[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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