,,ii #aahth ,,congress #ast ,session ,s4 #baf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #a1 #bjbc,mr4 ,moran introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to modify the family caregiver program of the ,department of ,veterans ,affairs to include services related to mental health and neurological disorders1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reinforcing ,enhanced ,support through ,promoting ,equity for ,caregivers ,act of #bjbc or the ,,respect ,act of #bjbc4 #b4 ,modification of family caregiver program of ,department of ,veterans ,affairs to include services related to mental health and neurological disorders 7a7 ,in general ,section #agbj;,g of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,c77ii71 by striking neurological and inserting a neurological disorder2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a77ii77,,ii71 by inserting 1 including through public or private entities before the semicolon2 and 7ii7 in subparagraph 7,c71 by adding at the end the following new clause3 7v7 7,i7 ,for purposes of determining the amount and degree of personal care services provided under clause 7i7 with respect to a veteran described in subclause 7,,ii71 the ,secretary shall take into account relevant documentation evidencing the provision of personal care services with respect to the veteran during the preceding three-year period4 7,,ii7 ,a veteran described in this subclause is a veteran whose need for personal care services as described in paragraph 7#b77;,c7 is based in whole or in part on-- 7aa7 a diagnosis of mental illness or history of suicidal ideation that puts the veteran at risk of self-harm2 or 7bb7 a neurological disorder4 2 and 7,c7 by adding at the end the following new paragraph3 7#ad7 ,the ,secretary shall establish a process and requirements for clinicians of facilities of the ,department-- 7,a7 to document incidents in which an eligible veteran participating in the program established under paragraph 7#a7-- 7i7 presents at such a facility for treatment for an emergent or urgent mental health crisis2 or 7ii7 is assessed by such a clinician to be at risk for suicide2 and 7,b7 to provide such documentation1 including any safety plans developed and referrals made to a suicide prevention coordinator of the ,department1 to such program4 2 7#b7 in subsection 7b77#b77;,b71 by striking neurological and inserting a neurological disorder2 7#c7 in subsection 7d7-- 7,a7 by redesignating paragraph 7#d7 as paragraph 7#e72 7,b7 by inserting after paragraph 7#c7 the following new paragraph 7#d73 7#d7 the term neurological disorder means a disease of the brain1 spinal cord1 nerves1 or neuromuscular system4 2 and 7,c7 in paragraph 7#e77;,b71 as redesignated by subparagraph 7,a71 by striking neurological and inserting a neurological disorder4 7b7 ,timing for establishment of requirements and processes 7#a7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall-- 7,a7 establish the process and requirements required under paragraph 7#ad7 of section #agbj;,g7a7 of title #ch1 ,united ,states ,code1 as added by subsection 7a77#a77;,b72 and 7,b7 submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a description of such process and requirements4 7#b7 ,certification 7,a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall require all clinicians of facilities of the ,department to certify to the ,secretary that the clinician understands the process and requirements established under paragraph 7#a77;,a74 7,b7 ,facilities of the ,department defined ,in this paragraph1 the term facilities of the ,department has the meaning given that term in section #agja of title #ch1 ,united ,states ,code4 #c4 ,requirements relating to evaluations1 assessments1 and reassessments relating to eligibility of veterans and caregivers for family caregiver program 7a7 ,in general ,subsection 7a7 of section #agbj;,g of title #ch1 ,united ,states ,code1 as amended by section #b7;a77#a71 is further amended by adding at the end the following new paragraphs3 7#ae7 7,a7 ,for purposes of conducting evaluations and assessments to determine eligibility of a veteran and caregiver for the program established under paragraph 7#a7 or conducting reassessments to determine continued eligibility for such program1 the ,secretary shall-- 7i7 take into account relevant documentation and medical records generated by ,department and non-,department health care providers1 including qualified mental health professionals and neurological specialists2 7ii7 if the caregiver of the veteran claims