I
111th CONGRESS
1st Session
H. R. 2342
IN THE HOUSE OF REPRESENTATIVES
May 11, 2009
Mr. Michaud introduced the following bill; which was referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish a family caregiver program to furnish support services to family members certified as family caregivers who provide personal care services for certain disabled veterans, and for other purposes.
Short title
This Act may be cited as the
Wounded Warrior Project Family
Caregiver Act of 2009
.
Family caregiver program
Program
Section 1717 of title 38, United States Code, is amended—
by redesignating subsections (b) and (c), as (c) and (d), respectively; and
by inserting after subsection (a) the following new subsection (b):
As part of home health services provided for under this section, the Secretary, upon the joint request of a veteran described in subparagraph (C) and a family member of such veteran (or other individual designated by the veteran), shall furnish to an individual described in subparagraph (B), advanced instruction and training and certification as a family caregiver.
An individual described in this subparagraph is a family member of a veteran described in subparagraph (C) (or other individual designated by such a veteran) who elects (in accordance with the agreement of the veteran) to provide personal care services to the veteran.
A veteran described in this paragraph is a veteran who—
incurred serious wounds (including traumatic brain injury and psychological trauma or other mental disorder) on active duty during, or in training for, Operation Enduring Freedom or Operation Iraqi Freedom; and
is determined by the Secretary to need personal care services because of—
an inability to perform one or more activities of daily living;
a need for supervision or protection based on symptoms or residuals of neurological or other impairment or injury; or
such other criteria as the Secretary shall establish.
In the case of a veteran who lacks the capacity to make decisions necessary under this subsection, the Secretary shall establish procedures for a surrogate for the veteran to act on behalf of the veteran for purposes of this subsection.
The Secretary shall furnish to a family caregiver, under criteria established by the Secretary, appropriate support services including—
direct technical support, information, and assistance to timely address routine, emergency, and specialized caregiving needs;
counseling and mental health services;
establishment and maintenance of a comprehensive interactive caregiver website addressing all aspects of the program;
respite care of not less than 30 days annually;
medical care under section 1781 of this title; and
a monthly family caregiver allowance.
In providing respite care referred to in paragraph (3)(A)(iv), the Secretary shall provide such care through—
facilities of the Department that are appropriate to the needs of the veteran;
contracts under section 1720B of this title; or
in the case of a veteran for whom, in the judgment of the individual certified as the veteran’s family caregiver, the needs of the veteran cannot be accommodated through care provided under subparagraph (A) or (B), through other facilities or arrangements selected in consultation with the veteran’s family caregiver.
In providing for a monthly family caregiver allowance to a family caregiver under paragraph (3)(A)(vi), the Secretary shall establish a schedule of allowances under which the Secretary shall seek to ensure, to the extent practicable, that the amount of the monthly allowance is not less than—
the amount that the Secretary determines the Secretary would have paid to a commercial home health care agency to provide necessary personal care services for such veteran, if the veteran did not have a family caregiver to provide such services; or
if the Secretary does not have enough information to make the determination under subparagraph (A), the amount of the cost of such care at a location other than a commercial home health care agency, selected by the Secretary for such purpose, where such care is available, adjusted to reflect the pertinent local cost-of-living.
.
Provision of health care to personal care assistants
Section 1781(a) of such title is amended—
by redesignating paragraphs (2) and (3) as (3) and (4), respectively; and
by inserting after paragraph (1) the following new paragraph:
a family caregiver;
.
Definitions
Section 1701 of title 38, United States Code, is amended by adding at the end the following new paragraphs:
The term family caregiver means an individual who—
is a member of the family (including parents, spouses, children, siblings, stepfamily members, and extended family members) of a disabled veteran;
provides personal care services to such veteran for such disability; and
is certified as a family caregiver—
pursuant to the family caregiver instruction, training, and certification furnished by the Secretary under section 1717(b) of this title; or
pursuant to such other qualifications as the Secretary may approve.
The term personal care services means noninstitutional extended care, including homemaker and home health aid services.
.
Deadline for implementation
Not later than 9 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement subsection (b) of section 1717 of title 38, United States Code, as added by subsection (a), and paragraph (2) of section 1781(a), as added by subsection (b).
Reports
Report on implementation
Not later than 6 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report containing the following:
The Secretary’s plan to carry out subsection (d).
A description of the consultations carried out by the Secretary with organizations representing wounded veterans and their families regarding such plan.
A description of any recommendation provided by any such organization that the Secretary did not adopt and the reasons the Secretary did not adopt such recommendation.
Evaluation
Not later than 2 years after the date on which the Secretary of Veterans Affairs implements the provisions of law referred to in subsection (d), the Secretary shall submit to Congress a comprehensive report containing the Secretary's evaluation of such provisions of law. Such report shall include—
data on the number of veterans who receive assistance under subsection (b) of section 1717 of title 38, United States Code, as added by subsection (a), resources expended to carry out such subsection (b), outcomes achieved, and measurable benefits; and
legislative and other recommendations of the Secretary to improve the implementation of such subsection.