VA Caregiver Transparency Act
This bill modifies the Department of Veterans Affairs (VA) Program of Comprehensive Assistance for Family Caregivers and Program of General Caregiver Support Services, including by requiring any assistance or support decisions to be subject to the VA's clinical appeals process.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4625 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4625
To amend title 38, United States Code, to clarify and improve the
program of comprehensive assistance for family caregivers of the
Department of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2021
Mr. Bergman (for himself and Mr. Bost) introduced the following bill;
which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to clarify and improve the
program of comprehensive assistance for family caregivers of the
Department of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VA Caregiver Transparency Act''.
SEC. 2. CLARIFICATION AND IMPROVEMENT OF PROGRAM OF COMPREHENSIVE
ASSISTANCE FOR FAMILY CAREGIVERS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Clarification Related to Appeals.--
(1) Clarification.--Subsection (c)(1) of section 1720G of
title 38, United States Code, is amended to read as follows:
``(1) The review of any decision under this section shall be
subject to the clinical appeals process of the Department, and such
decisions may not be appealed to the Board of Veterans' Appeals.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply with respect to reviews occurring on or after the
date of the enactment of this Act, regardless of the date of a
decision under section 1720G of title 38, United States Code,
or the date on which an appeal regarding such a decision is
submitted to the Department of Veterans Affairs.
(b) Accelerated Implementation of Program.--Such section is further
amended in subsection (a)(2)(B)--
(1) in clause (ii)--
(A) by striking ``2-year''; and
(B) by inserting ``and ending on a date determined
by the Secretary that is not later than two years after
the date on which the Secretary submitted such
certification'' after ``clause (i)''; and
(2) in clause (iii), by striking ``that is 2 years after
the date on which the Secretary submits to Congress the
certification described in clause (i)'' and inserting
``determined by the Secretary pursuant to clause (ii)''.
(c) Quarterly Report on Participation in Program.--
(1) Reports.--Not later than 90 days after the date of the
enactment of this Act, and quarterly thereafter, the Secretary
of Veterans Affairs shall submit to the Committees on Veterans'
Affairs of the House of Representatives and the Senate a report
on participation in the program established under section
1720G(a) of title 38, United States Code. Each report shall
include the following:
(A) The total number of applications submitted to
the Secretary for participation in the program.
(B) The total number of approvals and denials made
with respect to such applications.
(C) The total number of appeals submitted following
denials made with respect to such applications.
(D) The respective timelines for approvals,
denials, and appeals made with respect to such
applications.
(E) The total number of removals and reassessments
made with respect to participation in the program.
(F) The respective timelines for removals and
reassessments made with respect to participation in the
program.
(2) Disaggregation of data.--The information included in
the reports under paragraph (1) shall be disaggregated by--
(A) the disposition of the application or appeal,
as applicable;
(B) the reason for the disposition (including
whether the disposition was based on a determination
that participation was not in the best interest of an
eligible veteran); and
(C) Centralized Eligibility and Appeals Team or,
with respect to dispositions that were not determined,
or applications that were not assessed, by a
Centralized Eligibility and Appeals Team, facility of
the Department.
(3) Patient privacy.--In carrying out this subsection, the
Secretary shall ensure measures are in place to protect patient
privacy, including to protect against disclosures of protected
health information not authorized under regulations promulgated
under section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191; 42 U.S.C.
1320d-2 note).
(d) Report on Improvements to Clinical Appeals Process.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary (in consultation with veterans service organizations,
veterans, caregivers of veterans, and other stakeholders as determined
relevant by the Secretary) shall submit to the Committees on Veterans'
Affairs of the House of Representatives and the Senate a report
containing recommendations for administrative and legislative actions
to improve the clinical appeals process of the Department of Veterans
Affairs with respect to timeliness, transparency, objectivity,
consistency, and fairness.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Health.
Subcommittee on Health Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
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