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Code · STATUTE-COMPILATIONS · Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act · Sec. 125

Sec. 125. IMPROVEMENTS TO PROGRAM OF COMPREHENSIVE ASSISTANCE FOR FAMILY CAREGIVERS

848 words·~4 min read·/statute-compilations/comps-18103/sec-125

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## SEC. 125 IMPROVEMENTS TO PROGRAM OF COMPREHENSIVE ASSISTANCE FOR FAMILY CAREGIVERS Section 1720G(a) of title 38, United States Code, as amended by section 124, is further amended— ####
(1)in paragraph (12)— #####
(A)in subparagraph (A), by inserting “, which shall include all criteria used to determine eligibility for such assistance and, in the case of a completed evaluation, how 138 STAT. 2732 such criteria were used to evaluate information provided in assessments to determine such eligibility” before the period at the end; and #####
(B)in subparagraph (C)(i), by striking “ who submits ” and all that follows through the end of the clause and inserting the following: > “who— > > > ###### “(I) > > submits an application for the program established under paragraph (1); or > > > ###### “(II) > > is being reassessed for eligibility to continue in such program.” > ; and ####
(2)by adding at the end the following new paragraph: > > #### “(15) > > > #####
(A)> > Not less frequently than annually, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a comprehensive report on the program required by paragraph
(1)that includes, with respect to the one-year period preceding the date of the submission of such report, the following: > > > ###### “(i) > > The number of applications received for such program. > > > ###### “(ii) > > The number, disaggregated by race, sex, and era and branch of service in the Armed Forces of the applicant, of— > > > ###### “(I) > > approvals of such applications; and > > > ###### “(II) > > denials of such applications. > > > ###### “(iii) > > The number of reassessments conducted for such program. > > > ###### “(iv) > > An identification of each decision made with respect to a reassessment conducted for such program, disaggregated by decisions resulting in— > > > ###### “(I) > > disenrollment, including removal, discharge, or voluntary withdrawal; > > > ###### “(II) > > tier reduction; and > > > ###### “(III) > > tier continuation. > > > ###### “(v) > > The number of appeals of decisions made with respect to such program, disaggregated by type of appeal. > > > ###### “(vi) > > With respect to each appeal described in clause (v), the decision rendered, if any. > > > ###### “(vii) > > A description of all tools used in assessments conducted for such program, including an explanation of how and by whom such tools are administered. > > > ###### “(viii) > > A description of procedures used under such program for reviewing and integrating clinical records from health care providers that includes an explanation of how such records are used in determinations of eligibility for such program. > > > ###### “(ix) > > A description of procedures available under such program for health care providers to communicate medical opinions to the teams conducting assessments to determine eligibility for such program, including health care providers in the private sector and health care providers specified in subsection
(c)of section 1703 of this title. > > > ###### “(x) > > A description of information technology systems and processes used under such program to upload and integrate all clinical records from all non-Department providers, including providers in the private sector and providers under the Veterans Community Care Program established under such section. > > > ##### “(B) > > The Secretary shall ensure that all data included in a report under subparagraph (A)— > > > ###### “(i) > > relating to a decision made under the program required by paragraph (1), are disaggregated by the specific reason for the decision; > > > ###### “(ii) > > relating to a veteran, include comprehensive demographic information of the veteran, including the time period of the injuries, if any, of the veteran and the Veterans Integrated Service Network in which the veteran is located; and > > > ###### “(iii) > > with respect to eligibility determinations relating to a serious injury of a veteran, specify— > > > ###### “(I) > > how many such determinations relate to the ability of the veteran to perform activities of daily living; and > > > ###### “(II) > > how many such determinations relate to the need of a veteran for supervision and protection. > > > ##### “(C) > > The Secretary shall provide the data under paragraph
(B)pursuant to Federal laws and in a manner that is wholly consistent with applicable Federal privacy and confidentiality laws, including the Privacy Act (5 U.S.C. 552a), the Health Insurance Portability and Accountability Act (Public Law 104-191; 42 U.S.C. 201 note) and regulations (title 45, Code of Federal Regulations, parts 160 and 164, or successor regulations), and sections 5701, 5705, and7332 of this title to ensure that the provided data, or some portion of the data, will not undermine the anonymity of a veteran.” > .
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  • Pub. L. 104-191
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Sec. 125
IMPROVEMENTS TO PROGRAM OF COMPREHENSIVE ASSISTANCE FOR FAMILY CAREGIVERS
Pub. L.Pub. L. 104-191
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