0938-TBD).”

This additional information will ensure that any Medicare Advantage organization with a Special Needs Plan and impacted by the new requirement at § 422.101(f)(1)(i) finds the correct collection of information if they inadvertently look at control number 0938-1422 (CMS-10799).

This non-substantive change does not have any burden implications nor would it revise any of our currently approved collection of information requirements.

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