Changeflow GovPing Healthcare & Life Sciences CMS Medicaid State Plan Eligibility Comment Per...
Routine Notice Added Final

CMS Medicaid State Plan Eligibility Comment Period Ends May 6

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Summary

CMS is seeking public comment on a revised Medicaid State Plan Eligibility template (CMS-10434 #15, OMB control number 0938-1188) that incorporates changes under section 71109 of the Working Families Tax Cut (WFTC) legislation, limiting federal financial participation for full Medicaid coverage to U.S. citizens or nationals and specific noncitizen groups (lawful permanent residents, Cuban/Haitian entrants, and COFA migrants). The revised template includes required attestations for emergency Medicaid coverage and coverage during the reasonable opportunity period pending verification of citizenship or immigration status. Comments must be received by May 6, 2026, and will be considered by CMS before finalization.

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What changed

CMS has published a Federal Register notice seeking public comments on a revised Medicaid State Plan Eligibility template (CMS-10434 #15) that incorporates legislative changes under section 71109 of the Working Families Tax Cut. The revised template adds or modifies attestations related to emergency Medicaid coverage, coverage during the reasonable opportunity period pending verification of U.S. citizenship/national status or satisfactory immigration status, and state options for lawfully residing children and pregnant women under the CHIPRA 214 option. The collection is classified as a revision of a currently approved collection, with 56 respondents expected to provide 1,120 total annual hours. Comments are invited on burden estimates, necessity, utility, accuracy, and clarity of the proposed information collection.

State Medicaid agencies, tribal governments administering Medicaid programs, and other state, local, or territorial government entities responsible for submitting State Plan Amendments should review the revised template and provide feedback by May 6, 2026. The template's changes affect how states attest to citizenship and noncitizen eligibility requirements and may require updates to internal administrative processes for processing Medicaid applications and renewals.

Archived snapshot

Apr 22, 2026

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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. 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-10434 #15) and the OMB control number (0938-1188). To be
assured consideration, comments and recommendations must be submitted in any one of the following ways:

  1. 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.

  2. 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-10434 #15/OMB control number: 0938-1188, Room C4-26-05, 7500 Security Boulevard,
    Baltimore, MD 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

  1. Title: Medicaid State Plan Eligibility ; Type of Information Collection Request: Revision of a currently approved collection; Use: This iteration proposes substantive changes to the Citizenship and Noncitizen Eligibility SPA template (RU S89) related to section 71109 of the Working Families Tax Cut (WFTC) legislation which limits federal financial participation (FFP) for full Medicaid coverage, with limited exceptions, to individuals who are U.S. citizens or nationals or in only three groups of noncitizens, including lawful permanent residents (LPRs), Cuban/Haitian entrants, or COFA (Compact of Free Association) migrants, who CMS refers to as “FFP-eligible noncitizens.”

The revised template includes a required attestation that the state will provide emergency coverage for the care and services
necessary for the treatment of an emergency medical condition (often referred to as “emergency Medicaid”), and State option
to provide medical assistance to lawfully residing children and pregnant women (often referred to as the “CHIPRA 214 option”).

Section 71109 of the WFTC legislation did not change emergency Medicaid or the CHIPRA 214 option and provides that expenditures
for emergency Medicaid are excepted from the FFP limitations.

The template also proposes to add another required attestation that the State will provide coverage during a reasonable opportunity
period (ROP) pending verification of U.S. citizenship/national status/satisfactory immigration status, as well as State options
related to extending the ROP for noncitizens, which is unchanged by section 71109.

Form Number: CMS-10434 #15 (OMB control number: 0938-1188); Frequency: One time and on occasion; Affected Public: State, Local, or Tribal Governments; Number of Respondents: 56; Total Annual Responses: 56; Total Annual Hours: 1,120. (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. 2026-07802 Filed 4-21-26; 8:45 am] BILLING CODE 4120-01-P

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Last updated

Classification

Agency
CMS
Published
April 21st, 2026
Comment period closes
May 6th, 2026 (13 days)
Compliance deadline
May 6th, 2026 (13 days)
Instrument
Notice
Branch
Executive
Legal weight
Non-binding
Stage
Final
Change scope
Minor
Docket
CMS-2026-1619-0001

Who this affects

Applies to
Government agencies
Industry sector
9211 Government & Public Administration
Activity scope
Medicaid administration Eligibility verification State plan amendments
Geographic scope
United States US

Taxonomy

Primary area
Healthcare
Operational domain
Regulatory Affairs
Topics
Public Health Social Services

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