The Centers for Medicare & Medicaid Services (CMS), operating under the Department of Health and Human Services (HHS), has announced a critical opportunity for public engagement regarding the implementation of expanded behavioral health services under Medicaid. Specifically, CMS is soliciting comments on a proposed information collection related to a new template for State Plan Amendments (SPAs) concerning Certified Community Behavioral Health Clinics (CCBHCs). This administrative step is a direct consequence of recent federal legislation and aims to facilitate states' adoption of an important new optional Medicaid benefit.
Understanding the Generic Information Collection Process
This current action falls under the rubric of the Paperwork Reduction Act (PRA) guidance issued by the Office of Management and Budget (OMB) on May 28, 2010. This guidance established a "generic" clearance process, designed to expedite OMB approval for information collections that are typically voluntary, impose a low burden, are uncontroversial, and do not raise significant policy or methodological questions. This process requires an overarching plan that defines the scope of individual collections. CMS received initial OMB approval for its generic clearance process under control number 0938-1148 (CMS-10398) on October 23, 2011, and it was most recently approved on April 26, 2021, through the standard PRA procedure, which included both 60- and 30-day Federal Register notices. The existing umbrella scope covers Medicaid and CHIP State plan amendments, waivers, demonstrations, and reporting requirements. The current notice specifically seeks public comment on an information collection request that CMS considers generic and within the established scope of this umbrella clearance.
The New Certified Community Behavioral Health Clinic Benefit
The specific information collection at hand, identified as CMS-10398 #99, is titled "Medicaid Certified Community Behavioral Health Clinic (CCBHC) Services State Plan Amendment Coverage Template." This new collection is a direct response to a significant legislative change: Section 209 in Title I of Division G of the Consolidated Appropriations Act, 2024 (Public Law 118-42), enacted on March 9, 2024. This act amended section 1905 of the Social Security Act (the Act) to create a new, optional Certified Community Behavioral Health Clinic State plan benefit at section 1905(a)(31), as further defined in section 1905(jj) of the Act.
CCBHCs are a specific model of care designed to provide comprehensive behavioral health services. Under this new provision, CCBHCs must be certified by their respective State Medicaid agencies, adhering to the most current version of the CCBHC Certification Criteria. Furthermore, these clinics are mandated to submit ongoing data on the services they provide, including details on service encounters and clinical outcomes, either to the state or directly to the Secretary of HHS. The Certification Criteria are fundamental, setting a baseline for the level of service and operational standards required of CCBHCs.
Streamlining State Adoption with a New Template
The amendments to the Social Security Act, brought about by the passage of the Consolidated Appropriations Act, 2024, explicitly provide the authority for states to add this optional Medicaid coverage to their State Plans. To simplify and standardize this process for states, CMS has developed a specific template. This template is designed to streamline the SPA submission process for states wishing to add the new 1905(a)(31) CCBHC services benefit to their State Plan. States that opt to add this coverage will be required to utilize and submit this template. The submission must occur no later than the end of the quarter in which the effective date of their State Plan Amendment falls.
Public Comment Period and Submission Details
CMS is actively inviting interested parties to submit comments on various aspects of this information collection request. The agency specifically welcomes input regarding its burden estimates, as well as the necessity and utility of the proposed collection for the proper performance of agency functions. Further feedback is sought on the accuracy of the estimated burden, potential ways to enhance the quality, utility, and clarity of the information to be collected, and the feasibility of using automated collection techniques or other forms of information technology to minimize the burden of information collection.
Comments must be received by April 30, 2026. When submitting comments, individuals and organizations are instructed to reference the applicable form number (CMS-10398 #45) and the OMB control number (0938-1148). Submissions can be made electronically through www.regulations.gov by following the instructions for "Comment or Submission" or "More Search Options" to locate the relevant information collection document. Alternatively, written comments may be mailed to CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, at the address provided in the Federal Register notice in Baltimore, Maryland. Supporting statements and related forms for this proposed collection are accessible via the CMS PRA website.
Implications and Future Outlook
This notice represents a concrete step in the federal government's ongoing efforts to enhance and expand access to behavioral health services across the nation. By creating an optional Medicaid benefit for CCBHCs and developing a standardized template for states to adopt it, CMS aims to reduce administrative complexities and encourage broader state participation in this vital program. The public comment period is a critical component of this process, ensuring that the information collection is efficient, effective, and minimally burdensome for all stakeholders. The success of this initiative will depend on robust engagement from states, providers, and advocacy groups during this comment period, informing CMS as it finalizes the implementation tools for this important new benefit. The ultimate goal is to facilitate improved access to comprehensive and coordinated behavioral health care for Medicaid and CHIP beneficiaries.
