[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 104 Introduced in House (IH)]

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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 caregiver 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 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 PROGRAM OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) Official Designation of Caregivers.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        formally recognize all caregivers of veterans by identifying 
        any caregiver of a veteran in the health record of the veteran.
            (2) Inclusion.--Caregivers recognized under paragraph (1) 
        shall include--
                    (A) family caregivers participating in the program 
                of comprehensive assistance for family caregivers under 
                subsection (a) of section 1720G of title 38, United 
                States Code; and
                    (B) caregivers participating in the program of 
                support services for caregivers under subsection (b) of 
                such section.
    (b) Notification Letters Regarding Clinical Determinations.--
            (1) In general.--The Secretary, using a standardized 
        letter, shall notify veterans and caregivers of veterans 
        regarding any clinical determinations made relating to claims, 
        tier reduction, or termination of assistance under, or 
        eligibility for, a caregiver program under subsection (a) or 
        (b) of section 1720G of title 38, United States Code.
            (2) Elements.--Notifications under paragraph (1) shall 
        include the elements required for notices of decisions under 
        section 5104(b) of title 38, United States Code, to the extent 
        that those elements apply to determinations under paragraph 
        (1).
    (c) Temporary Extension of Benefits for Family Caregiver Program.--
            (1) In general.--Upon determining that a veteran who was 
        receiving services under the program of comprehensive 
        assistance for family caregivers under section 1720G(a) of 
        title 38, United States Code, is no longer clinically eligible 
        for purposes of such program, the Secretary shall extend 
        benefits under such program, including stipends under paragraph 
        (3)(A)(ii)(V) of such section, for not less than 90 days after 
        the date of notification under subsection (b) that the veteran 
        is no longer clinically eligible.
            (2) Exclusion.--Paragraph (1) shall not apply to the 
        termination of caregiver benefits--
                    (A) if the Secretary determines that the family 
                caregiver committed fraud or abused or neglected the 
                veteran;
                    (B) if the family caregiver was designated under 
                section 1720G(a)(7) of title 38, United States Code, as 
                the primary provider of personal care services for the 
                veteran and another primary provider is designated 
                within 90 days after the date of termination, in which 
                case benefits for the terminated primary provider will 
                terminate the day before the date on which the new 
                primary provider is designated;
                    (C) if another individual is designated to be a 
                family caregiver within 90 days after the date of 
                termination, such that there are three family 
                caregivers assigned to the veteran, in which case 
                benefits for the terminated family caregiver will 
                terminate the day before the date on which the new 
                family caregiver is designated;
                    (D) the terminated individual had been living with 
                the veteran and moves out, or the terminated individual 
                abandons or terminates his or her relationship with the 
                veteran; or
                    (E) upon request of the family caregiver or the 
                veteran.
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