Information Collection Request

Negotiation Program Drug Selection for Initial Price Applicability Year 20XX under Sections 11001 and 11002 of the Inflation Reduction Act (IRA) - (CMS-10844)

ICR 202606-0938-004 · OMB 0938-1443 · Received in OIRA

IC Document Collections
IC IDCollectionTypeStatusForm
277593 Identification and Selection of Renegotiation-Eligible Drugs Form and Instruction ModifiedNegotiation Program Drug Selection Information Collection Forms
271326 Biosimilar Delay Form and Instruction ModifiedNegotiation Program Drug Selection Information Collection Forms
259843 Small Biotech Exception Form and Instruction RemovedNegotiation Program Drug Selection Information Collection Forms
ICR Details
0938-1443 202606-0938-004
Received in OIRA 202509-0938-014
HHS/CMS CM
Negotiation Program Drug Selection for Initial Price Applicability Year 20XX under Sections 11001 and 11002 of the Inflation Reduction Act (IRA) - (CMS-10844)
Revision of a currently approved collection   No
Regular 06/16/2026
  Requested Previously Approved
36 Months From Approved 11/30/2028
46 65
4,760 3,677
0 0

The Centers for Medicare & Medicaid Services (CMS) is requesting review and approval of a revision to an existing data collection related to the Inflation Reduction Act of 2022 (P.L. 117-169) (the Act). Sections 1193 and 1194 of the Act requires drug manufacturers to submit data to the Secretary of the Department of Health and Human Services, in a form and manner specified by the Secretary; information on the non-Federal average manufacturer price; and information that the Secretary requires to carry out the negotiation or renegotiation process. The Act establishes a Drug Price Negotiation Program for certain selected drugs covered under Medicare Part B and Part D. The Secretary is required to negotiate maximum fair prices (MFPs) with drug manufacturers for 15 Part B and Part D drugs in 2028, 20 Part B and Part D drugs for 2029 and each following year. The Secretary is required to renegotiate MFPs with drug manufacturers of selected drugs that are eligible and selected for renegotiation for 2028 and each following year. Additionally, this information collection request describes the information collection that may occur if the Primary Manufacturer chooses to develop and submit a written counteroffer to CMS’ written initial offer for initial negotiation or renegotiation of the MFP, as applicable to a selected drug, during initial price applicability year 2028 under the Medicare Drug Price Negotiation Program (under the authority in sections 11001 and 11002 of the Inflation Reduction Act of 2022 (P.L. 117-169), codified in sections 1191 through 1198 of the Social Security Act

PL: Pub.L. 117 - 169 11001 and 11002 Name of Law: The Inflation Reduction Act of 2022
  
None

0938-AV90 Proposed rulemaking 91 FR 36236 06/16/2026

No

  Total Request 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 46 65 0 -30 11 0
Annual Time Burden (Hours) 4,760 3,677 0 -292 1,375 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
Yes
Miscellaneous Actions
Collection burden has decreased due to the removed burden associated with a Small Biotech Exception. Additionally, for the Identification and Selection of Renegotiation-Eligible Drugs ICR Form, CMS included technical revisions.

$255,447
No
    No
    No
No
No
No
No
Stephan McKenzie 410 786-1943 [email protected]

  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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
06/16/2026