Federal

TEAM Veteran Caregivers Act

Source: Congress.gov · 838 words in original text

What This Bill Does

This bill requires the Secretary of Veterans Affairs to formally recognize and track caregivers of veterans in their health records. The bill also requires the VA to send standardized letters notifying veterans and caregivers about eligibility decisions for caregiver programs. If a veteran loses eligibility for family caregiver benefits, the bill temporarily extends those benefits for at least 90 days after notification.

Who It Affects

The Secretary of Veterans Affairs, veterans receiving VA care, family caregivers participating in VA caregiver assistance programs, and caregivers participating in VA support services programs for caregivers.

Key Provisions

• The Secretary must formally recognize all caregivers of veterans by identifying them in the veteran's health record, including family caregivers in the comprehensive assistance program and caregivers in the support services program (Sec. 2(a)) • The Secretary must send standardized letters to veterans and caregivers about clinical determinations regarding eligibility, tier reduction, or termination of caregiver assistance (Sec. 2(b)) • When a veteran loses clinical eligibility for the family caregiver program, benefits including stipends must continue for at least 90 days after the notification letter (Sec. 2(c)) • The 90-day benefit extension does not apply if the caregiver committed fraud, abuse or neglect, if a new primary caregiver is designated within 90 days, if a third family caregiver is designated within 90 days, if the caregiver moved out or abandoned the veteran, or if the caregiver or veteran requests termination (Sec. 2(c)(2))

What Changes

The VA will create a formal system to identify and track all caregivers in veterans' health records. Veterans and caregivers will receive standardized notification letters when eligibility decisions are made. Veterans who lose clinical eligibility for family caregiver benefits will keep receiving those benefits and payments for at least 90 days while they transition.

Important Definitions

None defined in bill text.

I 118TH CONGRESS 1ST SESSION H. R. 104 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 JANUARY 9, 2023 Mr. BIGGS 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Transparency and Ef- 4 fective Accountability Measures for Veteran Caregivers 5 Act’’ or the ‘‘TEAM Veteran Caregivers Act’’. 6 VerDate Sep 11 2014 03:21 Jan 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H104.IH H104 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 104 IH SEC. 2. MODIFICATION OF ADMINISTRATION OF CARE- 1 GIVER PROGRAM OF DEPARTMENT OF VET- 2 ERANS AFFAIRS. 3 (a) OFFICIAL DESIGNATION OF CAREGIVERS.— 4 (1) IN GENERAL.—The Secretary of Veterans 5 Affairs shall formally recognize all caregivers of vet- 6 erans by identifying any caregiver of a veteran in 7 the health record of the veteran. 8 (2) INCLUSION.—Caregivers recognized under 9 paragraph (1) shall include— 10 (A) family caregivers participating in the 11 program of comprehensive assistance for family 12 caregivers under subsection (a) of section 13 1720G of title 38, United States Code; and 14 (B) caregivers participating in the program 15 of support services for caregivers under sub- 16 section (b) of such section. 17 (b) NOTIFICATION LETTERS REGARDING CLINICAL 18 DETERMINATIONS.— 19 (1) IN GENERAL.—The Secretary, using a 20 standardized letter, shall notify veterans and care- 21 givers of veterans regarding any clinical determina- 22 tions made relating to claims, tier reduction, or ter- 23 mination of assistance under, or eligibility for, a 24 caregiver program under subsection (a) or (b) of sec- 25 tion 1720G of title 38, United States Code. 26 VerDate Sep 11 2014 03:21 Jan 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H104.IH H104 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 104 IH (2) ELEMENTS.—Notifications under paragraph 1 (1) shall include the elements required for notices of 2 decisions under section 5104(b) of title 38, United 3 States Code, to the extent that those elements apply 4 to determinations under paragraph (1). 5 (c) TEMPORARY EXTENSION OF BENEFITS FOR FAM- 6 ILY CAREGIVER PROGRAM.— 7 (1) IN GENERAL.—Upon determining that a 8 veteran who was receiving services under the pro- 9 gram of comprehensive assistance for family care- 10 givers under section 1720G(a) of title 38, United 11 States Code, is no longer clinically eligible for pur- 12 poses of such program, the Secretary shall extend 13 benefits under such program, including stipends 14 under paragraph (3)(A)(ii)(V) of such section, for 15 not less than 90 days after the date of notification 16 under subsection (b) that the veteran is no longer 17 clinically eligible. 18 (2) EXCLUSION.—Paragraph (1) shall not apply 19 to the termination of caregiver benefits— 20 (A) if the Secretary determines that the 21 family caregiver committed fraud or abused or 22 neglected the veteran; 23 (B) if the family caregiver was designated 24 under section 1720G(a)(7) of title 38, United 25 VerDate Sep 11 2014 03:21 Jan 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H104.IH H104 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 104 IH States Code, as the primary provider of per- 1 sonal care services for the veteran and another 2 primary provider is designated within 90 days 3 after the date of termination, in which case 4 benefits for the terminated primary provider 5 will terminate the day before the date on which 6 the new primary provider is designated; 7 (C) if another individual is designated to 8 be a family caregiver within 90 days after the 9 date of termination, such that there are three 10 family caregivers assigned to the veteran, in 11 which case benefits for the terminated family 12 caregiver will terminate the day before the date 13 on which the new family caregiver is des- 14 ignated; 15 (D) the terminated individual had been liv- 16 ing with the veteran and moves out, or the ter- 17 minated individual abandons or terminates his 18 or her relationship with the veteran; or 19 (E) upon request of the family caregiver or 20 the veteran. 21 Æ VerDate Sep 11 2014 03:21 Jan 14, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H104.IH H104 pbinns on DSKJLVW7X2PROD with $$_JOB

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