that the serious injury or need for personal care services of the veteran as described in paragraph 7#b7 is based in whole or in part on psychological trauma or another mental disorder1 ensure-- 7,i7 a qualified mental health professional that treats the veteran participates in the evaluation process2 and 7,,ii7 a qualified mental health professional participates in the assessment or reassessment process2 and 7iii7 if the caregiver of the veteran claims that the serious injury or need for personal care services of the veteran as described in paragraph 7#b7 is based in whole or in part on a neurological disorder1 ensure-- 7,i7 a neurological specialist that treats the veteran participates in the evaluation process2 and 7,,ii7 a neurological specialist participates in the assessment or reassessment process4 7,b7 7i7 ,the ,secretary shall establish an appropriate time limit during a #bd-;hour period for the active participation of a veteran in an evaluation1 assessment1 or reassessment to determine eligibility of the veteran for the program established under paragraph 7#a74 7ii7 ,in determining an appropriate time limit for a veteran under clause 7i71 the ,secretary shall-- 7,i7 take into consideration necessary accommodations for the veteran stemming from the disability or medical condition of the veteran2 and 7,,ii7 consult with the primary care provider1 neurological specialist1 or qualified mental health professional that is treating the veteran4 7,c7 ,the ,secretary shall not require the presence of a veteran during portions of an evaluation1 assessment1 or reassessment to determine eligibility of the veteran for the program established under paragraph 7#a7 that only require the active participation of the caregiver4 7,d7 7i7 ,the ,secretary shall make reasonable efforts to assist a caregiver and veteran in obtaining evidence necessary to substantiate the claims of the caregiver and veteran in the application process for evaluation1 assessment1 or reassessment for the program established under paragraph 7#a74 7ii7 7,i7 ,as part of the assistance provided to a caregiver or veteran under clause 7i71 the ,secretary shall make reasonable efforts to obtain relevant private records that the caregiver or veteran adequately identifies to the ,secretary4 7,,ii7 ,whenever the ,secretary1 after making reasonable efforts under subclause 7,i71 is unable to obtain all of the relevant records sought1 the ,secretary shall notify the caregiver and veteran that the ,secretary is unable to obtain records with respect to the claim1 which shall include-- 7aa7 an identification of the records the ,secretary is unable to obtain2 7bb7 a brief explanation of the efforts that the ,secretary made to obtain such records2 and 7cc7 an explanation that the ,secretary will make a determination based on the evidence of record and that this clause does not prohibit the submission of records at a later date if such submission is otherwise allowed4 7,,iii7 ,the ,secretary shall make not fewer than two requests to a custodian of a private record in order for an effort to obtain such record to be treated as reasonable under subclause 7,i71 unless it is made evident by the first request that a second request would be futile in obtaining such record4 7iii7 ,under regulations prescribed by the ,secretary1 the ,secretary-- 7,i7 shall encourage a caregiver and veteran to submit relevant private medical records of the veteran to the ,secretary to substantiate the claims of the caregiver and veteran in the application process for evaluation1 assessment1 or reassessment for the program established under paragraph 7#a7 if such submission does not burden the caregiver or veteran2 and 7,,ii7 may require the caregiver or veteran to authorize the ,secretary to obtain such relevant private medical records if such authorization is required to comply with ,federal1 ,state1 or local law4 7#af7 7,a7 ,the ,secretary1 in consultation with a health care provider1 neurological specialist1 or qualified mental health professional that is treating a veteran1 shall waive the reassessment requirement for the veteran for participation in the program established under paragraph 7#a7 if-- 7i7 the serious injury of the veteran under paragraph 7#b7 is significantly caused by a degenerative or chronic condition2 and 7ii7 such condition is unlikely to improve the dependency of the veteran for personal care services4 7,b7 ,the ,secretary shall require a health care provider1 neurological specialist1 or qualified mental health professional that is