Sec. 231. Expansion of family caregiver program of Department of Veterans Affairs
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Subsection (a)(2)(B) of section 1720G of title 38, United States Code, is amended to read as follows: for assistance provided under this subsection— before the date on which the Secretary submits to Congress a certification that the Department has fully implemented the information technology system required by section 232(a) of the Jason Simcakoski Memorial Act , has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, or air service on or after September 11, 2001; during the two-year period beginning on the date specified in clause (i), has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, or air service— on or before May 7, 1975; or on or after September 11, 2001; or after the date that is two years after the date specified in clause (i), has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, or air service; and .
Not later than 30 days after the date on which the Secretary of Veterans Affairs submits to Congress the certification described in subsection (a)(2)(B)(i) of section 1720G of such title, as amended by subparagraph
(A)of this paragraph, the Secretary shall publish the date specified in such subsection in the Federal Register. Subsection (a)(2)(C) of such section is amended— in clause (ii), by striking ; or and inserting a semicolon; by redesignating clause
(iii)as clause (iv); and by inserting after clause
(ii)the following new clause (iii): a need for regular or extensive instruction or supervision without which the ability of the veteran to function in daily life would be seriously impaired; or . Subsection (a)(3)(A)(ii) of such section is amended— in subclause (IV), by striking ; and and inserting a semicolon; in subclause (V), by striking the period at the end and inserting ; and ; and by adding at the end the following new subclause: through the use of contracts with, or the provision of grants to, public or private entities— financial planning services relating to the needs of injured veterans and their caregivers; and legal services, including legal advice and consultation, relating to the needs of injured veterans and their caregivers. . Subsection (a)(3)(C) of such section is amended— by redesignating clause
(iii)as clause (iv); and by inserting after clause
(ii)the following new clause (iii): In determining the amount and degree of personal care services provided under clause
(i)with respect to an eligible veteran whose need for personal care services is based in whole or in part on a need for supervision or protection under paragraph (2)(C)(ii) or regular or extensive instruction or supervision under paragraph (2)(C)(iii), the Secretary shall take into account the following: The assessment by the family caregiver of the needs and limitations of the veteran. The extent to which the veteran can function safely and independently in the absence of such supervision, protection, or instruction. The amount of time required for the family caregiver to provide such supervision, protection, or instruction to the veteran. . Subsection (a)(3) of such section is amended by adding at the end the following new subparagraph: In providing instruction, preparation, and training under subparagraph (A)(i)(I) and technical support under subparagraph (A)(i)(II) to each family caregiver who is approved as a provider of personal care services for an eligible veteran under paragraph (6), the Secretary shall periodically evaluate the needs of the eligible veteran and the skills of the family caregiver of such veteran to determine if additional instruction, preparation, training, or technical support under those subparagraphs is necessary. . Subsection (a)(5) of such section is amended, in the matter preceding subparagraph (A), by inserting (in collaboration with the primary care team for the eligible veteran to the maximum extent practicable) after evaluate . Subsection
(a)of such section is amended by adding at the end the following new paragraph: In providing assistance under this subsection to family caregivers of eligible veterans, the Secretary may enter into contracts, provider agreements, and memoranda of understanding with Federal agencies, States, and private, nonprofit, and other entities to provide such assistance to such family caregivers. The Secretary may provide assistance under this paragraph only if such assistance is reasonably accessible to the family caregiver and is substantially equivalent or better in quality to similar services provided by the Department. The Secretary may provide fair compensation to Federal agencies, States, and other entities that provide assistance under this paragraph. . Subsection (d)(4) of such section is amended— in subparagraph (A), by striking independent ; by redesignating subparagraph
(B)as subparagraph (D); and by inserting after subparagraph
(A)the following new subparagraphs: Supervision or protection based on symptoms or residuals of neurological or other impairment or injury. Regular or extensive instruction or supervision without which the ability of the veteran to function in daily life would be seriously impaired. .