,i #aadth ,,congress #ast ,session ,h4 ,r4 #cihi ,,in ,,the ,,house ,,of ,,representatives ,november #e1 #bjae ,ms4 ,stefanik introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to improve the process for determining the eligibility of caregivers of veterans to certain benefits administered by the ,secretary of ,veterans ,affairs4 #a4 ,short title ,this ,act may be cited as the ,support ,our ,military ,caregivers ,act4 #b4 ,external clinical review of denied applications by caregivers of veterans 7a7 ,in general ,section #agbj;,g of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 and 7#b7 by inserting after subsection 7c7 the following new subsection 7d73 7d7 ,external clinical review of applications 7#a7 ,using amounts otherwise appropriated to carry out this section1 an individual may elect to have an independent contractor described in paragraph 7#b7 perform an external clinical review of any of the following3 7,a7 ,the denial by the ,secretary of an application by an individual to be a caregiver or family caregiver eligible for benefits administered by the ,secretary pursuant to this section4 7,b7 ,with respect to such an application that the ,secretary has granted1 a determination by the ,secretary of the level or amount of personal care services that a veteran requires4 7,c7 ,a request by a caregiver or family caregiver for a reconsideration of the level or amount of personal care services that a veteran requires based on changes to the health or abilities of the veteran occurring since the ,secretary granted such an application4 7,d7 ,the revocation by the ,secretary of benefits administered by the ,secretary pursuant to this section4 7#b7 ,an independent contractor described in this paragraph is an independent contractor that-- 7,a7 is awarded a contract by the ,secretary to carry out this section pursuant to full and open competition under the ,federal ,acquisition ,regulation2 7,b7 has no direct or indirect financial relationship with any non-,department provider of services to caregivers and family caregivers pursuant to this title2 7,c7 has not otherwise conducted an external clinical review of benefits administered by the ,secretary pursuant to this title other than this section2 7,d7 has sufficient training and expertise in medical science and other appropriate health1 educational1 and vocational training and legal matters to perform the reviews described in paragraph 7#a72 and 7,e7 employs a panel of physicians or other appropriate health care professionals who do not provide health care to the individual who makes an election under paragraph 7#a74 7#c7 ,each external clinical review conducted pursuant to paragraph 7#a7 shall-- 7,a7 be based on applicable information included in the application for benefits described in such paragraph1 including clinical expertise1 medical1 technical1 and scientific evidence2 7,b7 include an opportunity for the individual who elects for such review to provide the opinions of the individual and the veteran for whom care is provided2 and 7,c7 include a review of the initial clinical review of such veteran and any other review made by the ,secretary4 7#d7 ,in carrying out the external clinical reviews pursuant to paragraph 7#a71 the independent contractor shall1 as determined appropriate by the ,secretary-- 7,a7 collect and maintain information required2 and 7,b7 share such information with the ,secretary4 7#e7 ,the determination made by the independent contractor pursuant to paragraph 7#a7 shall be final4 7#f7 ,the ,secretary shall ensure that each external clinical review conducted by the independent contractor pursuant to paragraph 7#a7 is completed and the individual is notified in writing of the results of the review by not later than #abj days after the date on which the individual makes the election under such paragraph4 ,such notification shall include an explanation of the decision1 a discussion of the facts and applicable regulations1 and an explanation of the clinical rationale for the decision4 7#g7 ,the ,secretary shall notify individuals who submit an application to be a caregiver or family caregiver eligible for benefits administered by the ,secretary pursuant to this section of the ability of the individual to make an election under paragraph 7#a74 7#h7 ,nothing in this subsection may be construed to affect claims made by veterans for disability compensation under chapter #aa of this title4 4 7b7 ,application 7#a7 ,in general ,except as provided by paragraph 7#b71 the amendments made by subsection 7a7 shall apply with respect to elections under subsection 7d7 of section #agbj;,g of title #ch1 ,united ,states ,code1 as added by subsection 7a77#b71 that are for applications or revocations for benefits by caregivers and family caregivers pursuant to such section for which the ,secretary of ,veterans ,affairs has not made a final decision as of the date of the enactment of this ,act4 7#b7 ,special rule ,a caregiver or family caregiver may make an election for an external clinical review under subsection 7d77#a77;,c7 of section #agbj;,g of title #ch1 ,united ,states ,code1 as added by subsection 7a77#b71 regardless of whether the ,secretary of ,veterans ,affairs made the final decision with respect to the application for benefits by the caregiver or family caregiver before the date of the enactment of this ,act4