CHIP State Plan Eligibility Comment Period Ends May 6
Summary
CMS has issued a Paperwork Reduction Act notice seeking public comment on a revised information collection for CHIP State Plan Eligibility (CMS-10398 #17, OMB control 0938-1148). The revision incorporates changes under section 71109 of the Working Families Tax Cut legislation, which limits federal financial participation for full CHIP coverage to U.S. citizens, U.S. nationals, and three groups of FFP-eligible noncitizens (lawful permanent residents, Cuban/Haitian entrants, and COFA migrants). The update modifies the Non-Financial Eligibility—Citizenship template (CS 18) and its Implementation Guide. Comments must be received by May 6, 2026; affected public consists of 56 state, local, or tribal government respondents with an estimated 2,800 total annual hours burden.
“This iteration proposes substantive changes to the CHIP State Plan Eligibility collection related to section 71109 of the Working Families Tax Cut (WFTC) legislation which limits federal financial participation (FFP) for full CHIP coverage to individuals who are U.S. citizens or U.S. nationals or in only three groups of noncitizens, including lawful permanent residents, Cuban/Haitian entrants, and COFA (Compact of Free Association) migrants, who CMS refers to as "FFP-eligible noncitizens."”
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What changed
CMS is seeking public comments on a revised information collection request for CHIP State Plan Eligibility under the Paperwork Reduction Act generic clearance process. The revision updates the Non-Financial Eligibility—Citizenship template (CS 18) to reflect new restrictions under the Working Families Tax Cut legislation, which limits federal financial participation for CHIP coverage to U.S. citizens, U.S. nationals, and specified noncitizen categories. The template includes required state attestations for documenting assurances, elections, and verification processes, including coverage during a 90-day reasonable opportunity period.
State, local, and tribal government agencies administering CHIP programs should review the proposed template changes and submit comments by May 6, 2026. While the burden estimate of 2,800 annual hours across 56 respondents remains modest, agencies should assess whether their current eligibility systems and attestation processes align with the updated citizenship verification requirements under WFTC section 71109.
Archived snapshot
Apr 22, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Content
ACTION:
Notice.
SUMMARY:
On May 28, 2010, the Office of Management and Budget (OMB) issued Paperwork Reduction Act (PRA) guidance related to the “generic”
clearance process. Generally, this is an expedited process by which agencies may obtain OMB's approval of collection of information
requests that are “usually voluntary, low-burden, and uncontroversial collections,” do not raise any substantive or policy
issues, and do not require policy or methodological review. The process requires the submission of an overarching plan that
defines the scope of the individual collections that would fall under its umbrella. On October 23, 2011, OMB approved our
initial request to use the generic clearance process under control number 0938-1148 (CMS-10398). It was last approved on April
26, 2021, via the standard PRA process which included the publication of 60- and 30-day
Federal Register
notices. The scope of the April 2021 umbrella accounts for Medicaid and CHIP State plan amendments, waivers, demonstrations,
and reporting. This
Federal Register
notice seeks public comment on one or more of our collection of information requests that we believe are generic and fall
within the scope of the umbrella. Interested persons are invited to submit comments regarding our burden estimates or any
other aspect of this collection of information, including: the necessity and utility of the proposed information collection
for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility
and clarity of the information to be collected, and the use of automated collection techniques or other forms of information
technology to minimize the information collection burden.
DATES:
Comments must be received by May 6, 2026.
ADDRESSES:
When commenting, please reference the applicable form number (CMS-10398 #17) and the OMB control number (0938-1148). To be
assured consideration, comments and recommendations must be submitted in any one of the following ways:
Electronically. You may send your comments electronically to http://www.regulations.gov. Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s)
that are accepting comments.By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division
of Regulations Development, Attention: CMS-10398 #17/OMB control number: 0938-1148, Room C4-26-05, 7500 Security Boulevard,
Baltimore, Maryland 21244-1850.
To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice,
please access the CMS PRA website by copying and pasting the following web address into your web browser: https://www.cms.gov/medicare/regulations-guidance/legislation/paperwork-reduction-act-1995/pra-listing.
FOR FURTHER INFORMATION CONTACT:
William N. Parham at 410-786-4669.
SUPPLEMENTARY INFORMATION:
Following is a summary of the use and burden associated with the subject information collection(s). More detailed information
can be found in the collection's supporting statement and associated materials (see
ADDRESSES
).
Generic Information Collection
- Title: CHIP State Plan Eligibility; Type of Information Collection Request: Revision of a currently approved collection; Use: This iteration proposes substantive changes to the CHIP State Plan Eligibility collection related to section 71109 of the Working Families Tax Cut (WFTC) legislation which limits federal financial participation (FFP) for full CHIP coverage to individuals who are U.S. citizens or U.S. nationals or in only three groups of noncitizens, including lawful permanent residents, Cuban/Haitian entrants, and COFA (Compact of Free Association) migrants, who CMS refers to as “FFP-eligible noncitizens.” While the CHIP State Plan Eligibility collection includes various SPA templates, this revision only updates the Non-Financial Eligibility—Citizenship template (CS 18) and the accompanying Implementation Guide (IG CS18).
The template is part of the CHIP State Plan and includes required eligibility attestations for the state to document state
assurances/elections and verification processes, including that the State will provide coverage during a reasonable opportunity
period (ROP) of at least 90 days.
Form Number: CMS-10398 #17 (OMB control number: 0938-1148); Frequency: One time and on occasion; Affected Public: State, Local, or Tribal Governments; Number of Respondents: 56; Total Annual Responses: 56; Total Annual Hours: 2,800. (For policy questions regarding this collection contact: Abby Kahn at 410-786-4321.)
William N. Parham, III, Director, Division of Information Collections and Regulatory Impacts, Office of Strategic Operations and Regulatory Affairs. [FR Doc. 2026-07803 Filed 4-21-26; 8:45 am] BILLING CODE 4120-01-P
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