Sec. 161. EXPANSION OF FAMILY CAREGIVER PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS

1,112 words·~5 min read·/statute-compilations/comps-15905/sec-161

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 161 EXPANSION OF FAMILY CAREGIVER PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS ###

(a)Family Caregiver Program ####

(1)Expansion of eligibility #####

(A)In general Subparagraph

(B)of subsection (a)(2) of section 1720G is amended to read as follows: > > ##### “(B) > > for assistance provided under this subsection— > > > ###### “(i) > > 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 162(a) of the Caring for Our Veterans Act of 2018, 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; > > > ###### “(ii) > > during the 2-year period beginning on the date on which the Secretary submitted to Congress the certification described 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— > > > ###### “(I) > > on or before May 7, 1975; or > > > ###### “(II) > > on or after September 11, 2001; or > > > ###### “(iii) > > after the date that is 2 years after the date on which the Secretary submits to Congress the certification described 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” > . #####

(B)Publication in federal register **[**[38 U.S.C. 1720G note](/us/usc/t38/s1720G)**]** 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. ####

(2)Expansion of needed services in eligibility criteria Subsection (a)(2)(C) of such section is amended— #####

(A)in clause (ii), by striking “; or” and inserting a semicolon; #####

(B)by redesignating clause

(iii)as clause (iv); and #####

(C)by inserting after clause

(ii)the following new clause (iii): > > ### “(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” > . ####

(3)Expansion of services provided Subsection (a)(3)(A)(ii) of such section is amended— #####

(A)in subclause (IV), by striking “; and” and inserting a semicolon; #####

(B)in subclause (V), by striking the period at the end and inserting “; and”; and #####

(C)by adding at the end the following new subclause: > > ###### “(VI) > > through the use of contracts with, or the provision of grants to, public or private entities— > > > ###### “(aa) > > financial planning services relating to the needs of injured veterans and their caregivers; and > > > ###### “(bb) > > legal services, including legal advice and consultation, relating to the needs of injured veterans and their caregivers.” > . ####

(4)Modification of stipend calculation Subsection (a)(3)(C) of such section is amended— #####

(A)by redesignating clause

(iii)as clause (iv); and #####

(B)by inserting after clause

(ii)the following new clause (iii): > > ###### “(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: > > > ###### “(I) > > The assessment by the family caregiver of the needs and limitations of the veteran. > > > ###### “(II) > > The extent to which the veteran can function safely and independently in the absence of such supervision, protection, or instruction. > > > ###### “(III) > > The amount of time required for the family caregiver to provide such supervision, protection, or instruction to the veteran.” > . ####

(5)Periodic evaluation of need for certain services Subsection (a)(3) of such section is amended by adding at the end the following new subparagraph: > > ##### “(D) > > 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.” > . ####

(6)Use of primary care teams 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”. ####

(7)Assistance for family caregivers Subsection

(a)of such section is amended by adding at the end the following new paragraph: > > #### “(11) > > > #####

(A)> > 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. > > > ##### “(B) > > 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. > > > ##### “(C) > > The Secretary may provide fair compensation to Federal agencies, States, and other entities that provide assistance under this paragraph.” > . ###

(b)Modification of Definition of Personal Care Services Subsection (d)(4) of such section is amended— ####

(1)in subparagraph (A), by striking “independent”; ####

(2)by redesignating subparagraph

(B)as subparagraph (D); and ####

(3)by inserting after subparagraph

(A)the following new subparagraphs: > > ##### “(B) > > Supervision or protection based on symptoms or residuals of neurological or other impairment or injury. > > > ##### “(C) > > Regular or extensive instruction or supervision without which the ability of the veteran to function in daily life would be seriously impaired.” > .

Connections1 off-index

1 reference not yet in our index

38 USC 1720G

Citation graph

cites case law

Sec. 161

EXPANSION OF FAMILY CAREGIVER PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS

Cite38 USC 1720G

Cites 1Cited by 0 across 0 sources