Hospice Information for Medicare Part D Plans (CMS-10538)

Forms and Documents

Document	Type	Status	Availability
Form CMS-10538 Hospice Information for Medicare Part D Plans	Form and Instruction	Modified	Available
Form CMS-10538 Hospice Information for Medicare Part D Plans	Form and Instruction	Modified	Repair queued
CMS-10538 - Supporting Statement A.docx	Supporting Statement A	Uploaded 2025-05-12	Available
CMS-10538 - Supporting Statement A.docx	Supporting Statement A	Uploaded 2025-05-12	Repair queued
UCare.pdf	Public Comments	Uploaded 2025-02-14	Available
Comment for 10538.docx	Supplementary Document	Uploaded 2025-04-02	Available
Comment for 10538.docx	Supplementary Document	Uploaded 2025-04-02	Missing upstream
Crosswalk_CMS-10538.pdf	Supplementary Document	Uploaded 2025-04-02	Available
Crosswalk_CMS-10538.pdf	Supplementary Document	Uploaded 2025-04-02	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
214736	Hospice Information for Medicare Part D Plans	Form and Instruction	Modified	Hospice Information for Medicare Part D Plans
214736	Hospice Information for Medicare Part D Plans	Form and Instruction	Modified

ICR Details

OMB Control No: 0938-1269	ICR Reference No: 202504-0938-003
Status: Active	Previous ICR Reference No: 201809-0938-004
Agency/Subagency: HHS/CMS	Agency Tracking No: CM-CPC
Title: Hospice Information for Medicare Part D Plans (CMS-10538)
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/28/2025
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/13/2025
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2028	36 Months From Approved
Responses	57,027	0	0
Time Burden (Hours)	2,329	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Social Security Act in section 1861(dd) and Federal regulations in 42 CFR §418.106 and § 418.202(f) require hospice programs to provide individuals under hospice care with drugs and biologicals related to the palliation and management of the terminal illness as defined in the hospice plan of care. Medicare payment is made to the hospice for each day an eligible beneficiary is under the hospice's care, regardless of the amount of services provided on any given day. Because hospice care is a Medicare Part A benefit, drugs provided by the hospice and covered under the Medicare payment to the hospice program are not covered under Part D. The industry in conjunction with the National Council for Prescription Drug Programs, (NCPDP) developed a draft Medicare Part D Hospice Form to collect information necessary for the Part D sponsor to override a hospice prior authorization reject for beneficiaries enrolled in hospice. CMS made minor revisions to the NCPDP form to create this Standardized Form entitled Hospice Information for Medicare Part D Plans. This PRA submission is a request for approval of the standardized form available for use by Part D sponsors.

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Authorizing Statute(s): PL: Pub.L. 97 - 248 122 Name of Law: TEFRA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 101606	12/16/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 20166	05/12/2025
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Hospice Information for Medicare Part D Plans	CMS-10538	Hospice Information for Medicare Part D Plans

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ICR Summary of Burden

	Total Approved	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	57,027	0	0	0	-319,460	376,487
Annual Time Burden (Hours)	2,329	0	0	0	-29,045	31,374
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: Reduction in burden for this iteration, from 20,707 hours to 2,329 hours. This is due to a smaller number of Part D Parent organizations, as well as built-in efficiencies for facilitation of this information collection.

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Annual Cost to Federal Government: $785

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

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Common Form ICR:  No

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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: 05/13/2025

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