[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Page 63661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22260]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0556]


Agency Information Collection Activity: VA Advance Directive: 
Durable Power of Attorney for Health Care and Living Will

AGENCY: Veterans Health Administration, Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: Veterans Health Administration, Department of Veterans Affairs 
(VA), is announcing an opportunity for public comment on the proposed 
collection of certain information by the agency. Under the Paperwork 
Reduction Act (PRA) of 1995, Federal agencies are required to publish 
notice in the Federal Register concerning each proposed collection of 
information, including each proposed extension of a currently approved 
collection, and allow 60 days for public comment in response to the 
notice. DATES: Written comments and recommendations on the proposed 
collection of information should be received on or before December 7, 
2020.

ADDRESSES: Submit written comments on the collection of information 
through Federal Docket Management System (FDMS) at www.Regulations.gov 
or to Brian McCarthy, Office of Regulatory and Administrative Affairs 
(10B4), Department of Veterans Affairs, 810 Vermont Avenue NW, 
Washington, DC 20420 or email to [email protected]. Please refer 
to ``OMB Control No. 2900-0556'' in any correspondence. During the 
comment period, comments may be viewed online through FDMS.

FOR FURTHER INFORMATION CONTACT: Brian McCarthy at (202) 615-9241.

SUPPLEMENTARY INFORMATION: Under the PRA of 1995, Federal agencies must 
obtain approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct or sponsor. This request for 
comment is being made pursuant to Section 3506(c)(2)(A) of the PRA.
    With respect to the following collection of information, VHA 
invites comments on: (1) Whether the proposed collection of information 
is necessary for the proper performance of VHA's functions, including 
whether the information will have practical utility; (2) the accuracy 
of VHA's estimate of the burden of the proposed collection of 
information; (3) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (4) ways to minimize the burden of 
the collection of information on respondents, including through the use 
of automated collection techniques or the use of other forms of 
information technology.
    Authority: Public Law 104-13; 44 U.S.C. 3501-3521.
    Title: Advance Directive: Durable Power of Attorney for Health Care 
and Living Will, VA Form 10-0137.
    OMB Control Number: 2900-0556.
    Type of Review: Extension of a currently approved collection.
    Abstract: Section 7331 of title 38, United States Code (U.S.C.), 
requires, in relevant part, that the Secretary of Veterans Affairs, 
upon the recommendation of the Under Secretary for Health, prescribe 
regulations to ensure, to the maximum extent practicable, that all 
Department of Veterans Affairs (VA) patient care be carried out only 
with the full and informed consent of the patient, or in appropriate 
cases, a representative thereof. Based on VA's interpretation of this 
statute and our mandate in 38 U.S.C. 7301(b) to provide a complete 
medical and hospital service, we recognize that patients with decision-
making capacity have the right to state their treatment preferences in 
a VA or other valid advance directive.
    VA Form 10-0137, VA Advance Directive: Durable Power of Attorney 
for Health Care and Living Will, is the VA recognized legal document 
that permits VA patients to designate a health care agent and/or 
specify preferences for future health care. The VA Advance Directive is 
invoked if a patient becomes unable to make health care decisions for 
himself or herself. Use of the VA Advance Directive is specified in VHA 
Handbook 1004.02, Advance Care Planning and Management of Advance 
Directives. Veterans' rights to designate a health care agent and 
specify health care preferences in advance are codified in 38 CFR 
17.32. This regulation also obligates VA to recognize advance 
directives and to use the information contained therein when health 
care decisions must be made for a patient that has lost decision making 
capacity.
    VA Form 10-0137 (both English and Spanish-English language 
versions) has a current OMB Paperwork Reduction Act (PRA) clearance 
under OMB Control Number 2900-0556. In addition, 2900-0556 now includes 
the collection of a ``Close Personal Friend Statement'' for 
incapacitated Veterans who have not completed an Advance Directive and 
are in need of health care. When a Veteran is incapacitated and does 
not have an Advance Directive, the VA regulations allow a statement to 
be submitted from a ``Close Personal Friend'' who will be responsible 
for making health care decisions on behalf of the Veteran. It is 
estimated that 300 such statements will be collected annually. VA seeks 
to renew the PRA clearance for the information collection under OMB 
Control Number 2900-0556.

VA Form 10-0137

    Affected Public: Individuals and households.
    Estimated Annual Burden: 171,811 hours.
    Estimated Average Burden per Respondent: 30 minutes.
    Frequency of Response: Once annually.
    Estimated Number of Respondents: 343,622.

Close Personal Friend Statement

    Affected Public: Individuals and households.
    Estimated Annual Burden: 50 hours.
    Estimated Average Burden per Respondent: 10 minutes.
    Frequency of Response: Once annually.
    Estimated Number of Respondents: 300.

    By direction of the Secretary.
Danny S. Green,
Interim VA Clearance Officer, Office of Quality, Performance and Risk 
(OQPR), Department of Veterans Affairs.
[FR Doc. 2020-22260 Filed 10-7-20; 8:45 am]
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