    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-278
    116th Congress

    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

    [[Page 3374]]

    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

    [[Page 3375]]

    ``(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.''.

    Approved December 31, 2020.

    LEGISLATIVE HISTORY--S. 2216:
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    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Nov. 17, considered and passed Senate.
    Dec. 16, considered and passed House.