What This Bill Does
This bill changes the rules for burial allowances (money to help pay for a veteran's funeral) for veterans who die at home. It adds a new option so veterans who die at home while receiving hospice care (end-of-life medical care) from the Department of Veterans Affairs can qualify for this burial allowance. The bill is named the "Gerald's Law Act."
Who It Affects
Veterans who die at home while receiving hospice care furnished by the Department of Veterans Affairs and their families who may receive burial allowances.
Key Provisions
• The bill adds homes and other settings where a veteran was receiving hospice care as a qualifying place of death for burial allowance eligibility (Sec. 2(a)(3)).
• This new option only applies if the hospice care was directly preceded by the Secretary of Veterans Affairs providing the veteran with hospital care or nursing home care (Sec. 2(a)(3)).
What Changes
Currently, burial allowances may not cover veterans who die at home receiving hospice care. After this bill becomes law, families of these veterans can receive burial allowances if the veteran had received hospital care or nursing home care from the Department of Veterans Affairs right before starting hospice care at home.
Important Definitions
None defined.
Effective Date
The changes take effect as if they were included in the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Sec. 2(b)).
I
118TH CONGRESS
1ST SESSION
H. R. 234
To amend title 38, United States Code, to provide a burial allowance for
certain veterans who die at home while in receipt of hospice care fur-
nished by the Department of Veterans Affairs.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 10, 2023
Mr. BERGMAN (for himself, Mr. ALLRED, Mrs. MILLER-MEEKS, Mr. ELLZEY,
Ms. HOULAHAN, Mr. BAIRD, Mr. BACON, and Mr. MAST) introduced the
following bill; which was referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to provide a burial
allowance for certain veterans who die at home while
in receipt of hospice care furnished by the Department
of Veterans Affairs.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Gerald’s Law Act’’.
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•HR 234 IH
SEC. 2. BURIAL ALLOWANCE FOR CERTAIN VETERANS WHO
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DIE AT HOME WHILE IN RECEIPT OF HOS-
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PICE CARE FURNISHED BY DEPARTMENT OF
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VETERANS AFFAIRS.
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(a) IN GENERAL.—Subsection (a)(2)(A) of section
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2303 of title 38, United States Code, as amended by sec-
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tion 2202 of the Johnny Isakson and David P. Roe, M.D.
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Veterans Health Care and Benefits Improvement Act of
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2020 (Public Law 116–315; 134 Stat. 4984), is further
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amended—
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(1) in clause (i), by striking ‘‘; or’’ and insert-
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ing a semicolon;
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(2) in clause (ii)—
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(A) in subclause (II), by striking ‘‘; or’’
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and inserting a semicolon; and
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(B) in subclause (III), by striking the pe-
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riod at the end and inserting ‘‘; or’’; and
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(3) by adding at the end the following new
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clause:
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‘‘(iii) a home or other setting at which the
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deceased veteran was, at the time of death, re-
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ceiving hospice care pursuant to section
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1717(a) of this title if such care was directly
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preceded by the Secretary furnishing to the vet-
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eran hospital care or nursing home care as de-
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•HR 234 IH
scribed in subclauses (I), (II), or (III) of clause
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(ii).’’.
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(b) EFFECTIVE DATE.—The amendments made by
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subsection (a) shall take effect as if included in the enact-
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ment of the Johnny Isakson and David P. Roe, M.D. Vet-
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erans Health Care and Benefits Improvement Act of 2020
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(Public Law 116–315).
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Æ
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