Medicare Advantage and Prescription Drug Program: Communications and Marketing Provisions (CMS-10837)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
CMS-10837 - Supporting_Statement A (CMS-4212-F version 2).docx	Supporting Statement A	Uploaded 2026-08-26	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
258561	Communications and Marketing Provisions: Updating Policies and Procedures		Modified

ICR Details

OMB Control No: 0938-1442	ICR Reference No: 202608-0938-019
Status: Received in OIRA	Previous ICR Reference No: 202304-0938-023
Agency/Subagency: HHS/CMS	Agency Tracking No: CM-CPC
Title: Medicare Advantage and Prescription Drug Program: Communications and Marketing Provisions (CMS-10837)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/27/2026

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2026
Responses	4,182	6,273
Time Burden (Hours)	1,743	2,266
Cost Burden (Dollars)	0	0

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Abstract: The statutory provisions help ensure Medicare beneficiaries are informed and protected when making an election to enroll in an MA (including MAPD) or Part D plan. We believe the regulations strengthen CMS’ ability to ensure that MA and Part D marketing to beneficiaries is not misleading, inaccurate, or confusing. Additionally, under 42 CFR 417.428, most marketing requirements in subpart V of part 422 also apply to section 1876 cost plans.

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Authorizing Statute(s): US Code: 42 USC 1851(h) and (j) Name of Law: Social Security Act
   US Code: 42 USC 1852(c) Name of Law: Social Security Act
   US Code: 42 USC 1856(b)(1) Name of Law: Social Security Act
   US Code: 42 USC 1857(e)(1) Name of Law: Social Security Act
   US Code: 42 USC 1860D-1(b)(1)(B)(vi) Name of Law: Social Security Act
   US Code: 42 USC 1860D-4(a) Name of Law: Social Security Act
   US Code: 42 USC 1860D-4(l) Name of Law: Social Security Act
   US Code: 42 USC 1860D-12(b)(3)(D) Name of Law: Social Security Act
   US Code: 42 USC 1876(i)(3)(D) Name of Law: Social Security Act
  

Citations for New Statutory Requirements: EO: EO 14192 Name/Subject of EO: Unleashing Prosperity Through Deregulation

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 54894	11/28/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 17384	04/06/2026
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Communications and Marketing Provisions: Updating Policies and Procedures

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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	4,182	6,273	-2,091	0	0	0
Annual Time Burden (Hours)	1,743	2,266	-523	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: This iteration makes three deregulatory changes to remove rules on the time and manner of beneficiary outreach. The changes are designed to improve the plan decision making process by creating a more convenient, beneficiary-friendly outreach experience and to reduce burden on beneficiaries, plans, and agents/brokers. (1) Eliminate the requirement for a 12-hour delay between an educational and marketing event. (2) Eliminate the 48-hour waiting period required between the Scope of Appointment (SOA) completion and a personal marketing appointment. (3) Eliminate the prohibition of the collection of SOA forms at educational events. Overall, we are removing 2,091 responses, 523 hours, and $46,431, resulting in a total of 4,182 responses, 1,743 hours, and $157,590.

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Annual Cost to Federal Government: $12,137

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: 08/27/2026

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