Government Seeks Permission to Ask for Your Permission Later
Published Date: 12/8/2025
Notice
Summary
The Centers for Medicare & Medicaid Services (CMS) wants your thoughts on their plan to collect some info from the public. They’re asking for comments by February 6, 2026, to make sure the process is clear, useful, and not too much work. This affects anyone who might provide info to CMS and helps keep things running smoothly without wasting time or money.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Face‑to‑Face Documentation Required
If you are a physician or an authorized non‑physician practitioner involved in Medicaid home health, you must document a face‑to‑face encounter with the Medicaid beneficiary before certifying that home health services are required. The work to complete this documentation includes writing, typing, or dictating the encounter and signing and dating the record.
Expanded Authority for NPs, CNSs, and PAs
Under the CARES Act and a CMS amendment, nurse practitioners (NPs), clinical nurse specialists (CNSs), and physician assistants (PAs) may certify the need for home health services and order those services. CMS amended 42 CFR 440.70 to remove the requirement that these non‑physician practitioners communicate the clinical finding to the ordering physician, and such practitioners may independently perform the face‑to‑face encounter in accordance with state law.
Estimated Paperwork Burden Quantified
CMS reports this collection (Form CMS‑10609, OMB control number 0938‑1319) affects 381,785 respondents, with 2,495,355 total annual responses and 416,724 total annual hours of burden. The burden figures reflect the time providers spend completing and signing the required face‑to‑face documentation.
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Key Dates
Department and Agencies
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