TEAM Veteran Caregivers Act

I 116TH CONGRESS 2D SESSION H. R. 6571 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 care- giver program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 21, 2020 Mr. BIGGS (for himself, Ms. GABBARD, Mr. BANKS, Mrs. RADEWAGEN, Mr. STANTON, Mr. GAETZ, Mrs. LEE of Nevada, Mrs. LESKO, Mr. GRIJALVA, Mr. MCKINLEY, Mr. GOSAR, and Mr. LAMBORN) introduced the following bill; which was 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:06 Apr 24, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.IH H6571 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6571 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Transparency and Ef- 2 fective Accountability Measures for Veteran Caregivers 3 Act’’ or the ‘‘TEAM Veteran Caregivers Act’’. 4 SEC. 2. MODIFICATION OF ADMINISTRATION OF CARE- 5 GIVER PROGRAM OF DEPARTMENT OF VET- 6 ERANS AFFAIRS. 7 (a) OFFICIAL DESIGNATION OF CAREGIVERS.— 8 (1) IN GENERAL.—The Secretary of Veterans 9 Affairs shall formally recognize all caregivers of vet- 10 erans by identifying any caregiver of a veteran in 11 the health record of the veteran. 12 (2) INCLUSION.—Caregivers recognized under 13 paragraph (1) shall include— 14 (A) family caregivers participating in the 15 program of comprehensive assistance for family 16 caregivers under subsection (a) of section 17 1720G of title 38, United States Code; and 18 (B) caregivers participating in the program 19 of support services for caregivers under sub- 20 section (b) of such section. 21 (b) NOTIFICATION LETTERS REGARDING CLINICAL 22 DETERMINATIONS.— 23 (1) IN GENERAL.—The Secretary, using a 24 standardized letter, shall notify veterans and care- 25 givers of veterans regarding any clinical determina- 26 VerDate Sep 11 2014 21:06 Apr 24, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.IH H6571 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6571 IH tions made relating to claims, tier reduction, or ter- 1 mination of assistance under, or eligibility for, a 2 caregiver program under subsection (a) or (b) of sec- 3 tion 1720G of title 38, United States Code. 4 (2) ELEMENTS.—Notifications under paragraph 5 (1) shall include the elements required for notices of 6 decisions under section 5104(b) of title 38, United 7 States Code, to the extent that those elements apply 8 to determinations under paragraph (1). 9 (c) TEMPORARY EXTENSION OF BENEFITS FOR FAM- 10 ILY CAREGIVER PROGRAM.— 11 (1) IN GENERAL.—Upon determining that a 12 veteran who was receiving services under the pro- 13 gram of comprehensive assistance for family care- 14 givers under section 1720G(a) of title 38, United 15 States Code, is no longer clinically eligible for pur- 16 poses of such program, the Secretary shall extend 17 benefits under such program, including stipends 18 under paragraph (3)(A)(ii)(V) of such section, for 19 not less than 90 days after the date of notification 20 under subsection (b) that the veteran is no longer 21 clinically eligible. 22 (2) EXCLUSION.—Paragraph (1) shall not apply 23 to the termination of caregiver benefits— 24 VerDate Sep 11 2014 21:06 Apr 24, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.IH H6571 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6571 IH (A) if the Secretary determines that the 1 family caregiver committed fraud or abused or 2 neglected the veteran; 3 (B) if the family caregiver was designated 4 under section 1720G(a)(7) of title 38, United 5 States Code, as the primary provider of per- 6 sonal care services for the veteran and another 7 primary provider is designated within 90 days 8 after the date of termination, in which case 9 benefits for the terminated primary provider 10 will terminate the day before the date on which 11 the new primary provider is designated; 12 (C) if another individual is designated to 13 be a family caregiver within 90 days after the 14 date of termination, such that there are three 15 family caregivers assigned to the veteran, in 16 which case benefits for the terminated family 17 caregiver will terminate the day before the date 18 on which the new family caregiver is des- 19 ignated; 20 (D) the terminated individual had been liv- 21 ing with the veteran and moves out, or the ter- 22 minated individual abandons or terminates his 23 or her relationship with the veteran; or 24 VerDate Sep 11 2014 21:06 Apr 24, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.IH H6571 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6571 IH (E) upon request of the family caregiver or 1 the veteran. 2 Æ VerDate Sep 11 2014 21:06 Apr 24, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H6571.IH H6571 pamtmann on DSKBC07HB2PROD with BILLS