Title: VA Caregiver Transparency Act
Policy area: Armed Forces and National Security

Summary:
VA Caregiver Transparency Act
This bill modifies the Department of Veterans Affairs (VA) Program of Comprehensive Assistance for Family Caregivers and Program of General Caregiver Support Services, including by requiring any assistance or support decisions to be subject to the VA's clinical appeals process.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4625 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4625

   To amend title 38, United States Code, to clarify and improve the 
   program of comprehensive assistance for family caregivers of the 
        Department of Veterans Affairs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2021

 Mr. Bergman (for himself and Mr. Bost) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to clarify and improve the 
   program of comprehensive assistance for family caregivers of the 
        Department of Veterans Affairs, 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 ``VA Caregiver Transparency Act''.

SEC. 2. CLARIFICATION AND IMPROVEMENT OF PROGRAM OF COMPREHENSIVE 
              ASSISTANCE FOR FAMILY CAREGIVERS OF THE DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) Clarification Related to Appeals.--
            (1) Clarification.--Subsection (c)(1) of section 1720G of 
        title 38, United States Code, is amended to read as follows:
    ``(1) The review of any decision under this section shall be 
subject to the clinical appeals process of the Department, and such 
decisions may not be appealed to the Board of Veterans' Appeals.''.
            (2) Applicability.--The amendment made by paragraph (1) 
        shall apply with respect to reviews occurring on or after the 
        date of the enactment of this Act, regardless of the date of a 
        decision under section 1720G of title 38, United States Code, 
        or the date on which an appeal regarding such a decision is 
        submitted to the Department of Veterans Affairs.
    (b) Accelerated Implementation of Program.--Such section is further 
amended in subsection (a)(2)(B)--
            (1) in clause (ii)--
                    (A) by striking ``2-year''; and
                    (B) by inserting ``and ending on a date determined 
                by the Secretary that is not later than two years after 
                the date on which the Secretary submitted such 
                certification'' after ``clause (i)''; and
            (2) in clause (iii), by striking ``that is 2 years after 
        the date on which the Secretary submits to Congress the 
        certification described in clause (i)'' and inserting 
        ``determined by the Secretary pursuant to clause (ii)''.
    (c) Quarterly Report on Participation in Program.--
            (1) Reports.--Not later than 90 days after the date of the 
        enactment of this Act, and quarterly thereafter, the Secretary 
        of Veterans Affairs shall submit to the Committees on Veterans' 
        Affairs of the House of Representatives and the Senate a report 
        on participation in the program established under section 
        1720G(a) of title 38, United States Code. Each report shall 
        include the following:
                    (A) The total number of applications submitted to 
                the Secretary for participation in the program.
                    (B) The total number of approvals and denials made 
                with respect to such applications.
                    (C) The total number of appeals submitted following 
                denials made with respect to such applications.
                    (D) The respective timelines for approvals, 
                denials, and appeals made with respect to such 
                applications.
                    (E) The total number of removals and reassessments 
                made with respect to participation in the program.
                    (F) The respective timelines for removals and 
                reassessments made with respect to participation in the 
                program.
            (2) Disaggregation of data.--The information included in 
        the reports under paragraph (1) shall be disaggregated by--
                    (A) the disposition of the application or appeal, 
                as applicable;
                    (B) the reason for the disposition (including 
                whether the disposition was based on a determination 
                that participation was not in the best interest of an 
                eligible veteran); and
                    (C) Centralized Eligibility and Appeals Team or, 
                with respect to dispositions that were not determined, 
                or applications that were not assessed, by a 
                Centralized Eligibility and Appeals Team, facility of 
                the Department.
            (3) Patient privacy.--In carrying out this subsection, the 
        Secretary shall ensure measures are in place to protect patient 
        privacy, including to protect against disclosures of protected 
        health information not authorized under regulations promulgated 
        under section 264(c) of the Health Insurance Portability and 
        Accountability Act of 1996 (Public Law 104-191; 42 U.S.C. 
        1320d-2 note).
    (d) Report on Improvements to Clinical Appeals Process.--Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary (in consultation with veterans service organizations, 
veterans, caregivers of veterans, and other stakeholders as determined 
relevant by the Secretary) shall submit to the Committees on Veterans' 
Affairs of the House of Representatives and the Senate a report 
containing recommendations for administrative and legislative actions 
to improve the clinical appeals process of the Department of Veterans 
Affairs with respect to timeliness, transparency, objectivity, 
consistency, and fairness.
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