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Senate Bill 2216
116th Congress(2019-2020)
TEAM Veteran Caregivers Act
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Became Public Law 116-278 on Dec 31, 2020
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S. 2216 (Reported-in-Senate)

Calendar No. 540

116th CONGRESS
2d Session
S. 2216


To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

July 23, 2019

Mr. Peters (for himself, Mrs. Blackburn, Ms. McSally, Mr. Kaine, Ms. Rosen, Mr. Moran, Ms. Collins, Ms. Sinema, Ms. Murkowski, Mr. Jones, Ms. Klobuchar, Mr. Durbin, Mr. Merkley, Mr. Alexander, Ms. Cortez Masto, Mr. Rounds, Mr. Blumenthal, Mr. Gardner, and Ms. Hassan) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

September 15, 2020

Reported by Mr. Moran, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Transparency and Effective Accountability Measures for Veteran Caregivers Act” or the “TEAM Veteran Caregivers Act”.

SEC. 2. Modification of administration of caregiver program of Department of Veterans Affairs.

(a) Official designation of caregivers.—

(1) IN GENERAL.—The Secretary of Veterans Affairs shall formally recognize all caregivers of veterans by identifying any caregiver of a veteran in the health record of the veteran.

(2) INCLUSION.—Caregivers recognized under paragraph (1) shall include—

(A) family caregivers participating in the program of comprehensive assistance for family caregivers under subsection (a) of section 1720G of title 38, United States Code; and

(B) caregivers participating in the program of support services for caregivers under subsection (b) of such section.

(b) Notification letters regarding clinical determinations.—

(1) IN GENERAL.—The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code.

(2) ELEMENTS.—Notifications under paragraph (1) shall include the elements required for notices of decisions under section 5104(b) of title 38, United States Code, to the extent that those elements apply to claims or eligibility determinations under paragraph (1).

(c) Temporary extension of benefits for family caregiver program.—

(1) IN GENERAL.—Upon determining that a veteran who was receiving services under the program of comprehensive assistance for family caregivers under section 1720G(a) of title 38, United States Code, is no longer clinically eligible for purposes of such program, the Secretary shall extend benefits under such program, including stipends under paragraph (3)(A)(ii)(V) of such section, for not less than 90 days after the date of notification under subsection (b) that the veteran is no longer clinically eligible.

(2) EXCLUSION.—Paragraph (1) shall not apply to the termination of caregiver benefits—

(A) for cause, including—

(i) noncompliance with requirements of the program; or

(ii) fraud;

(B) because the veteran died; or

(C) upon request of the caregiver or the veteran.

SECTION 1. Short title.

This Act may be cited as the “Transparency and Effective Accountability Measures for Veteran Caregivers Act” or the “TEAM Veteran Caregivers Act”.

SEC. 2. Modification of administration of caregiver programs of Department of Veterans Affairs.

(a) Official designation of caregivers.—

(1) IN GENERAL.—The Secretary of Veterans Affairs, when determined feasible by the Secretary, shall formally recognize all caregivers of veterans by identifying any caregiver of a veteran in the electronic health record of the veteran.

(2) INCLUSION.—Caregivers recognized under paragraph (1) shall include—

(A) any family caregiver who is approved as a provider of personal care services for an eligible veteran under the program of comprehensive assistance for family caregivers under subsection (a) of section 1720G of title 38, United States Code; and

(B) any caregiver of a covered veteran participating in the program of support services for caregivers under subsection (b) of such section.

(b) Standardized letters regarding certain determinations under family caregiver program.—

Section 1720G(a) of title 38, United States Code, is amended by adding at the end the following new paragraph:

“(12) (A) The Secretary shall notify the individuals described in subparagraph (B) regarding decisions affecting the furnishing of assistance under this subsection using standardized letters, as the Secretary determines such notifications and letters to be appropriate.

“(B) The individuals described in this subparagraph shall include—

“(i) an individual who submits an application for the program required by paragraph (1);

“(ii) an individual determined by the Secretary to be an eligible veteran pursuant to such an application; and

“(iii) a family caregiver of an eligible veteran who is—

“(I) approved as a provider of personal care services under paragraph (6)(B); or

“(II) designated as a primary provider of personal care services under paragraph (7)(A).”.

(c) Temporary extension of benefits for family caregiver program.—Upon determining that a veteran who was receiving services under the program of comprehensive assistance for family caregivers under section 1720G(a) of title 38, United States Code, is no longer clinically eligible for purposes of such program, the Secretary shall extend benefits under such program, including stipends under paragraph (3)(A)(ii)(V) of such section, for a period of time determined by the Secretary if such an extension is determined appropriate by the Secretary.

Amend the title so as to read: “A bill to require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for the family caregiver program, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes.”.

Calendar No. 540

116th CONGRESS
     2d Session
S. 2216
A BILL
To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes.
September 15, 2020
Reported with an amendment and an amendment to the title