II 110th CONGRESS 2d Session S. 2921 IN THE SENATE OF THE UNITED STATES April 28, 2008 Mr. Reid (for Mrs. Clinton) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require pilot programs on training and certification for family caregiver personal care attendants for veterans and members of the Armed Forces with traumatic brain injury, to require a pilot program on provision of respite care to such veterans and members, and for other purposes.
1.
Short title
This Act may be cited as the Caring for Wounded Warriors Act of 2008.
2.
Pilot programs on training and certification for family caregiver personal care attendants for veterans and members of the Armed Forces with traumatic brain injury
(a)
Pilot programs authorized
The Secretary of Veterans Affairs shall, in collaboration with the Secretary of Defense, carry out up to three pilot programs to assess the feasibility and advisability of providing training and certification for family caregivers of veterans and members of the Armed Forces with traumatic brain injury as personal care attendants of such veterans and members. (b)
Locations
Each pilot program under this section shall be carried out in a medical facility of the Department of Veterans Affairs. In selecting the locations of the pilot programs, the Secretary shall give special emphasis to the polytrauma centers of the Department of Veterans Affairs designated as Tier I polytrauma centers. (c)
Training curricula
(1)
In general
The Secretary of Veterans Affairs shall develop curricula for the training of personal care attendants under the pilot programs under this section. Such curricula shall incorporate— (A)applicable standards and protocols utilized by certification programs of national brain injury care specialist organizations; and (B)best practices recognized by caregiving organizations. (2)
Use of existing curricula
In developing the curricula required by paragraph (1), the Secretary of Veterans Affairs shall, to the extent practicable, utilize and expand upon training curricula developed pursuant to section 744(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2308). (d)
Participation in programs
(1)
In general
The Secretary of Veterans Affairs shall determine the eligibility of a family member of a veteran or member of the Armed Forces for participation in the pilot programs under this section. (2)
Basis for determination
A determination made under paragraph (1) shall be based on the needs of the veteran or member of the Armed Forces concerned, as determined by the physician of such veteran or member. (e)
Eligibility for compensation
A family caregiver of a veteran or member of the Armed Forces who receives certification as a personal care attendant under the pilot programs under this section shall be eligible for compensation from the Department of Veterans Affairs for care provided to such veteran or member. (f)
Costs of training
(1)
Training of families of veterans
Any costs of training provided under the pilot programs under this section for family members of veterans shall be borne by the Secretary of Veterans Affairs. (2)
Training of families of members of the Armed Forces
The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for any costs of training provided under the pilot programs for family members of members of the Armed Forces. Amounts for such reimbursement shall be derived from amounts available for Defense Health Program for the TRICARE program. (g)
Assessment of family caregiver needs
(1)
In general
The Secretary of Veterans Affairs may provide to a family caregiver who receives training under a pilot program under this section— (A)an assessment of their needs with respect to their role as a family caregiver; and (B)a referral to services and support that— (i)are relevant to any needs identified in such assessment; and (ii)are provided in the community where the family caregiver resides, including such services and support provided by community-based organizations, publicly-funded programs, and the Department of Veterans Affairs. (2)
Use of existing tools
In developing and administering an assessment under paragraph (1), the Secretary shall, to the extent practicable, use and expand upon caregiver assessment tools already developed and in use by the Department. (h)
Construction
Nothing in this section shall be construed to require or permit the Secretary of Veterans Affairs to deny— (1)reimbursement for health care services provided to a veteran with a brain injury to a personal care attendant who is not a family member of such veteran; or (2)access to other services and benefits otherwise available to veterans with a brain injury.
3.
Pilot program on provision of respite care to members of the Armed Forces and veterans with traumatic brain injury by students in graduate programs of education related to mental health or rehabilitation
(a)
Pilot program authorized
The Secretary of Veterans Affairs shall, in collaboration with the Secretary of Defense, carry out a pilot program to assess the feasibility and advisability of providing respite care to members of the Armed Forces and veterans described in subsection (b) through students enrolled in graduate programs of education described in subsection (c)(1) to provide— (1)relief to the family caregivers of such members and veterans from the responsibilities associated with providing care to such members and veterans; and (2)socialization and cognitive skill development to such members and veterans. (b)
Covered members and veterans
The members of the Armed Forces and veterans described in this subsection are the individuals as follows: (1)Members of the Armed Forces who have been diagnosed with traumatic brain injury, including limitations of ambulatory mobility, cognition, and verbal abilities. (2)Veterans who have been so diagnosed. (c)
Program locations
(1)
In general
The pilot program shall be carried out at not more than 10 locations selected by the Secretary of Veterans Affairs for purposes of the pilot program. Each location so selected shall be a medical facility of the Department of Veterans Affairs that is in close proximity to, or that has a relationship, affiliation, or established partnership with, an institution of higher education that has a graduate program in an appropriate mental health or rehabilitation related field, such as social work, nursing, psychology, occupational therapy, physical therapy, or interdisciplinary training programs. (2)
Considerations
In selecting medical facilities of the Department for the pilot program, the Secretary shall give special consideration to the following: (A)The polytrauma centers of the Department designated as Tier I polytrauma centers. (B)Facilities of the Department in regions with a high concentration of veterans with traumatic brain injury. (d)
Scope of assistance
(1)
Use of graduate students
In carrying out the pilot program, the Secretary shall— (A)recruit students enrolled in a graduate program of education selected by the Secretary under subsection (c)(1) to provide respite care to the members of the Armed Forces and veterans described in subsection (b); (B)train such students to provide respite care to such members and veterans; and (C)match such students with such members and veterans in the student's local area for the provision of individualized respite care to such members and veterans. (2)
Reports
Each student participating in the pilot program shall submit to the physician of the member of the Armed Forces or the veteran to whom such graduate is providing respite care under the pilot program a report setting forth the status of the member or veteran under such care in such manner and in such frequency as the Secretary may require. (3)
Coursework credit
A student that participates in the pilot program and meets the requirements for successful participation established under paragraph (4) and the requirements of paragraph (2), may receive an appropriate amount of coursework credit for such participation as determined by the head of the student's graduate program of education chosen to participate in the pilot program under subsection (c)(1) in consultation with the Secretary. (4)
Determinations in conjunction with heads of graduate programs of education
The Secretary shall determine, in collaboration with the head of the graduate program of education chosen to participate in the pilot program under subsection (c)(1), the following: (A)The amount of training that a student shall complete before providing respite care under the pilot program. (B)The number of hours of respite care to be provided by the students who participate in the pilot program. (C)The requirements for successful participation by a student in the pilot program. (e)
Training standards and best practices
In providing training under subsection (d)(1)(B), the Secretary shall use— (1)applicable standards and protocols used by certification programs of national brain injury care specialist organizations in the provision of respite care training; and (2)best practices recognized by caregiving organizations.
4.
Definitions
In this Act: (1)
Family caregiver
With respect to member of the Armed Forces or a veteran with traumatic brain injury, the term family caregiver means a relative, partner, or friend of such member or veteran who is providing care to such member or veteran for such traumatic brain injury. (2)
Respite care
The term respite care means the temporary provision of care to an individual to provide relief to the regular caregiver of the individual from the ongoing responsibility of providing care to such individual.