[Medicaid] Limitations on Provider Related Donations and Health Care Related Taxes; Medicaid and Supporting Regulations in 42 CFR 433.68 and 433.74 (CMS-R-148)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
CMS-R-148 - Supporting Statement A (CMS-2448-F version 9) clean_508.docx	Supporting Statement A	Uploaded 2026-02-12	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
8216	Limitations on Provider Related Donations and Health Care Related Taxes, etc.		Unchanged
278955	Waiver Documentation (§ 433.68)		New

ICR Details

OMB Control No: 0938-0618	ICR Reference No: 202602-0938-001
Status: Received in OIRA	Previous ICR Reference No: 202405-0938-004
Agency/Subagency: HHS/CMS	Agency Tracking No: CMCS
Title: [Medicaid] Limitations on Provider Related Donations and Health Care Related Taxes; Medicaid and Supporting Regulations in 42 CFR 433.68 and 433.74 (CMS-R-148)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/17/2026

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2027
Responses	49	40
Time Burden (Hours)	3,920	3,200
Cost Burden (Dollars)	0	0

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Abstract: This information collection is necessary to ensure compliance with Sections 1903 and 1923 of the Social Security Act for the purpose of preventing payment of FFP on amounts prohibited by statute.

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Authorizing Statute(s): US Code: 42 USC 433 Name of Law: 272
   US Code: 42 USC 433. Name of Law: 74
   US Code: 42 USC 433 Name of Law: .68
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AV58	Final or interim final rulemaking	91 FR 4794	02/02/2026

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 20578	05/15/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 4794	02/02/2026
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Limitations on Provider Related Donations and Health Care Related Taxes, etc.
Waiver Documentation (§ 433.68)

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ICR Summary of Burden

table that charts list of burden

	Total Request	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	49	40	0	9	0	0
Annual Time Burden (Hours)	3,920	3,200	0	720	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This iteration is associated with our February 2, 2026 final rule (CMS-2448-F; RIN 0938-AV58) which updates requirements under 42 CFR 433.68 by requiring certain states to undertake one-time actions to address issues concerning existing tax waivers that will no longer be permissible. Overall, the provision adds 720 hours of burden with a state share of $16,877. This collection of information request does not provide any reporting instruments or instructions outside of what is in the cited rules and what is codified in the CFR.

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Annual Cost to Federal Government: $104,002

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: 02/17/2026

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