treating a veteran to certify at appropriate intervals determined by the ,secretary the clinical decision of the provider1 specialist1 or professional under subparagraph 7,a74 7,c7 ,the ,secretary may rescind a waiver under subparagraph 7,a7 with respect to a veteran and require a reassessment of the veteran if a health care provider1 neurological specialist1 or qualified mental health professional that is treating the veteran makes a clinical determination that the level of dependency of the veteran for personal care services has diminished since the last certification of the clinical decision of the provider1 specialist1 or professional under subparagraph 7,b74 4 7b7 ,definitions ,subsection 7d7 of such section1 as amended by section #b7;a77#b71 is further amended-- 7#a7 by redesignating paragraph 7#e7 as paragraph 7#f72 7#b7 by inserting after paragraph 7#d7 the following new paragraph 7#e73 7#e7 ,the term neurological specialist means a neurologist1 neuropsychiatrist1 physiatrist1 geriatrician1 certified brain injury specialist1 neurology nurse1 neurology nurse practitioner1 neurology physician assistant1 or such other licensed medical professional as the ,secretary considers appropriate4 2 and 7#c7 by adding at the end the following new paragraph3 7#g7 ,the term qualified mental health professional means a psychiatrist1 psychologist1 licensed clinical social worker1 psychiatric nurse1 licensed professional mental health counselor1 or other licensed mental health professional as the ,secretary considers appropriate4 4 #d4 ,authority for ,secretary of ,veterans ,affairs to award grants to entities to improve provision of mental health support to family caregivers of veterans 7a7 ,in general ,subchapter ,,ii of chapter #ag of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #agbj,k4 ,grants to provide mental health support to family caregivers of veterans 7a7 ,purpose ,it is the purpose of this section to provide for assistance by the ,secretary to entities to carry out programs that improve the provision of mental health support to the family caregivers of veterans participating in the family caregiver program4 7b7 ,authority ,the ,secretary may award grants to carry out1 coordinate1 improve1 or otherwise enhance mental health counseling1 treatment1 or support to the family caregivers of veterans participating in the family caregiver program4 7c7 ,application 7#a7 ,to be eligible for a grant under this section1 an entity shall submit to the ,secretary an application therefor at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,each application submitted under paragraph 7#a7 shall include the following3 7,a7 ,a detailed plan for the use of the grant4 7,b7 ,a description of the programs or efforts through which the entity will meet the outcome measures developed by the ,secretary under subsection 7g74 7,c7 ,a description of how the entity will distribute grant amounts equitably among areas with varying levels of urbanization4 7,d7 ,a plan for how the grant will be used to meet the unique needs of veterans residing in rural areas1 ,american ,indian or ,alaska ,native veterans1 elderly veterans1 women veterans1 and veterans from other underserved communities4 7d7 ,distribution ,the ,secretary shall seek to ensure that grants awarded under this section are equitably distributed among entities located in ,states with varying levels of urbanization4 7e7 ,priority ,the ,secretary shall prioritize awarding grants under this section that will serve the following areas3 7#a7 ,areas with high rates of veterans enrolled in the family caregiver program4 7#b7 ,areas with high rates of-- 7,a7 suicide among veterans2 or 7,b7 referrals to the ,veterans ,crisis ,line4 7f7 ,required activities ,any grant awarded under this section shall be used-- 7#a7 to expand existing programs1 activities1 and services2 7#b7 to establish new or additional programs1 activities1 and services2 or 7#c7 for travel and transportation to facilitate carrying out paragraph 7#a7 or 7#b74 7g7 ,outcome measures 7#a7 ,the ,secretary shall develop and provide to each entity that receives a grant under this section written guidance on the following3 7,a7 ,outcome measures4 7,b7 ,policies of the ,department4 7#b7 ,in developing outcome measures under paragraph 7#a71 the ,secretary shall consider the following goals3 7,a7 ,increasing the utilization of mental health services among family caregivers of veterans participating in the family caregiver program4 7,b7 ,reducing barriers to mental health services among family caregivers