OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995, and the OMB Control Number will not appear in the active inventory. This action has no effect on any current approvals. In the preamble of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments. In the future, the agency should submit proposed rule packages to OMB not later than the day on which the Notice of Proposed Rulemaking is published in the Federal Register, as required by 5 CFR 1320.11(b).
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
10/31/2026
10/31/2026
10/31/2026
13,614
0
13,614
4,816
0
4,816
0
0
0
The information collection under OMB Control Number 2900-0160 includes VA Forms 10-5588, 10-5588A, and 10-10SH and has a current Paperwork Reduction Act (PRA) clearance with an expiration date of 10/31/2026. VHA is implementing a new regulation that will add another element to this information collection. Specifically, the new regulation will allow State homes to submit a list of veteran names to VA for reconsideration of previously denied claims. This will be a time limited opportunity that must occur within 30 days of the effective date of the rule.
Authority for this information collection can be found in two public laws affecting State homes: Public Law 115-159, the State Veterans Home Adult Day Health Care Improvement Act of 2017, which requires VA to pay State Veteran Homes (SVHs) for medical model adult day health care provided to certain eligible Veterans; and Public Law 116-315, Section 3007, Waiver of Requirements of Department of Veterans Affairs for Receipt of Per Diem Payments for Domiciliary Care at State Homes and Modification of Eligibility for such Payments. This information collection also enables the payment of per diem to State homes that provide care to eligible Veterans in accordance with Title 38, CFR Part 51. The intended effect of these provisions is to create a safeguard that Veterans are receiving a high quality of care in SVHs.
To ensure that high quality care is furnished to Veterans, VA requires those facilities providing nursing home care, domiciliary care, and adult day health care programs to Veterans to supply various kinds of information. The information required includes an application and justification for payment; records and reports that facility management must maintain regarding payment activities of residents or participants; and records and reports that facilities management and health care professionals must maintain regarding eligibility and level of care for residents or participants. The following three forms are included in this information collection: 10-5588, 10-5588A, and 10-10SH.
The State Home Per Diem (SHPD) Program made updates to the automated the 10-10SH form to increase functionality and usage. This form was converted into a web-based, fillable form that can be electronically submitted from the SVH to the appropriate VAMC. It includes data field validation, assuring that all required fields have been filled before the user can electronically submit the 10-10SH form. The VA portion of the application also includes business rules to assist the VA representatives in making uniform determinations, allow the VA representative to return incomplete applications to the SVH along with a notification to them, and record the receipt of the completed application.
PL:
Pub.L. 109 - 461 211(a)(5)
Name of Law: Veterans Benefits, Health Care, and Information Technology - Modification to State Home Authorities
PL:
Pub.L. 115 - 159 2
Name of Law: State Veterans Home Adult Day Health Care Improvement Act of 2017
PL:
Pub.L. 116 - 315 3007
Name of Law: Veterans Health Care and Benefits Improvement Act of 2020
There is a burden increase due to the proposed addition of a List of Veteran Names for Claim Reconsideration, under 38 CFR 51.42(c), which will allow the resubmission of names of veterans whose claims were previously denied by VA.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
List of Veteran Names for Reconsideration