Notice2023-27656
Agency Information Collection Activity: VA Advance Directive: Durable Power of Attorney for Health Care and Living Will
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 18, 2023
Issuing agencies
Veterans Affairs Department
Abstract
Veterans Health Administration (VHA), 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.
Full Text
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<title>Federal Register, Volume 88 Issue 241 (Monday, December 18, 2023)</title>
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[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Notices]
[Page 87500]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27656]
[[Page 87500]]
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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 (VHA), 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 February 16, 2024.
ADDRESSES: Submit written comments on the collection of information
through Federal Docket Management System (FDMS) at <a href="http://www.Regulations.gov">www.Regulations.gov</a>
or to Grant Bennett, Office of Regulations, Appeals, and Policy
(10BRAP), Department of Veterans Affairs, 810 Vermont Avenue NW,
Washington, DC 20420 or email to <a href="/cdn-cgi/l/email-protection#783f0a19160c563a1d16161d0c0c380e19561f170e"><span class="__cf_email__" data-cfemail="1b5c697a756f35597e75757e6f6f5b6d7a357c746d">[email protected]</span></a>. 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: Maribel Aponte, Office of Enterprise
and Integration, Data Governance Analytics (008), 810 Vermont Avenue
NW, Washington, DC 20420, (202) 266-4688 or email
<a href="/cdn-cgi/l/email-protection#147975667d7671783a75647b7a60715462753a737b62"><span class="__cf_email__" data-cfemail="b1dcd0c3d8d3d4dd9fd0c1dedfc5d4f1c7d09fd6dec7">[email protected]</span></a>. Please refer to ``OMB Control No. 2900-0556'' in
any correspondence.
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.
Maribel Aponte,
VA PRA Clearance Officer, Office of Enterprise and Integration/Data
Governance Analytics, Department of Veterans Affairs.
[FR Doc. 2023-27656 Filed 12-15-23; 8:45 am]
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