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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2216 Reported in Senate (RS)]

<DOC>

                                                       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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Transparency and Effective 
Accountability Measures for Veteran Caregivers Act'' or the ``TEAM 
Veteran Caregivers Act''.</DELETED>

<DELETED>SEC. 2. MODIFICATION OF ADMINISTRATION OF CAREGIVER PROGRAM OF 
              DEPARTMENT OF VETERANS AFFAIRS.</DELETED>

<DELETED>    (a) Official Designation of Caregivers.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Inclusion.--Caregivers recognized under 
        paragraph (1) shall include--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) caregivers participating in the 
                program of support services for caregivers under 
                subsection (b) of such section.</DELETED>
<DELETED>    (b) Notification Letters Regarding Clinical 
Determinations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (c) Temporary Extension of Benefits for Family Caregiver 
Program.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Exclusion.--Paragraph (1) shall not apply to 
        the termination of caregiver benefits--</DELETED>
                <DELETED>    (A) for cause, including--</DELETED>
                        <DELETED>    (i) noncompliance with 
                        requirements of the program; or</DELETED>
                        <DELETED>    (ii) fraud;</DELETED>
                <DELETED>    (B) because the veteran died; or</DELETED>
                <DELETED>    (C) upon request of the caregiver or the 
                veteran.</DELETED>

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
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