Prior to the re-submission of the information collection âUse Agreement (DUA) Limited Data Set (LDS) Forms Research Identifiable Files (FIF) Forms (CMS-R-235)â (0938-0734), the agency will assess its respondent burden. This assessment will be guided by the principles and priorities set forth in the Executive Order 14192 title "Unleashing Prosperity Through Deregulation" (January 21, 2025) https://www.whitehouse.gov/presidential-actions/2025/01/unleashing-prosperity-through-deregulation/. The assessment will inform and be integrated in the agencyâs next extension or revision of this information collection.
Inventory as of this Action
Requested
Previously Approved
12/31/2027
36 Months From Approved
12/31/2025
7,755
0
9,655
3,810
0
3,876
0
0
0
CMS is permitted to disclose data files for approved research purposes in compliance with 45 45 CFR 164.512(i). Researchers requesting research identifiable files (RIF) must, as part of the request process, complete a research request packet that provides CMS with information pertaining to the research study, including describing how the research results/findings will be disseminated, as well as the data files being requested. Should CMS approve the research request, the data requestor enters into a Data Use Agreement (DUA). This data collection is necessary to ensure that disclosures of data for research purposes comply with federal laws and regulations as well as CMS policy.
Researchers requesting RIF files also must complete a Data Management Plan Self-Attestation Questionnaire (DMP SAQ). A DMP SAQ is required each time a DUA is established. Both the DUA and the DMP SAQ forms are valid for one year from the date of approval and are renewable at expiration. If the environment described in a DMP SAQ is the same for multiple DUAs from a single organization, the same DMP SAQ can be used across the DUAs, provided it has not expired.
The DMP SAQ is a technical, evidence basedevidence-based questionnaire that DUA users must complete as part of the data request packet. The DMP SAQ will enable CMS to evaluate researcher data systems to ensure that CMS data are adequately secured and appropriately protected, as per the Privacy Act and the HIPAA Privacy Rule. The DMP SAQ also allows CMS to measure compliance through the implementation of security and privacy controls as outlined in the National Institute of Standards and Technology (NIST) Special Publication 800-53 and the Centers for Medicare & Medicaid Services (CMS) Information Security and Acceptable Risk Safeguards (ARS). The second component of the DMP SAQ is to provide ongoing oversight. All organizations will be subject to routine audits of the environments used to store and process CMS data, as described in their organizational-level DMP SAQ.
US Code:
5 USC 552(a)
Name of Law: The Privacy Act of 1974
Burden has decreased due to the growth in DUA forms to include the forms in the research request packet that provide CMS with information pertaining to the research study. The language in the LDS DUA has been revised to clarify CMS data release policies, rules, regulations, and updated data security requirements. Second, this package includes the addition of six (6) new forms: Signature Addendums for all five (5) types of DUAs, and the Attachment A - LDS DUA Request Application. The new Signature Addendums will be used in place of the soon-to-be discontinued general DUA Signature Addendum. The new addendums were created and tailored to accompany specific types of DUAs, versus a general version used for all DUAs. Each type of DUA requires different forms, and not all forms in this package will be used when a respondent submits a DUA request. The burden to respondents has increased from 3,876 to 3,809 which is an decrease of 66 hours.
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:
(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;
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.