[Congressional Record Volume 166, Number 195 (Tuesday, November 17, 2020)]
[Senate]
[Page S7041]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2688. Mr. PORTMAN (for Mr. Peters) proposed an amendment to the
bill S. 2216, 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; as follows:
Strike all after the enacting clause and insert the
following:
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.''.
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