Sec. 2. Expansion of eligibility for participation in and services provided under 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 by striking on or after September 11, 2001 . Such subsection is further amended by inserting or illness after serious injury . 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 a semicolon; and by adding at the end the following new subclauses: child care services or a monthly stipend for such services if such services are not readily available from the Department; financial planning services relating to the needs of injured and ill veterans and their caregivers; and legal services, including legal advice and consultation, relating to the needs of injured and ill veterans and their caregivers. . Subsection (a)(3)(B) of such section is amended by striking shall be and all that follows through the period at the end and inserting shall— be medically and age-appropriate; include in-home care; and include peer-oriented group activities. . 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 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 paragraphs: Notwithstanding any other provision of this subsection, a family caregiver of an eligible veteran who is eligible under paragraph

(2)solely because of a serious injury or illness (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 before September 11, 2001, is eligible for assistance under this subsection as follows: Not earlier than October 1, 2018, if the family caregiver would merit a monthly personal caregiver stipend under paragraph (3)(A)(ii)(V) in an amount that is in the highest tier specified in the schedule established by the Secretary under paragraph (3)(C)(i). Not earlier than October 1, 2020, if the family caregiver would merit such a stipend in an amount that is in the middle tier specified in such schedule. Not earlier than October 1, 2022, if the family caregiver would merit such a stipend in an amount that is in the lowest tier specified in such schedule. 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. In carrying out this paragraph, the Secretary shall work with the interagency working group on policies relating to caregivers of veterans and members of the Armed Forces established under section 7 of the Military and Veteran Caregiver Services Improvement Act of 2017 . . Subsection

(b)of such section is amended by adding at the end the following new paragraph: The authority of the Secretary to provide support services for caregivers of covered veterans under this subsection shall terminate on October 1, 2022. . The Secretary of Veterans Affairs shall ensure that any activities carried out under subsection

(b)of such section on September 30, 2022, are continued under subsection

(a)of such section on and after October 1, 2022. Subparagraph

(B)of subsection (d)(3) of such section is amended to read as follows: is not a member of the family of the veteran and does not provide care to the veteran on a professional basis. . 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. . Paragraph

(2)of section 101(c) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 38 U.S.C. 1720G note) is amended to read as follows: Each report required by paragraph

(1)after the date of the enactment of the Military and Veteran Caregiver Services Improvement Act of 2017 shall include the following with respect to the program of comprehensive assistance for family caregivers required by subsection (a)(1) of such section 1720G: The number of family caregivers that received assistance under such program. The cost to the Department of providing assistance under such program. A description of the outcomes achieved by, and any measurable benefits of, carrying out such program. An assessment of the effectiveness and the efficiency of the implementation of such program, including a description of any barriers to accessing and receiving care and services under such program. A description of the outreach activities carried out by the Secretary under such program. An assessment of the manner in which resources are expended by the Secretary under such program, particularly with respect to the provision of monthly personal caregiver stipends under subsection (a)(3)(A)(ii)(V) of such section 1720G. An evaluation of the sufficiency and consistency of the training provided to family caregivers under such program in preparing family caregivers to provide care to veterans under such program. Such recommendations, including recommendations for legislative or administrative action, as the Secretary considers appropriate in light of carrying out such program. .

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Pub. L. 111-163
38 USC 1720G

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Sec. 2

Expansion of eligibility for participation in and services provided under family caregiver program of Department of Veterans Affairs

Pub. L.Pub. L. 111-163

Cite38 USC 1720G

Cites 2Cited by 0 across 0 sources