of veterans participating in such program4 7h7 ,tracking requirements 7#a7 ,the ,secretary shall establish appropriate tracking requirements with respect to the entities receiving a grant under this section4 7#b7 ,not less frequently than annually1 the ,secretary shall submit to ,congress a report on such tracking requirements4 7i7 ,performance review ,the ,secretary shall-- 7#a7 review the performance of each entity that receives a grant under this section2 and 7#b7 make information regarding such performance publicly available4 7j7 ,remediation plan 7#a7 ,in the case of an entity that receives a grant under this section and does not meet the outcome measures developed by the ,secretary under subsection 7g71 the ,secretary shall require the entity to submit to the ,secretary a remediation plan under which the entity shall describe how and when it plans to meet such outcome measures4 7#b7 ,the ,secretary may not award a subsequent grant under this section to an entity described in paragraph 7#a7 unless the ,secretary approves the remediation plan submitted by the entity under such paragraph4 7k7 ,maximum amount ,the amount of a grant awarded under this section may not exceed #aj percent of amounts made available for grants under this section for the fiscal year in which the grant is awarded4 7l7 ,supplement1 not supplant ,any grant awarded under this section shall be used to supplement and not supplant funding that is otherwise available through the ,department to provide mental health support among family caregivers of veterans participating in the family caregiver program4 7m7 ,funding 7#a7 ,amounts for the activities of the ,department under this section shall be budgeted and appropriated through a separate appropriation account4 7#b7 ,in the budget justification materials submitted to ,congress in support of the budget of the ,department for any fiscal year 7as submitted with the budget of the ,president under section #aaje7;a7 of title #ca71 the ,secretary shall include a separate statement of the amount requested to be appropriated for that fiscal year for the account specified in paragraph 7#a74 7n7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary for each of fiscal years #bjbc through #bjbe #ej1jjj1jjj to carry out this section4 7o7 ,definitions ,in this section3 7#a7 ,the terms caregiver and family caregiver have the meanings given those terms in section #agbj;,g7d7 of this title4 7#b7 ,the term family caregiver program means the program of comprehensive assistance for family caregivers under section #agbj;,g7a7 of this title4 7#c7 ,the term ,veterans ,crisis ,line means the toll-free hotline for veterans established under section #agbj;,f7h7 of this title4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such subchapter is amended by adding at the end the following new item3 #agbj,k4 ,grants to provide mental health support to family caregivers of veterans4 4 #e4 ,comptroller ,general report on mental health support for caregivers 7a7 ,report required ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the provision of mental health support to caregivers of veterans4 7b7 ,contents ,the report submitted under subsection 7a7 shall include the following3 7#a7 ,an assessment of the need for mental health support among caregivers participating in the caregiver programs4 7#b7 ,an assessment of options for mental health support in facilities of the ,department of ,veterans ,affairs and in the community for caregivers participating in the caregiver programs4 7#c7 ,an assessment of the availability and accessibility of mental health support in facilities of the ,department and in the community for caregivers participating in the caregiver programs4 7#d7 ,an assessment of the awareness among caregivers of the availability of mental health support in facilities of the ,department and in the community for caregivers participating in the caregiver programs4 7#e7 ,an assessment of barriers to mental health support in facilities of the ,department and in the community for caregivers participating in the caregiver programs4 7c7 ,definitions ,in this section3 7#a7 ,caregiver ,the term caregiver has the meaning given that term in section #agbj;,g7d7 of title #ch1 ,united ,states ,code4 7#b7 ,caregiver programs ,the term caregiver programs means-- 7,a7 the program of comprehensive assistance for family caregivers under subsection 7a7 of section #agbj;,g of title #ch1 ,united ,states ,code2 and 7,b7 the program of support services for caregivers under subsection 7b7 of such section4