Hospice Conditions of Participation (CMS-10277)

OMB Control No: 0938-1067	ICR Reference No: 202508-0938-020
Status: Active	Previous ICR Reference No: 202104-0938-008
Agency/Subagency: HHS/CMS	Agency Tracking No: CCSQ
Title: Hospice Conditions of Participation (CMS-10277)
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/13/2026
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/28/2025
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2029	36 Months From Approved
Responses	9,209,893	0	0
Time Burden (Hours)	4,032,329	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: The CoPs and accompanying requirements specified in the regulations are used by Federal or State surveyors as a basis for determining whether a hospice qualifies for approval or re-approval under Medicare. CMS and the healthcare industry believe that the availability to the hospice of the type of records and general content of records, which this regulation specifies, is standard medical practice, and is necessary in order to ensure the well-being and safety of patients and professional treatment accountability.

---

Authorizing Statute(s): PL: Pub.L. 101 - 239 6005(b) Name of Law: Omnibus Reconciliation Act of 1989    US Code: 42 USC 1395x Name of Law: Hospice Care; Hospice Program    PL: Pub.L. 105 - 33 Title IV, Chapter 4 Name of Law: BBA of 1997    PL: Pub.L. 97 - 248 122 Name of Law: Tax Equity & Fiscal Responsibility Act    PL: Pub.L. 108 - 173 946 Name of Law: Medicare Prescription Drug, Improvement, & Modernization Act of 2003

Citations for New Statutory Requirements: US Code: 42 USC 418.24(b) Name of Law: Election of hospice care US Code: 42 USC 418.24(c) Name of Law: Election of hospice care

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 23687	06/04/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 42013	08/28/2025
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 34

IC Title Form No. Form Name Hospice Condition of Participation (418.22(b)(4) Hospice Condition of Participation 418.58(a)(2) Collect and record data Hospice Conditions of Participation (418.110 (o)(2) newly certified facilities Hospice Conditions of Participation (418.52(a)(3) Hospice Conditions of Participation 418.100(e) Hospice Conditions of Participation 418.106 (e)(2)(i)(C) Hospice Conditions of Participation 418.108(c)(1) Hospice Conditions of Participation 418.108(c)(3) Hospice Conditions of Participation 418.110 (o)(4) Hospice Conditions of Participation 418.110(m) Hospice Conditions of Participation 418.110(n) documentation Hospice Conditions of Participation 418.110(n)(11) and (n)(15) Hospice Conditions of Participation 418.112(e)(3) Hospice Conditions of Participation 418.114 (b)(3)(i)(B) Hospice Conditions of Participation 418.114 (d) Hospice Conditions of Participation 418.114 (d) Newly Certified Facility Hospice Conditions of Participation 418.22(b) Certification Form Development Hospice Conditions of Participation 418.22(b)(3) Hospice Conditions of Participation 418.22(b)(5) Hospice Conditions of Participation 418.24(b) explain election statement Hospice Conditions of Participation 418.28(d) develop revocation form Hospice Conditions of Participation 418.28(d) explain revocation form Hospice Conditions of Participation 418.52(b)(4) Hospice Conditions of Participation 418.56(b) Hospice Conditions of Participation 418.56(c) Hospice Conditions of Participation 418.58 (a)(2) Document Analysis Hospice Conditions of Participation 418.58(a)(2) Develop QAPI program Hospice Conditions of Participation 418.58(a)(2) ID new measures Hospice Conditions of Participation 418.58(a)(2) Organize QAPI Data Hospice Conditions of Participation 418.76(b)(4) Existing Facilities Hospice Conditions of Participation 418.76(b)(4) Newly certified Facilities Hospice Conditions of Participation 418.76(d)(2) Hospice Conditions of Participation 418.78(a)(c)(d) and (e) Hospice Conditons of Participation 418.24 develop election form Hospice Condtions of Participation 418.52(a)(1) §418.24(c) Addendum Form Development §418.24(c) Addendum Form Completion

---

ICR Summary of Burden

	Total Approved	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	9,209,893	0	0	-9,515,760	0	18,725,653
Annual Time Burden (Hours)	4,032,329	0	0	393,114	0	3,639,215
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: This package has been updated to reflect changes in information collection requirements related to new or revised Conditions of Participation. For this reinstatement, the total annual burden hours for industry are 4,032,329 hours and the annual burden costs are $350,449,922. The annual burden hours to industry increased 10.8% from 3,639,215 to 4,032,329. The reasons for the change in annual burden hours are due to the following: • The overall number of newly certified hospices per year continues to increase. The prior version estimated that 280 hospices per year would be newly certified while current estimates expect more than 540 newly certified hospices per year. • The current number of certified hospices is in the range of 6,400 - 7,300 while the prior reinstatement estimate less than 5,000 certified hospices were operating and billing Medicare. • Given the increase in hospice facilities, the number of hospice patients and staff subject to the CoPs has increased, thereby increasing burden hours across the industry.

---

Annual Cost to Federal Government: $13,233,956

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]? Yes

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

Agency Contact: Denise King 410 786-1013 [email protected]

---

Common Form ICR:  No

---

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: 08/28/2025

---