TEAM Veteran Caregivers Act

Bill: 116-s-2216
Sponsor: full_name: Sen. Peters, Gary C. [D-MI]
Introduced: 2019-07-23
Policy area: Armed Forces and National Security
Subjects: Family services

Health care coverage and access

Health information and medical records

Military personnel and dependents

Veterans' medical care
Latest action: action_date: 2020-12-31
text: Became Public Law No: 116-278.

Summaries:
action_date: 2019-07-23
action_desc: Introduced in Senate
text: <p><b>Transparency and Effective Accountability Measures for Veteran Caregivers Act or the TEAM Veteran Caregivers Act</b></p> <p>The bill revises the administration of Department of Veterans Affairs (VA) caregiver programs. Specifically, the bill requires the VA to formally recognize caregivers of veterans by identifying any caregiver in the health record of the veteran. Such caregivers covered by the bill include those participating in the Program of Comprehensive Assistance for Family Caregivers and those participating in the Program of General Caregiver Support Services.</p> <p>The bill requires the VA to notify veterans and their caregivers regarding any clinical determinations made relating to claims under, or eligibility for, the specified caregiver programs. The notifications must be standardized and contain specified details regarding the decisions.</p> <p>The bill also requires the VA to temporarily extend benefits under the Program of Comprehensive Assistance for Family Caregivers for at least 90 days after the receipt of notice that a veteran is no longer clinically eligible for the program. Such an extension shall not apply to the termination of caregiver benefits (1) for cause, (2) because the veteran died, or (3) upon request of the caregiver or veteran. </p>

action_date: 2020-09-15
action_desc: Reported to Senate
text: <p><b>Transparency and Effective Accountability Measures for Veteran Caregivers Act or the TEAM Veteran Caregivers Act</b></p> <p>The bill revises the administration of Department of Veterans Affairs (VA) caregiver programs. Specifically, the bill requires the VA to formally recognize caregivers of veterans by identifying any caregiver in the electronic health record of the veteran. Such caregivers covered by the bill include those approved as a provider of personal care services under the Program of Comprehensive Assistance for Family Caregivers and those participating in the Program of General Caregiver Support Services.</p> <p>The bill requires the VA to use standardized letters to notify veterans, their caregivers, and applicants for the program regarding decisions affecting the furnishing of assistance under the Program of Comprehensive Assistance for Family Caregivers.</p> <p>The bill also authorizes the VA to temporarily extend benefits under the Program of Comprehensive Assistance for Family Caregivers, including the monthly personal caregiver stipend, after determining that a veteran is no longer clinically eligible for the program.</p>

action_date: 2020-11-17
action_desc: Passed Senate
text: <p><b>Transparency and Effective Accountability Measures for Veteran Caregivers Act or the TEAM Veteran Caregivers Act</b></p> <p>The bill revises the administration of Department of Veterans Affairs (VA) caregiver programs. Specifically, the bill requires the VA to report on the feasibility and advisability of formally recognizing caregivers of veterans by identifying them in the veteran's electronic health record. Such caregivers covered by the bill include those approved as a provider of personal care services under the Program of Comprehensive Assistance for Family Caregivers and those participating in the Program of General Caregiver Support Services. If the VA determines that formally recognizing caregivers is feasible and advisable, it must implement recognition.</p> <p>The bill requires the VA to use standardized letters to notify veterans, their caregivers, and applicants for the program regarding decisions affecting the furnishing of assistance under the Program of Comprehensive Assistance for Family Caregivers. Such notifications must contain specified details regarding the decision.</p> <p>The bill also authorizes the VA to extend benefits for a 90-day period under the Program of Comprehensive Assistance for Family Caregivers, including the monthly personal caregiver stipend, after determining that a veteran is no longer eligible for the program solely because of improvement in their condition. The effective date of discharge from the program shall not be earlier than 60 days after the date on which the VA provides notice of the lack of eligibility.</p>

action_date: 2020-12-31
action_desc: Public Law
text: <p><b>Transparency and Effective Accountability Measures for Veteran Caregivers Act or the TEAM Veteran Caregivers Act</b></p> <p>The bill revises the administration of Department of Veterans Affairs (VA) caregiver programs. Specifically, the bill requires the VA to report on the feasibility and advisability of formally recognizing caregivers of veterans by identifying them in the veteran's electronic health record. Such caregivers covered by the bill include those approved as a provider of personal care services under the Program of Comprehensive Assistance for Family Caregivers and those participating in the Program of General Caregiver Support Services. If the VA determines that formally recognizing caregivers is feasible and advisable, it must implement recognition.</p> <p>The bill requires the VA to use standardized letters to notify veterans, their caregivers, and applicants for the program regarding decisions affecting the furnishing of assistance under the Program of Comprehensive Assistance for Family Caregivers. Such notifications must contain specified details regarding the decision.</p> <p>The bill also authorizes the VA to extend benefits for a 90-day period under the Program of Comprehensive Assistance for Family Caregivers, including the monthly personal caregiver stipend, after determining that a veteran is no longer eligible for the program solely because of improvement in their condition. The effective date of discharge from the program shall not be earlier than 60 days after the date on which the VA provides notice of the lack of eligibility.</p>

tv_txt: II 116th CONGRESS 1st Session S. 2216 IN THE SENATE OF THE UNITED STATES July 23, 2019 Mr. Peters (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs 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.

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 . 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.

tv_txt: II Calendar No. 540 116th CONGRESS 2d Session S. 2216 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.

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 . 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.

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 . 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. .

September 15, 2020 Reported with an amendment and an amendment to the title

tv_txt: 116th CONGRESS 2d Session S. 2216 IN THE SENATE OF THE UNITED STATES AN ACT 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.

