Sec. 14017. CODIFICATION OF DUE PROCESS FOR DETERMINATIONS BY SECRETARY OF VETERANS AFFAIRS OF MENTAL CAPACITY OF BENEFICIARIES

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## SEC. 14017 CODIFICATION OF DUE PROCESS FOR DETERMINATIONS BY SECRETARY OF VETERANS AFFAIRS OF MENTAL CAPACITY OF BENEFICIARIES **[**[38 U.S.C. 5501A](/us/usc/t38/s5501A)**]** ###

(a)In general Chapter 55 of title 38, United States Code, is amended by inserting after section 5501 the following new section: > > ## “SEC. 5501A Beneficiaries’ rights in mental competence determinations > > “The Secretary may not make an adverse determination concerning the mental capacity of a beneficiary to manage monetary benefits paid to or for the beneficiary by the Secretary under this title unless such beneficiary has been provided all of the following, subject to the procedures and timelines prescribed by the Secretary for determinations of incompetency: > > > #### “(1) > > Notice of the proposed adverse determination and the supporting evidence. > > > #### “(2) > > An opportunity to request a hearing. > > > #### “(3) > > An opportunity to present evidence, including an opinion from a medical professional or other person, on the capacity of the beneficiary to manage monetary benefits paid to or for the beneficiary by the Secretary under this title. > > > #### “(4) > > An opportunity to be represented at no expense to the Government (including by counsel) at any such hearing and to bring a medical professional or other person to provide relevant testimony at any such hearing.” > . ###

(b)Clerical Amendment The table of sections at the beginning of such chapter 55 is amended by inserting after the item relating to section 5501 the following new item:" “5501A. Beneficiaries’ rights in mental competence determinations” ". ###

(c)Effective Date **[**[38 U.S.C. 5501A note](/us/usc/t38/s5501A)**]** Section 5501A of title 38, United States Code, as added by subsection (a), shall apply to determinations made by the Secretary of Veterans Affairs on or after the date of the enactment of this Act.

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38 USC 5501A

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Sec. 14017

CODIFICATION OF DUE PROCESS FOR DETERMINATIONS BY SECRETARY OF VETERANS AFFAIRS OF MENTAL CAPACITY OF BENEFICIARIES

Cite38 USC 5501A

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