Veteran Caregiver Application and Appeals Reform Act of 2023 or the CARE Act of 2023
This bill modifies the administration of the Program of Comprehensive Assistance for Family Caregivers under the Department of Veterans Affairs (VA).
First, the bill provides that relevant medical specialists must be part of the application review process for veterans and their family members applying to participate in the program.
Under current law, the VA must provide notifications regarding decisions affecting the furnishing of assistance to individuals who submit applications for the program and their family caregivers. The bill requires that the VA provide such notifications to individuals who are being reassessed for eligibility to continue in the program. Additionally, the bill requires that such notifications include all criteria used to determine eligibility for assistance and how the criteria were used to evaluate information provided in assessments to determine eligibility.
The bill also requires the VA to report annually on the program.
Finally, the bill requires the VA to establish a process through which it may recognize organizations and individuals to assist veterans, their family members, or caregivers, in navigating the programs and services of the Veterans Health Administration. The VA must solicit feedback and recommendations from relevant organizations in the creation of such a process. In order to be recognized under the established process, individuals and organizations must certify that no fee or compensation will be charged to individuals for the provision of assistance.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1792 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1792
To amend title 38, United States Code, to modify the program of
comprehensive assistance for family caregivers of veterans, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 1, 2023
Mr. Tester (for himself, Mr. Braun, Mr. Cornyn, Ms. Baldwin, Ms. Rosen,
Mr. Peters, and Mr. Hoeven) introduced the following bill; which was
read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to modify the program of
comprehensive assistance for family caregivers of veterans, 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 ``Veteran Caregiver Application and
Appeals Reform Act of 2023'' or the ``CARE Act of 2023''.
SEC. 2. MODIFICATION OF PROGRAM OF COMPREHENSIVE ASSISTANCE FOR FAMILY
CAREGIVERS OF VETERANS.
(a) In General.--Subsection (a) of section 1720G of title 38,
United States Code, is amended--
(1) in paragraph (5), in the matter preceding subparagraph
(A), by inserting ``and relevant medical specialists'' after
``primary care team'';
(2) 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 those 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 inserting ``or who
is being reassessed for eligibility to continue in such
program'' after ``paragraph (1)''; and
(3) by adding at the end the following new paragraph:
``(14)(A) Not less frequently than annually, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a
comprehensive report on the program required by paragraph (1) that
includes the following:
``(i) The number of applications received for such program
during the one-year period preceding the report.
``(ii) The number of approvals of such applications during
such period, disaggregated by race, gender, era of service, and
branch of service.
``(iii) The number of denials of such applications during
such period, disaggregated by race, gender, era of service, and
branch of service.
``(iv) The number of reassessments conducted for such
program during such period.
``(v) An identification of each decision made with respect
to a reassessment conducted for such program during such
period, disaggregated by decisions resulting in--
``(I) disenrollment, including removal, discharge,
or voluntary withdrawal;
``(II) tier reduction; and
``(III) continuation at current tier.
``(vi) The number of appeals of decisions made with respect
to such program during such period, disaggregated by type of
appeal.
``(vii) With respect to each appeal identified under clause
(vi), the decision rendered, if any.
``(viii) A description of all tools used in assessments
conducted for such program, including an explanation of how and
by whom those tools are administered.
``(ix) A description of procedures used under such program
for reviewing and integrating clinical records from health care
providers and an explanation of how those records are used in
eligibility determinations for such program.
``(x) A description of procedures available under such
program for health care providers, including providers in the
private sector and providers under the Veterans Community Care
Program under section 1703 of this title, to communicate
medical opinions to the assessment teams determining
eligibility for such program.
``(xi) 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.
``(B) Each report required by subparagraph (A) shall--
``(i) ensure that all data included in the report--
``(I) relating to a decision made under the program
required by paragraph (1), are disaggregated by the
specific reason for the decision; and
``(II) with respect 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
``(ii) with respect to eligibility determinations made
during the period covered by the report 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.''.
(b) Rule of Construction.--Subsection (c) of such section is
amended--
(1) by striking ``(1) A decision'' and all that follows
through ``(2) Nothing in this section'' and inserting ``Nothing
in this section''; and
(2) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
SEC. 3. RECOGNITION OF ORGANIZATIONS AND INDIVIDUALS TO ASSIST
VETERANS, FAMILY MEMBERS, AND CAREGIVERS NAVIGATING
PROGRAMS AND SERVICES OF VETERANS HEALTH ADMINISTRATION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
establish a process through which the Department of Veterans Affairs
may recognize organizations and individuals to assist a veteran, a
family member of a veteran, or a caregiver of a veteran (as defined in
section 1720G(d) of title 38, United States Code) in navigating the
programs and services of the Veterans Health Administration.
(b) Solicitation of Feedback.--The Secretary shall solicit feedback
and recommendations in the creation of the process under subsection (a)
from such organizations as the Secretary may consider relevant.
(c) Limitation.--The Secretary may not recognize an organization or
individual pursuant to the process established under subsection (a)
unless the organization or individual has certified to the Secretary
that no fee or compensation of any nature will be charged to any
individual for services rendered in providing assistance pursuant to
such subsection.
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
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