[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 110 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 110

   To amend title 38, United States Code, to improve assistance and 
              support services for caregivers of veterans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2021

   Mr. Hudson (for himself and Miss Rice of New York) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to improve assistance and 
              support services for caregivers of veterans.

    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 ``Care for the Veteran Caregiver 
Act''.

SEC. 2. IMPROVEMENTS TO THE PROGRAM OF COMPREHENSIVE ASSISTANCE FOR 
              FAMILY CAREGIVERS.

    (a) Extended Stipend Payments.--Subparagraph (C) of paragraph (3) 
of section 1720G(a) of title 38, United States Code, is amended by 
inserting after clause (iv) the following new clause:
    ``(v) If an eligible veteran dies during the period in which the 
Secretary provides to the family caregiver of such veteran assistance 
under subparagraph (A), the Secretary shall continue to provide to the 
family caregiver medical care under section 1781 of this title and the 
monthly personal caregiver stipend for not less than a six-month period 
following the date of such death. The Secretary may extend such period 
for all, or groups of, family caregivers of eligible veterans specified 
in paragraph (2)(C).''.
    (b) Eligibility for the Program of Comprehensive Assistance for 
Family Caregivers.--
            (1) Standardized evaluation criteria.--Subparagraph (D) of 
        paragraph (3) of such section is amended--
                    (A) by striking ``In providing'' and inserting 
                ``(i) In providing''; and
                    (B) by adding at the end the following new clause:
    ``(ii) In conducting periodic evaluations under clause (i), the 
Secretary shall ensure that the criteria used in conducting such 
evaluations, the methods by which such criteria are assessed, the 
measurements and standards used, and the evaluation process and review 
methods used, are standardized across all facilities of the Department 
and Veteran Integrated Service Networks.''.
            (2) Permanent eligibility.--Subparagraph (C) of such 
        paragraph is amended--
                    (A) by redesignating clause (iv) as clause (v); and
                    (B) by inserting after clause (iii) the following 
                new clause:
            ``(iv) Based upon the criteria specified in clause (iii), 
        the Secretary shall establish a process by which veterans who 
        are determined to have the most significant need for caregiver 
        assistance are permanently eligible under this subsection.''.
    (c) Standardized Application Procedures.--Paragraph (5) of such 
section is amended to read as follows:
    ``(5)(A) For each application submitted jointly by an eligible 
veteran and family member, the Secretary shall evaluate (in 
collaboration with the primary care team for the eligible veteran to 
the maximum extent practicable)--
            ``(i) the eligible veteran--
                    ``(I) to identify the personal care services 
                required by the eligible veteran; and
                    ``(II) to determine whether such requirements could 
                be significantly or substantially satisfied through the 
                provision of personal care services from a family 
                member; and
            ``(ii) the family member to determine the amount of 
        instruction, preparation, and training, if any, the family 
        member requires to provide the personal care services required 
        by the eligible veteran--
                    ``(I) as a provider of personal care services for 
                the eligible veteran; and
                    ``(II) as the primary provider of personal care 
                services for the eligible veteran.
    ``(B) In establishing and evaluating the applications under 
subparagraph (A), the Secretary shall ensure that the criteria used in 
accepting and evaluating such applications, the methods by which such 
applications are evaluated, the measurements and standards used, and 
the evaluation process and review methods used, are standardized across 
all facilities of the Department and Veteran Integrated Service 
Networks.''.
    (d) Conforming Amendments.--Such section is further amended--
            (1) in paragraph (6), by striking ``under paragraph 
        (5)(B)'' and inserting ``under paragraph (5)(A)(ii)''; and
            (2) in paragraph (7)(B), by striking ``under paragraph 
        (5)(A)(i)'' and inserting ``under paragraph (5)(A)(i)(I)''.
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