[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2216 Engrossed in Senate (ES)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
116th CONGRESS
  2d Session
                                S. 2216

_______________________________________________________________________

                                 AN ACT


 
  To require the Secretary of Veterans Affairs to formally recognize 
  caregivers of veterans, notify veterans and caregivers of clinical 
    determinations relating to eligibility for the family caregiver 
     program, 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency and Effective 
Accountability Measures for Veteran Caregivers Act'' or the ``TEAM 
Veteran Caregivers Act''.

SEC. 2. MODIFICATION OF ADMINISTRATION OF CAREGIVER PROGRAMS OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) Formal Recognition of Caregivers.--
            (1) Report.--
                    (A) In general.--Not later than 60 days after the 
                date of the enactment of this Act, the Secretary shall 
                submit to the Committee on Veterans' Affairs of the 
                Senate and the Committee on Veterans' Affairs of the 
                House of Representatives a report regarding the 
                feasibility and advisability of formally recognizing 
                all caregivers of veterans by identifying any caregiver 
                of a veteran in the electronic health record of the 
                veteran.
                    (B) Caregivers recognized.--The recognition of 
                caregivers described in subparagraph (A) shall include 
                recognition of --
                            (i) any family caregiver who is approved as 
                        a provider of personal care services for an 
                        eligible veteran under the program of 
                        comprehensive assistance for family caregivers 
                        under subsection (a) of section 1720G of title 
                        38, United States Code; and
                            (ii) any caregiver of a covered veteran 
                        participating in the program of general 
                        caregiver support services under subsection (b) 
                        of such section.
                    (C) Timeline.--If the Secretary determines that 
                formally recognizing all caregivers of veterans as 
                described in subparagraph (A) is feasible and 
                advisable, the report required by such subparagraph 
                shall include a timeline for implementing such 
                recognition.
            (2) Implementation.--If the Secretary determines that 
        formally recognizing all caregivers of veterans as described in 
        paragraph (1)(A) is feasible and advisable, the Secretary shall 
        implement such recognition in accordance with the timeline 
        included in the report required by such paragraph.
    (b) Notifications, Extension of Benefits, and Discharge From Family 
Caregiver Program.--Section 1720G(a) of title 38, United States Code, 
is amended by adding at the end the following new paragraphs:
    ``(12)(A) The Secretary shall notify the individuals described in 
subparagraph (C) regarding decisions affecting the furnishing of 
assistance under this subsection using standardized letters, as the 
Secretary determines such notifications and letters to be appropriate.
    ``(B) A notification provided under subparagraph (A) shall include 
the elements required for notices of decisions under section 5104(b) of 
this title to the extent that those elements apply to such 
notification, unless, not later than 60 days after the date of the 
enactment of the Transparency and Effective Accountability Measures for 
Veteran Caregivers Act, the Secretary determines that it would not be 
feasible to include such elements in such notifications and submits to 
the Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a report setting 
forth the reasons for such determination.
    ``(C) The individuals described in this subparagraph shall 
include--
            ``(i) an individual who submits an application for the 
        program established under paragraph (1);
            ``(ii) an individual determined by the Secretary to be an 
        eligible veteran pursuant to such an application; and
            ``(iii) a family caregiver of an eligible veteran who is--
                    ``(I) approved as a provider of personal care 
                services under paragraph (6)(B); or
                    ``(II) designated as a primary provider of personal 
                care services under paragraph (7)(A).
    ``(13)(A) If the Secretary determines that a veteran receiving 
services under the program established under paragraph (1) is no longer 
eligible for such program solely because of improvement in the 
condition of the veteran--
            ``(i) the effective date of discharge of the veteran from 
        the program shall be not earlier than the date that is 60 days 
        after the date on which the Secretary provides notice of such 
        lack of eligibility under paragraph (12)(A) to the relevant 
        individuals described in paragraph (12)(C); and
            ``(ii) the Secretary shall extend benefits under the 
        program established under paragraph (1) for a family caregiver 
        of the veteran described in paragraph (12)(C)(iii), including 
        stipends under paragraph (3)(A)(ii)(V), if such an extension is 
        determined appropriate by the Secretary, for a 90-day period 
        following discharge of the veteran from the program.
    ``(B) This paragraph shall not be construed to limit the authority 
of the Secretary--
            ``(i) to prescribe regulations addressing other bases for--
                    ``(I) the discharge of a veteran from the program 
                established under paragraph (1); or
                    ``(II) the revocation of the designation of a 
                family caregiver of a veteran as a primary provider of 
                personal care services under paragraph (7)(A); or
            ``(ii) to provide advance notice and extended benefits 
        under the program, as appropriate, if another basis for 
        discharge of a veteran described in subclause (I) of clause (i) 
        or revocation of a designation described in subclause (II) of 
        such clause applies.''.

            Passed the Senate November 17, 2020.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                                S. 2216

_______________________________________________________________________

                                 AN ACT

  To require the Secretary of Veterans Affairs to formally recognize 
  caregivers of veterans, notify veterans and caregivers of clinical 
    determinations relating to eligibility for the family caregiver 
     program, and temporarily extend benefits for veterans who are 
 determined ineligible for the family caregiver program, and for other 
                               purposes.