[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1792 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1792

    To amend title 38, United States Code, to modify the program of 
  comprehensive assistance for family caregivers of veterans, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 1, 2023

Mr. Tester (for himself, Mr. Braun, Mr. Cornyn, Ms. Baldwin, Ms. Rosen, 
 Mr. Peters, and Mr. Hoeven) introduced the following bill; which was 
     read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend title 38, United States Code, to modify the program of 
  comprehensive assistance for family caregivers of veterans, 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 ``Veteran Caregiver Application and 
Appeals Reform Act of 2023'' or the ``CARE Act of 2023''.

SEC. 2. MODIFICATION OF PROGRAM OF COMPREHENSIVE ASSISTANCE FOR FAMILY 
              CAREGIVERS OF VETERANS.

    (a) In General.--Subsection (a) of section 1720G of title 38, 
United States Code, is amended--
            (1) in paragraph (5), in the matter preceding subparagraph 
        (A), by inserting ``and relevant medical specialists'' after 
        ``primary care team'';
            (2) in paragraph (12)--
                    (A) in subparagraph (A), by inserting ``, which 
                shall include all criteria used to determine 
                eligibility for such assistance and, in the case of a 
                completed evaluation, how those criteria were used to 
                evaluate information provided in assessments to 
                determine such eligibility'' before the period at the 
                end; and
                    (B) in subparagraph (C)(i), by inserting ``or who 
                is being reassessed for eligibility to continue in such 
                program'' after ``paragraph (1)''; and
            (3) by adding at the end the following new paragraph:
    ``(14)(A) Not less frequently than annually, 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 
comprehensive report on the program required by paragraph (1) that 
includes the following:
            ``(i) The number of applications received for such program 
        during the one-year period preceding the report.
            ``(ii) The number of approvals of such applications during 
        such period, disaggregated by race, gender, era of service, and 
        branch of service.
            ``(iii) The number of denials of such applications during 
        such period, disaggregated by race, gender, era of service, and 
        branch of service.
            ``(iv) The number of reassessments conducted for such 
        program during such period.
            ``(v) An identification of each decision made with respect 
        to a reassessment conducted for such program during such 
        period, disaggregated by decisions resulting in--
                    ``(I) disenrollment, including removal, discharge, 
                or voluntary withdrawal;
                    ``(II) tier reduction; and
                    ``(III) continuation at current tier.
            ``(vi) The number of appeals of decisions made with respect 
        to such program during such period, disaggregated by type of 
        appeal.
            ``(vii) With respect to each appeal identified under clause 
        (vi), the decision rendered, if any.
            ``(viii) A description of all tools used in assessments 
        conducted for such program, including an explanation of how and 
        by whom those tools are administered.
            ``(ix) A description of procedures used under such program 
        for reviewing and integrating clinical records from health care 
        providers and an explanation of how those records are used in 
        eligibility determinations for such program.
            ``(x) A description of procedures available under such 
        program for health care providers, including providers in the 
        private sector and providers under the Veterans Community Care 
        Program under section 1703 of this title, to communicate 
        medical opinions to the assessment teams determining 
        eligibility for such program.
            ``(xi) A description of information technology systems and 
        processes used under such program to upload and integrate all 
        clinical records from all non-Department providers, including 
        providers in the private sector and providers under the 
        Veterans Community Care Program.
    ``(B) Each report required by subparagraph (A) shall--
            ``(i) ensure that all data included in the report--
                    ``(I) relating to a decision made under the program 
                required by paragraph (1), are disaggregated by the 
                specific reason for the decision; and
                    ``(II) with respect to a veteran, include 
                comprehensive demographic information of the veteran, 
                including the time period of the injuries, if any, of 
                the veteran and the Veterans Integrated Service Network 
                in which the veteran is located; and
            ``(ii) with respect to eligibility determinations made 
        during the period covered by the report relating to a serious 
        injury of a veteran, specify--
                    ``(I) how many such determinations relate to the 
                ability of the veteran to perform activities of daily 
                living; and
                    ``(II) how many such determinations relate to the 
                need of a veteran for supervision and protection.''.
    (b) Rule of Construction.--Subsection (c) of such section is 
amended--
            (1) by striking ``(1) A decision'' and all that follows 
        through ``(2) Nothing in this section'' and inserting ``Nothing 
        in this section''; and
            (2) by redesignating subparagraphs (A) and (B) as 
        paragraphs (1) and (2), respectively.

SEC. 3. RECOGNITION OF ORGANIZATIONS AND INDIVIDUALS TO ASSIST 
              VETERANS, FAMILY MEMBERS, AND CAREGIVERS NAVIGATING 
              PROGRAMS AND SERVICES OF VETERANS HEALTH ADMINISTRATION.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall 
establish a process through which the Department of Veterans Affairs 
may recognize organizations and individuals to assist a veteran, a 
family member of a veteran, or a caregiver of a veteran (as defined in 
section 1720G(d) of title 38, United States Code) in navigating the 
programs and services of the Veterans Health Administration.
    (b) Solicitation of Feedback.--The Secretary shall solicit feedback 
and recommendations in the creation of the process under subsection (a) 
from such organizations as the Secretary may consider relevant.
    (c) Limitation.--The Secretary may not recognize an organization or 
individual pursuant to the process established under subsection (a) 
unless the organization or individual has certified to the Secretary 
that no fee or compensation of any nature will be charged to any 
individual for services rendered in providing assistance pursuant to 
such subsection.
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