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Agency Information Collection Activities: Submission for OMB Review; Comment Request

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Summary

CMS published a notice announcing two information collection requests under the Paperwork Reduction Act: (1) an extension of CMS-10242 covering Emergency Ambulance Transports and Beneficiary Signature requirements (affecting 10,278 respondents, 9,265,931 annual responses), and (2) a reinstatement of CMS-1771 covering Emergency and Foreign Hospital Services claims under 42 CFR 424.103. The notice invites public comment on burden estimates and information collection aspects. Comments must be received by the OMB desk officer by May 20, 2026.

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What changed

CMS published a notice under the Paperwork Reduction Act announcing two information collection requests open for public comment. The first is an extension of the currently approved CMS-10242 collection concerning beneficiary signature requirements for emergency ambulance transports under 42 CFR 424.36(b)(6), affecting approximately 10,278 respondents generating 9,265,931 annual responses representing 771,852 annual hours. The second is a reinstatement without change of CMS-1771 covering emergency and foreign hospital services claims under 42 CFR 424.103 for nonparticipating hospitals.

Healthcare providers, ambulance services, and hospitals that submit Medicare claims should review the burden estimates and utility assessments for these collections. Providers may submit comments regarding the necessity, accuracy, or clarity of the proposed information collections via www.reginfo.gov by May 20, 2026.

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Apr 18, 2026

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Notice

Agency Information Collection Activities: Submission for OMB Review; Comment Request

A Notice by the Centers for Medicare & Medicaid Services on 04/20/2026

  • This document has a comment period that ends in 32 days.
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  • Public Inspection Published Document: 2026-07634 (91 FR 20998) Document Headings ###### Department of Health and Human Services
Centers for Medicare & Medicaid Services
  1. [Document Identifier: CMS-10242 and CMS-1771]

AGENCY:

Centers for Medicare & Medicaid Services, Health and Human Services (HHS).

ACTION:

Notice.

SUMMARY:

The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate 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 on the collection(s) of information must be received by the OMB desk officer by May 20, 2026.

ADDRESSES:

Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/​public/​do/​PRAMain. Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.

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/​Regulations-and-Guidance/​Legislation/​PaperworkReductionActof1995/​PRA-Listing.

FOR FURTHER INFORMATION CONTACT:

William Parham at (410) 786-4669.

SUPPLEMENTARY INFORMATION:

Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment.

  1. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Emergency Ambulance Transports and Beneficiary Signature; Use: The statutory authority requiring a beneficiary's signature on a claim submitted by a provider is located in section 1835(a) and in 1814(a) of the Social Security Act (the Act), for Part B and Part A services, respectively. The authority requiring a beneficiary's signature for supplier claims is implicit in sections 1842(b)(3)(B)(ii) and in 1848(g)(4) of the Act. Federal regulations at 42 CFR 424.32(a)(3) state that all claims must be signed by the beneficiary or on behalf of the Beneficiary (in accordance with 424.36). Section 424.36(a) states that the beneficiary's signature is required on a claim unless the beneficiary has died or the provisions of 424.36(b), (c), or (d) apply.

For emergency and nonemergency ambulance transport services, where the beneficiary is physically or mentally incapable of signing the claim (and the beneficiary's authorized representative is unavailable or unwilling to sign the claim), that it is impractical and infeasible to require an ambulance provider or supplier to later locate the beneficiary or the person authorized to sign on behalf of the beneficiary, before submitting the claim to Medicare for payment. Therefore, an exception was created to the beneficiary signature requirement with respect to emergency and nonemergency ambulance transport services, where the beneficiary is physically or mentally incapable of signing the claim, and if certain documentation requirements are met. Thus, we added subsection (6) to paragraph (b) of 42 CFR 424.36. The information required in this ICR is needed to help ensure that services were in fact rendered and were rendered as billed. Form Number: CMS-10242 (OMB control number: 0938-1049); Frequency: Occasionally; Affected Public: Private sector, Business or other for-profit, Not-for-profits institutions; Number of Respondents: 10,278; Total Annual Responses: 9,265,931; Total Annual Hours: 771,852. (For policy questions regarding this collection contact Frederick Grabau at 410-786-0206.)

  1. Type of Information Collection Request: Reinstatement without change of a previously approved collection; Title: Emergency and Foreign Hospital Services and Supporting Regulation in 42 CFR 424.103; Use: Section 1866 of the Social Security Act states that any provider of services shall be qualified to participate in the Medicare program and shall be eligible for payments under Medicare if it files an agreement with the Secretary to meet the conditions outlined in this section of the Act. Section 1814(d)(1) of the Social Security Act and 42 CFR 424.100, allows payment of Medicare benefits for a Medicare beneficiary to a ( printed page 20999) nonparticipating hospital that does not have an agreement in effect with the Centers for Medicare and Medicaid Services. These payments can be made if such services were emergency services and if CMS would be required to make the payment if the hospital had an agreement in effect and met the conditions of payment. This form is used in connection with claims for emergency hospital services provided by hospitals that do not have an agreement in effect under Section 1866 of the Social Security Act.

42 CFR 424.103(b) requires that before a non-participating hospital may be paid for emergency services rendered to a Medicare beneficiary, a statement must be submitted that is sufficiently comprehensive to support that an emergency existed. Form CMS-1771 contains a series of questions relating to the medical necessity of the emergency. The attending physician must attest that the hospitalization was required under the regulatory emergency definition (42 CFR 424.101 attached) and give clinical documentation to support the claim. A photocopy of the beneficiary's hospital records may be used in lieu of the CMS-1771 if the records contain all the information required by the form.; Form Number: CMS-1771 (OMB Control Number: 0938-0023); Frequency: Annually; Affected Public: Private Sector, Business or other for-profit and not-for-profit institutions; Number of Respondents: 100; Number of Responses: 200; Total Annual Hours: 50. (For policy questions regarding this collection contact Shauntari Cheely at 410-786-1818.)

William N. Parham, III,

Director, Division of Information Collections and Regulatory Impacts, Office of Strategic Operations and Regulatory Affairs.

[FR Doc. 2026-07634 Filed 4-17-26; 8:45 am]

BILLING CODE 4120-01-P

Published Document: 2026-07634 (91 FR 20998)

CFR references

42 CFR 424.36 42 CFR 424.103 42 CFR 424.32

Named provisions

Emergency Ambulance Transports and Beneficiary Signature Emergency and Foreign Hospital Services

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Last updated

Classification

Agency
Health and Human Services Department
Published
April 20th, 2026
Comment period closes
May 20th, 2026 (32 days)
Compliance deadline
May 20th, 2026 (32 days)
Instrument
Notice
Legal weight
Non-binding
Stage
Final
Change scope
Minor
Document ID
91 FR 20998 / Document Identifier: CMS-10242 and CMS-1771
Docket
Document Identifier: CMS-10242 and CMS-1771

Who this affects

Applies to
Healthcare providers Government agencies
Industry sector
6221 Hospitals & Health Systems
Activity scope
Medicare claims processing Ambulance transport billing
Geographic scope
United States US

Taxonomy

Primary area
Healthcare
Operational domain
Regulatory Affairs
Topics
Insurance Public Health

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