Title: Supporting Veteran Caregivers Act of 2019
Policy area: Armed Forces and National Security

Summary:
Supporting Veteran Caregivers Act of 2019
This bill requires the Department of Veterans Affairs (VA) to reevaluate the cases of family caregivers who were removed from the VA family caregivers program or had benefits reduced under such program to ensure the removal or reduction was consistent with the program's eligibility criteria.
On the basis of the reevaluation, the VA must (1) offer reinstatement in the program to family caregivers who were improperly removed, and (2) reverse any reduction in benefits that was found to be improper.
The VA must compensate family caregivers who were reinstated in an amount equal to the amount the caregivers would have received during the period of removal. Additionally, the VA must compensate family caregivers whose benefits were restored for the benefits they would have received if their benefits had not been reduced.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1648 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1648

   To reinstate and compensate family caregivers who were improperly 
removed from the family caregiver program of the Department of Veterans 
   Affairs or whose benefits were reduced and to ensure all veteran 
    caregivers receive the support and assistance to which they are 
   eligible in a fair and consistent manner, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 23 (legislative day, May 22), 2019

  Mr. Casey (for himself, Mr. Tester, and Mrs. Murray) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To reinstate and compensate family caregivers who were improperly 
removed from the family caregiver program of the Department of Veterans 
   Affairs or whose benefits were reduced and to ensure all veteran 
    caregivers receive the support and assistance to which they are 
   eligible in a fair and consistent manner, 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 ``Supporting Veteran Caregivers Act of 
2019''.

SEC. 2. REINSTATEMENT AND RESTORATION OF BENEFITS FOR CERTAIN FAMILY 
              CAREGIVERS UNDER FAMILY CAREGIVER PROGRAM OF DEPARTMENT 
              OF VETERANS AFFAIRS.

    (a) Reevaluation of Benefits.--The Secretary of Veterans Affairs 
shall reevaluate the cases of all family caregivers who were removed 
from the program or whose benefits under the program were reduced on 
the basis of clinical eligibility on or after January 1, 2015, to 
ensure that such removal or reduction was consistent with eligibility 
criteria for the program under section 1720G(a) of title 38, United 
States Code.
    (b) Reinstatement and Reversal of Benefit Reduction.--Not later 
than 180 days after the date of the enactment of this Act, on the basis 
of the reevaluation under subsection (a), the Secretary shall--
            (1) offer reinstatement in the program to any family 
        caregiver who was found to be improperly removed from the 
        program; and
            (2) reverse any reduction in benefits for a family 
        caregiver under the program that was found to be improper.
    (c) Compensation for Caregivers Wrongfully Discharged or 
Downgraded.--Not later than 180 days after the date of the enactment of 
this Act, the Secretary shall--
            (1) compensate any family caregiver who was reinstated into 
        the program under subsection (b)(1) in an amount equal to the 
        amount of the stipends that the family caregiver would have 
        received during the period beginning on the removal of the 
        family caregiver from the program and ending on the 
        reinstatement of the family caregiver in the program under such 
        subsection; and
            (2) compensate any family caregiver whose benefits were 
        restored under subsection (b)(2) in an amount equal to the 
        difference between the amount of the stipends that the family 
        caregiver received during the period beginning on the reduction 
        of such benefits and ending on the reversal of such reduction 
        under such subsection.
    (d) Report.--
            (1) In general.--Not later than 90 days after completing 
        the reevaluations under subsection (a), the Secretary shall 
        submit to Congress a report detailing the results of those 
        reevaluations, including any findings of inconsistencies in the 
        administration of the program across facilities of the 
        Department of Veterans Affairs.
            (2) Plan.--The Secretary shall include in the report under 
        paragraph (1) a plan to ensure that inconsistencies in the 
        administration of the program are corrected.
    (e) Definitions.--In this section:
            (1) Family caregiver.--The term ``family caregiver'' has 
        the meaning given that term in section 1720G(d) of title 38, 
        United States Code.
            (2) Program.--The term ``program'' means the program of 
        comprehensive assistance for family caregivers of eligible 
        veterans under section 1720G(a) of such title.
            (3) Stipend.--The term ``stipend'' means the monthly 
        personal caregiver stipend under section 1720G(a)(3)(A)(ii)(V) 
        of such title.
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