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 . 2. Modification of administration of caregiver programs of Department of Veterans Affairs (a) Formal recognition of caregivers (1) Report (A) In general Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report regarding the feasibility and advisability of formally recognizing all caregivers of veterans by identifying any caregiver of a veteran in the electronic health record of the veteran. (B) Caregivers recognized The recognition of caregivers described in subparagraph (A) shall include recognition of — (i) 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 (ii) any caregiver of a covered veteran participating in the program of general caregiver support services under subsection (b) of such section. (C) Timeline If the Secretary determines that formally recognizing all caregivers of veterans as described in subparagraph (A) is feasible and advisable, the report required by such subparagraph shall include a timeline for implementing such recognition. (2) Implementation If the Secretary determines that formally recognizing all caregivers of veterans as described in paragraph (1)(A) is feasible and advisable, the Secretary shall implement such recognition in accordance with the timeline included in the report required by such paragraph. (b) Notifications, extension of benefits, and discharge from family caregiver program Section 1720G(a) of title 38, United States Code, is amended by adding at the end the following new paragraphs: (12) (A) The Secretary shall notify the individuals described in subparagraph (C) 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) A notification provided under subparagraph (A) shall include the elements required for notices of decisions under section 5104(b) of this title to the extent that those elements apply to such notification, unless, not later than 60 days after the date of the enactment of the Transparency and Effective Accountability Measures for Veteran Caregivers Act , the Secretary determines that it would not be feasible to include such elements in such notifications and submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth the reasons for such determination. (C) The individuals described in this subparagraph shall include— (i) an individual who submits an application for the program established under 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). (13) (A) If the Secretary determines that a veteran receiving services under the program established under paragraph (1) is no longer eligible for such program solely because of improvement in the condition of the veteran— (i) the effective date of discharge of the veteran from the program shall be not earlier than the date that is 60 days after the date on which the Secretary provides notice of such lack of eligibility under paragraph (12)(A) to the relevant individuals described in paragraph (12)(C); and (ii) the Secretary shall extend benefits under the program established under paragraph (1) for a family caregiver of the veteran described in paragraph (12)(C)(iii), including stipends under paragraph (3)(A)(ii)(V), if such an extension is determined appropriate by the Secretary, for a 90-day period following discharge of the veteran from the program. (B) This paragraph shall not be construed to limit the authority of the Secretary— (i) to prescribe regulations addressing other bases for— (I) the discharge of a veteran from the program established under paragraph (1); or (II) the revocation of the designation of a family caregiver of a veteran as a primary provider of personal care services under paragraph (7)(A); or (ii) to provide advance notice and extended benefits under the program, as appropriate, if another basis for discharge of a veteran described in subclause (I) of clause (i) or revocation of a designation described in subclause (II) of such clause applies. .

Passed the Senate November 17, 2020. Secretary

tv_txt: One Hundred Sixteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and twenty S. 2216 IN THE SENATE OF THE UNITED STATES AN ACT 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.

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 . 2. Modification of administration of caregiver programs of Department of Veterans Affairs (a) Formal recognition of caregivers (1) Report (A) In general Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report regarding the feasibility and advisability of formally recognizing all caregivers of veterans by identifying any caregiver of a veteran in the electronic health record of the veteran. (B) Caregivers recognized The recognition of caregivers described in subparagraph (A) shall include recognition of — (i) 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 (ii) any caregiver of a covered veteran participating in the program of general caregiver support services under subsection (b) of such section. (C) Timeline If the Secretary determines that formally recognizing all caregivers of veterans as described in subparagraph (A) is feasible and advisable, the report required by such subparagraph shall include a timeline for implementing such recognition. (2) Implementation If the Secretary determines that formally recognizing all caregivers of veterans as described in paragraph (1)(A) is feasible and advisable, the Secretary shall implement such recognition in accordance with the timeline included in the report required by such paragraph. (b) Notifications, extension of benefits, and discharge from family caregiver program Section 1720G(a) of title 38, United States Code, is amended by adding at the end the following new paragraphs: (12) (A) The Secretary shall notify the individuals described in subparagraph (C) 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) A notification provided under subparagraph (A) shall include the elements required for notices of decisions under section 5104(b) of this title to the extent that those elements apply to such notification, unless, not later than 60 days after the date of the enactment of the Transparency and Effective Accountability Measures for Veteran Caregivers Act , the Secretary determines that it would not be feasible to include such elements in such notifications and submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth the reasons for such determination. (C) The individuals described in this subparagraph shall include— (i) an individual who submits an application for the program established under 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). (13) (A) If the Secretary determines that a veteran receiving services under the program established under paragraph (1) is no longer eligible for such program solely because of improvement in the condition of the veteran— (i) the effective date of discharge of the veteran from the program shall be not earlier than the date that is 60 days after the date on which the Secretary provides notice of such lack of eligibility under paragraph (12)(A) to the relevant individuals described in paragraph (12)(C); and (ii) the Secretary shall extend benefits under the program established under paragraph (1) for a family caregiver of the veteran described in paragraph (12)(C)(iii), including stipends under paragraph (3)(A)(ii)(V), if such an extension is determined appropriate by the Secretary, for a 90-day period following discharge of the veteran from the program. (B) This paragraph shall not be construed to limit the authority of the Secretary— (i) to prescribe regulations addressing other bases for— (I) the discharge of a veteran from the program established under paragraph (1); or (II) the revocation of the designation of a family caregiver of a veteran as a primary provider of personal care services under paragraph (7)(A); or (ii) to provide advance notice and extended benefits under the program, as appropriate, if another basis for discharge of a veteran described in subclause (I) of clause (i) or revocation of a designation described in subclause (II) of such clause applies. .

Speaker of the House of Representatives Vice President of the United States and President of the Senate