TEAM Veteran Caregivers Act
PL 116-278 (S.2216), enacted 12/31/2020

[116th Congress Public Law 278]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 3373]]

Public Law 116-278
116th Congress

                                 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. <<NOTE: Dec. 31, 2020 -  [S. 2216]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Transparency and 
Effective Accountability Measures for Veteran Caregivers Act.>> 
SECTION 1. <<NOTE: 38 USC 101 note.>>  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) <<NOTE: 38 USC 1720G note.>>  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

[[Page 134 STAT. 3374]]

        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) <<NOTE: Reports.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 3375]]

            ``(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.''.

    Approved December 31, 2020.

LEGISLATIVE HISTORY--S. 2216:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
            Nov. 17, considered and passed Senate.
            Dec. 16, considered and passed House.

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