Information Collection Request

[IRA Collection] Manufacturer Submission of Average Sales Price (ASP) Data for Medicare Part B Drugs and Biological and Supporting Regulations (CMS-10110)

ICR 202606-0938-018 · OMB 0938-0921 · Received in OIRA

Forms and Documents
DocumentTypeStatusAvailability
Form CMS-10110 Bona Fide Service Fee Certification Form Form Modified Available
Form CMS-10110 Reasonable Assumptions Form Form Modified Available
Form CMS-10110 Product Data Template Form Modified Available
Form CMS-10110 Financial Data Template Form Modified Available
CMS-10110 (0938-0921) Justification of Non-sub Change (2026 version 5).docx Justification for No Material/Nonsubstantive Change Uploaded 2026-06-25 Available
Crosswalk of Nonsubstantive Changes - Submitter User Guide.xlsx Supplementary Document Uploaded 2026-06-25 Available
DTS-ASP-Submitter-UserGuide-20260518_Redline.pdf Supplementary Document Uploaded 2026-06-25 Available
Crosswalk of Nonsubstantive Changes - Certifier User Guide.xlsx Supplementary Document Uploaded 2026-06-25 Available
DTS-ASP-Certifier-UserGuide-20260518_Redline.pdf Supplementary Document Uploaded 2026-06-25 Available
Crosswalk of Nonsubstantive Changes - Certification Form.xlsx Supplementary Document Uploaded 2026-06-25 Available
CMS-10110_BFSF Certification_Nonsubstantive Change_Redline_20260624.pdf Supplementary Document Uploaded 2026-06-25 Available
CMS_10110_Comment Response 30 day ICR.docx Supplementary Document Uploaded 2026-06-16 Available
CMS-10110_Supporting_Statement_A_(2026 version_26)_Clean.docx Supporting Statement A Uploaded 2026-06-25 Available
PRA Comment Response.pdf Supplementary Document Uploaded 2026-04-07 Available
ICR Details
0938-0921 202606-0938-018
Received in OIRA 202604-0938-003
HHS/CMS CM-OM
[IRA Collection] Manufacturer Submission of Average Sales Price (ASP) Data for Medicare Part B Drugs and Biological and Supporting Regulations (CMS-10110)
No material or nonsubstantive change to a currently approved collection   No
Regular 06/25/2026
  Requested Previously Approved
06/30/2029 06/30/2029
4,500 4,500
49,500 49,500
0 0

Section 1847A of the Social Security Act requires that the Medicare Part B payment amounts for covered drugs and biologicals not paid on a cost or prospective payment basis be based upon manufacturers’ average sales price data submitted quarterly to the Centers for Medicare & Medicaid Services (CMS). The reporting requirements are specified in 42 CFR part 414, subpart J.

PL: Pub.L. 117 - 169 11001 Name of Law: The Inflation Reduction Act
   US Code: 42 USC 1395u(o)
   US Code: 42 USC 1395(a)(1)(S)
   US Code: 42 USC 1395w-3
   PL: Pub.L. 108 - 17 303 Name of Law: Medicare Prescription Drug, Improvement, and Modernization Act of 2003
   Statute at Large: 18 Stat. 1847
   Statute at Large: 19 Stat. 1927
   US Code: 42 USC 1395w–3a
  
PL: Pub.L. 117 - 169 11101 Name of Law: The Inflation Reduction Act

Not associated with rulemaking

  90 FR 61154 12/30/2025
91 FR 17657 04/07/2026
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 4,500 4,500 0 0 0 0
Annual Time Burden (Hours) 49,500 49,500 0 0 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
Our proposed changes account for additional burden for a secretary/administrative assistant to follow up with fee recipients and monitor certification amendments. We also identified that we should account for new burden and include legal/compliance review. We also revised our Bona Fide Service Fee Certification form. Overall, this iteration proposes to add 1,500 responses and 11,000 hours.

$2,239,300
No
    No
    No
No
No
No
No
Mitch Bryman 410 786-5258 [email protected]

  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.
06/25/2026