[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Notices]
[Pages 9424-9425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02853]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0556]


Agency Information Collection Activity Under OMB Review: 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: In compliance with the Paperwork Reduction Act (PRA) of 1995, 
this notice announces that the Veterans Health Administration, 
Department of Veterans Affairs, will submit the collection of 
information abstracted below to the Office of Management and Budget 
(OMB) for review and comment. The PRA submission describes the nature 
of the information collection and its expected cost and burden, and it 
includes the actual data collection instrument.

DATES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. Refer to 
``OMB Control No. 2900-0556.''

FOR FURTHER INFORMATION CONTACT: Maribel Aponte, Office of Enterprise 
and Integration, Data Governance Analytics (008), 1717 H Street NW, 
Washington, DC 20006, (202) 266-4688 or email [email protected]. 
Please refer to ``OMB Control No. 2900-0556'' in any correspondence.

SUPPLEMENTARY INFORMATION: 
    Authority: 44 U.S.C. 3501-21.
    Title: VA 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

[[Page 9425]]

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.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The Federal Register Notice with a 
60-day comment period soliciting comments on this collection of 
information was published at 85 FR 196 on October 8, 2020, pages 63661.

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.
Maribel Aponte,
VA PRA Clearance Officer, Office of Enterprise and Integration, Data 
Governance Analytics, Department of Veterans Affairs.
[FR Doc. 2021-02853 Filed 2-11-21; 8:45 am]
BILLING CODE 8320-01-P