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[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Page 90705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26713]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10398 #85]

Medicaid and Children's Health Insurance Program (CHIP) Generic 
Information Collection Activities: Proposed Collection; Comment Request

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

ACTION: Notice.

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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 December 2, 2024.

ADDRESSES: When commenting, please reference the applicable form number 
(CMS-10398 #85) and the OMB control number (0938-1148). 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-10398 #85/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

    1. Title of Information Collection: 3.1-M State Plan Amendment 
(SPA) Templates for Eligible Juveniles Who are Inmates of a Public 
Institution; Type of Information Collection Request: New information 
collection request information request; Use: Section 5121 of the 
Consolidated Appropriation Act of 2023 (CAA, 2023) creates a new 
mandate for states by amending section 1902(a)(84) of the Social 
Security Act (the Act) (42 U.S.C. 1396a) to require states to provide 
specific screening and diagnostic services and targeted case management 
(including referrals) in the 30 days prior to release from 
incarceration, and targeted case management (TCM) (including referrals) 
for at least 30 days post release for eligible juveniles who are 
inmates of a public institution, post adjudication. The requirements 
are effective January 1, 2025.
    To comply with the amendments states must submit a Medicaid SPA 
attesting that the state has developed an internal operation plan, and 
in accordance with such plan, will provide coverage during the 
statutory pre- and post-release period of screening, diagnostic, and 
TCM services for eligible juveniles who are within 30 days of release 
post adjudication.
    States have the option to lift the Medicaid inmate payment and CHIP 
eligibility exclusions and provide coverage of pre-release Medicaid and 
CHIP services (for electing states) and makes available federal 
matching funds for the full breadth of Medicaid and CHIP benefits to 
eligible juveniles who are incarcerated and pending disposition of 
charges. States selecting this state plan option must provide to 
eligible juveniles all mandatory and optional services to which they 
are otherwise entitled under the state plan. During the period when an 
eligible juvenile is incarcerated and pending disposition of charges, 
this is essentially a full lifting of the Medicaid inmate payment 
exclusion and CHIP eligibility exclusion. States cannot choose to 
provide a limited array of state plan services under this option. An 
operational plan is not required for this state option.
    For states that wish to elect the option in section 5122 of the 
CAA, 2023, states should submit a SPA attesting to CMS that they are 
also electing coverage for any Medicaid or CHIP state plan services for 
eligible juveniles pending disposition of charges to which the 
beneficiary would otherwise be entitled, if not for their incarceration 
status.
    Form Number: CMS-10398 #85 (OMB control number: 0938-1148); 
Frequency: Once and on occasion; Affected Public: State, Local, or 
Tribal Governments; Number of Respondents: 56; Total Annual Responses: 
168; Total Annual Hours: 4,872. (For policy questions regarding this 
collection contact: Marlana Thieler at 410-786-6274.)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-26713 Filed 11-15-24; 8:45 am]
BILLING CODE 4120-01-P
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