Prescription Drug and Health
Care Spending (CMS-10788)
No
material or nonsubstantive change to a currently approved
collection
Yes
Regular
04/01/2026
Requested
Previously Approved
12/31/2027
12/31/2027
356
356
668,952
668,952
0
0
On December 27, 2020, the Consolidated
Appropriations Act, 2021 (CAA) was signed into law. Section 204 of
Title II of Division BB of the CAA added parallel provisions at
section 9825 of the Internal Revenue Code (the Code), section 725
of the Employee Retirement Income Security Act (ERISA), and section
2799A-10 of the Public Health Service Act (PHS Act) that require
group health plans and health insurance issuers offering group or
individual health insurance coverage to annually report to the
Department of Treasury, the Department of Labor (DOL), and the
Department of Health and Human Services (HHS) (collectively, “the
Departments”) certain information about prescription drug and
health care spending, premiums, and enrollment under the plan or
coverage. This information will support the development of public
reports that will be published by the Departments on prescription
drug reimbursements for plans and coverage, prescription drug
pricing trends, and the role of prescription drug costs in
contributing to premium increases or decreases under the plans or
coverage. The 2021 interim final rules, “Prescription Drug and
Health Care Spending” (2021 interim final rules), issued by the
Departments and the Office of Personnel Management (OPM) implement
the provisions of section 9825 of the Code, section 725 of ERISA,
and section 2799A-10 of the PHS Act, as enacted by section 204 of
Title II of Division BB of the CAA. OPM joined the Departments in
issuing the 2021 interim final rules, requiring Federal Employees
Health Benefits (FEHB) carriers to report information about
prescription drug and health care spending, premiums, and plan
enrollment in the same manner as a group health plan or health
insurance issuer offering group or individual health insurance
coverage.
Burden hours have decreased
from 1,684,080 hours to 668,552 hours. The three-year average
burden has been updated to remove the one-time first- and
second-year implementation burdens that were incurred only in 2022
and 2023. Reporting instructions (document title: RxDC Reporting
Instructions) have been revised to add clarifications in response
to comments and questions from the respondents; however, these
revisions did not result in a burden hour change.
$4,200,000
No
No
No
Yes
No
No
No
Jamaa Hill 301 492-4190
Yes
Agency/Sub Agency
RCF ID
RCF Title
RCF Status
IC Title
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.
04/01/2026
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PBMs