60-day FRN - 2900-0556 - VA Advance Directive: Durable POA for Health Care & Living Will - published

Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Notices
Dated: October 5, 2020.
Jelessa M. Burney,
Federal Advisory Committee Management
Officer.
[FR Doc. 2020–22340 Filed 10–7–20; 8:45 am]
BILLING CODE P

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
Veterans Health
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:

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 Brian.McCarthy4@
va.gov. 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

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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 decisionmaking 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

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‘‘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]
BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0500]

Agency Information Collection
Activity: Mandatory Verification of
Dependents
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:

Veterans Benefits
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

SUMMARY:

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