Conditions of Participation for Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICFs-IID) (CMS-10777)
Reinstatement with change of a previously approved collection
No
Regular
Approved without change
12/03/2025
06/24/2025
Prior to the re-submission of the information collection âConditions of Participation for Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICFs-IID) (CMS-10777)â (0938-1402), the agency will assess the regulatory burden of the ICFs-IID CoPs. This assessment will be guided by the principles and priorities set forth in the 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 revision of this information collection, including any existing COVID-19 requirement.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
12/31/2027
36 Months From Approved
16,569
0
0
75,721
0
0
0
0
0
During the COVID-19 Public Health Emergency (PHE), individuals residing in congregate settings, such as ICFs-IID and Long-Term Care (LTC) facilities were at greater risk of acquiring COVID-19 infections and once infected, were at greater risk of severe illness or death. As a result, the Centers for Medicare and Medicaid Services (CMS) revised the Conditions of Participation (CoPs) for many of CMSâ certified providers including hospitals and institutional care settings in order to reduce the risk of exposure to and the severity from contracting the COVID-19 virus for medical and non-medical staff and patients. In addition to the CoPs, health care facilities were obligated to establish an infection control program that would protect the health and safety of residents, personnel, and the general public under Sections 1819(d)(3)(B) and 1919(d)(3) of the Act.
Individuals housed at ICFs-IID facilities are mentally and intellectually impaired, receive Medicaid assistance, and live in congregate settings. ICF-IID clients may also have other underlying medical conditions such as visual or hearing impairments, or seizure disorder. Based on their living situation and underlying health conditions, these clients were at higher risk of exposure and severe consequences from COVID-19 and continue to be at higher risk due to new variants of COVID-19 and other similar acute respiratory illnesses.
The annual burden to industry decreased from 114,478 hours to 75,721 hours. The decrease in burden hours is primarily due to the elimination of the CoP at Section 483.430(f) requiring ICFs-IID to document the âeducate and offer of the COVID-19 vaccineâ task for every staff member. A small portion of the decrease is also due to an overcount of hours in the prior package for Year 1 in Information Collection No. 3, discussed in detail in footnote 12.
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.
2025.0717 PAR Comments on CMS Conditions of Participation for ICFs re COVID Vaccine Documentation.pdf
CMS-10777 Supporting Statement__CLEAN_12.10.24.docx
Year 3 (IC 1 & IC 3 - New Facilities and IC 2 & IC 4 - All Facilities)