Transparency for Wounded Warriors Act

I 116TH CONGRESS 2D SESSION H. R. 8813 To amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide to a member of the uniformed services who is denied a traumatic injury protection claim under Servicemembers’ Group Life Insurance certain information related to that denial. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 24, 2020 Mr. KILDEE (for himself and Mr. BERGMAN) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to require the Sec- retary of Veterans Affairs to provide to a member of the uniformed services who is denied a traumatic injury protection claim under Servicemembers’ Group Life In- surance certain information related to that denial. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Transparency for 4 Wounded Warriors Act’’. 5 VerDate Sep 11 2014 04:21 Dec 02, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8813.IH H8813 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8813 IH SEC. 2. DENIAL OF CLAIMS FOR TRAUMATIC INJURY PRO- 1 TECTION UNDER SERVICEMEMBERS’ GROUP 2 LIFE INSURANCE. 3 Section 1980A of title 38, United States Code, is 4 amended by adding at the end the following new sub- 5 section: 6 ‘‘(l)(1) If a claim for benefits under this section is 7 denied, the Secretary concerned shall provide to the mem- 8 ber at the same time as the member is informed of such 9 denial a description of the following: 10 ‘‘(A) Each reason for that denial, including a 11 description of all the information upon which the de- 12 nial is based and a description of the applicable 13 laws, regulations, or policies, with appropriate cita- 14 tions, and an explanation of how such laws, regula- 15 tions, or policies affected the denial. 16 ‘‘(B) Each finding that is favorable to the mem- 17 ber. 18 ‘‘(2) Any finding favorable to the member as de- 19 scribed in paragraph (1)(B) shall be binding on all subse- 20 quent reviews or appeals of the denial of the claim, unless 21 clear and convincing evidence is shown to the contrary to 22 rebut such favorable finding.’’. 23 Æ VerDate Sep 11 2014 04:21 Dec 02, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H8813.IH H8813 kjohnson on DSK79L0C42PROD with BILLS