Information Collection Request

Requirements Related to Surprise Billing; Part II (CMS-10791)

ICR 202606-0938-017 · OMB 0938-1433 · Received in OIRA

Forms and Documents
DocumentTypeStatusAvailability
Form CMS-10791 Right to Receive a Good Faith Estimate of Expected Charges Notice Form and Instruction Modified Available
Form CMS-10791 Right to Receive a Good Faith Estimate of Expected Charges Notice Form and Instruction Modified Available
Form CMS-10791 Good Faith Estimates Template and Instructions Form and Instruction Modified Available
CMS-10791 - Supporting Statement.docx Supporting Statement A Uploaded 2026-07-07 Available
60-day Comment Response.docx Supplementary Document Uploaded 2026-06-24 Available
60-day Comment Response.docx Public Comments Uploaded 2026-06-24 Available
Appendix 3. Good Faith Estimate Data Elements_12.10.25(redline).docx Supplementary Document Uploaded 2026-06-24 Available
Appendix 2. Good Faith Estimate Template Notice_12.10.25(redline).docx Supplementary Document Uploaded 2026-06-24 Available
Appendix 1. Right to Receive a Good Faith Estimate of Expected Charges Notice_12.10.25(redline).docx Supplementary Document Uploaded 2026-06-24 Available
CMS-10791 - Crosswalk of Changes.docx Supplementary Document Uploaded 2026-06-24 Available
IC Document Collections
IC IDCollectionTypeStatusForm
253135 Patient-Provider Selected Dispute Resolution Entity Recertification Unchanged
253134 Good Faith Estimates of Expected Charges Upon Request of Uninsured Individuals for Scheduled Items and Services Form and Instruction ModifiedRight to Receive a Good Faith Estimate of Expected Charges Notice
253132 Notice of Right to Good Faith Estimate – Wholly Physician-Owned Private Practices Instruction Modified
253130 Notice of Right to Good Faith Estimate – Individual Physician Practitioners Form and Instruction ModifiedRight to Receive a Good Faith Estimate of Expected Charges Notice
253129 Notice of Right to Good Faith Estimate – Health Care Facilities Form and Instruction ModifiedGood Faith Estimates Template and Instructions
ICR Details
0938-1433 202606-0938-017
Received in OIRA 202303-0938-013
HHS/CMS CCIIO
Requirements Related to Surprise Billing; Part II (CMS-10791)
Reinstatement with change of a previously approved collection   No
Regular 07/07/2026
  Requested Previously Approved
36 Months From Approved
1,023,497 0
3,498,944 0
372,398,687 0

The No Surprises Act adds a new Part E of title XXVII of the PHS Act establishing requirements applicable to health care providers, and facilities. Specifically, the No Surprises Act adds provisions at new PHS Act sections 2799B-6 and 2799B-7, which require providers and facilities to provide a good faith estimate of the total expected charges to uninsured individuals, under certain circumstances, upon their request, for scheduled items and services, and allow uninsured individuals to avail themselves to a patient-provider dispute resolution process if their billed charges after receiving such items or services is substantially in excess of the expected charges listed in the good faith estimate furnished by the provider ot facility. PHS Act section 2799B-6 (2)(A) requires a health care provider or facility to provide a notification of the good faith estimate of expected charges to a plan or issuer in the case the individual is enrolled in such a plan or coverage and is seeking to have a claim for such item or services submitted to such plan or coverage. The good faith estimate of expected charges from the health care provider or facility will inform the advanced explanation of benefits that must be provided by the plan or issuer, as required by PHS Act section 2799A-1(f), in the case the individual is enrolled in such a plan or coverage and is seeking to have a claim for such item or services submitted to such plan or coverage.

PL: Pub.L. 116 - 260 Title I of Division BB Name of Law: Consolidated Appropriations Act, 2021
  
US Code: 45 USC 149.610 Name of Law: Requirements for provision of good faith estimates of expected charges for uninsured (or self-pay) i

Not associated with rulemaking

  91 FR 5109 02/04/2026
91 FR 36144 06/16/2026
Yes

  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 1,023,497 0 0 0 -2,987,194 4,010,691
Annual Time Burden (Hours) 3,498,944 0 0 0 -2,743,284 6,242,228
Annual Cost Burden (Dollars) 372,398,687 0 0 0 -304,544,428 676,943,115
No
No
The overall burden has decreased from 6,242,228 hours to 3,498,944 hours, resulting in a total burden reduction of 2,743,284 hours. Correspondingly, the associated cost has decreased from $676,943,115 to $270,538,405, a reduction of $406,404,710. This reduction is primarily due HHS’s assumption that providers and facilities have already incurred the one-time costs of generating notices to inform uninsured (or self-pay) individuals of their right to receive a GFE of expected charges. These initial costs also included displaying the notices on provider websites, in offices, and at locations where scheduling or cost inquiries occur; posting a one-page notice in at least two prominent locations; and printing and material expenses.

$0
No
    No
    No
Yes
No
No
No
Jamaa Hill 301 492-4190

  No

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.
07/07/2026