S 2921
110th CONGRESS
2d Session
S. 2921
To require pilot programs on training and certification for
family caregiver personal care attendants for veterans and members of
the Armed Forces with traumatic brain injury, to require a pilot program
on provision of respite care to such veterans and members, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
April 28, 2008
Mr. REID (for Mrs. CLINTON) introduced the following bill; which was
read twice and referred to the Committee on Veterans' Affairs
A BILL
To require pilot programs on training and certification for
family caregiver personal care attendants for veterans and members of
the Armed Forces with traumatic brain injury, to require a pilot program
on provision of respite care to such veterans and members, 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 `Caring for Wounded Warriors Act of 2008'.
SEC. 2. PILOT PROGRAMS ON TRAINING AND CERTIFICATION FOR FAMILY CAREGIVER
PERSONAL CARE ATTENDANTS FOR VETERANS AND MEMBERS OF THE ARMED FORCES
WITH TRAUMATIC BRAIN INJURY.
(a) Pilot Programs Authorized- The Secretary of Veterans Affairs shall,
in collaboration with the Secretary of Defense, carry out up to three
pilot programs to assess the feasibility and advisability of providing
training and certification for family caregivers of veterans and members
of the Armed Forces with traumatic brain injury as personal care attendants
of such veterans and members.
(b) Locations- Each pilot program under this section shall be carried
out in a medical facility of the Department of Veterans Affairs. In
selecting the locations of the pilot programs, the Secretary shall give
special emphasis to the polytrauma centers of the Department of Veterans
Affairs designated as Tier I polytrauma centers.
(1) IN GENERAL- The Secretary of Veterans Affairs shall develop curricula
for the training of personal care attendants under the pilot programs
under this section. Such curricula shall incorporate--
(A) applicable standards and protocols utilized by certification
programs of national brain injury care specialist organizations;
and
(B) best practices recognized by caregiving organizations.
(2) USE OF EXISTING CURRICULA- In developing the curricula required
by paragraph (1), the Secretary of Veterans Affairs shall, to the
extent practicable, utilize and expand upon training curricula developed
pursuant to section 744(b) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308).
(d) Participation in Programs-
(1) IN GENERAL- The Secretary of Veterans Affairs shall determine
the eligibility of a family member of a veteran or member of the Armed
Forces for participation in the pilot programs under this section.
(2) BASIS FOR DETERMINATION- A determination made under paragraph
(1) shall be based on the needs of the veteran or member of the Armed
Forces concerned, as determined by the physician of such veteran or
member.
(e) Eligibility for Compensation- A family caregiver of a veteran or
member of the Armed Forces who receives certification as a personal
care attendant under the pilot programs under this section shall be
eligible for compensation from the Department of Veterans Affairs for
care provided to such veteran or member.
(1) TRAINING OF FAMILIES OF VETERANS- Any costs of training provided
under the pilot programs under this section for family members of
veterans shall be borne by the Secretary of Veterans Affairs.
(2) TRAINING OF FAMILIES OF MEMBERS OF THE ARMED FORCES- The Secretary
of Defense shall reimburse the Secretary of Veterans Affairs for any
costs of training provided under the pilot programs for family members
of members of the Armed Forces. Amounts for such reimbursement shall
be derived from amounts available for Defense Health Program for the
TRICARE program.
(g) Assessment of Family Caregiver Needs-
(1) IN GENERAL- The Secretary of Veterans Affairs may provide to a
family caregiver who receives training under a pilot program under
this section--
(A) an assessment of their needs with respect to their role as a
family caregiver; and
(B) a referral to services and support that--
(i) are relevant to any needs identified in such assessment; and
(ii) are provided in the community where the family caregiver
resides, including such services and support provided by community-based
organizations, publicly-funded programs, and the Department of
Veterans Affairs.
(2) USE OF EXISTING TOOLS- In developing and administering an assessment
under paragraph (1), the Secretary shall, to the extent practicable,
use and expand upon caregiver assessment tools already developed and
in use by the Department.
(h) Construction- Nothing in this section shall be construed to require
or permit the Secretary of Veterans Affairs to deny--
(1) reimbursement for health care services provided to a veteran with
a brain injury to a personal care attendant who is not a family member
of such veteran; or
(2) access to other services and benefits otherwise available to veterans
with a brain injury.
SEC. 3. PILOT PROGRAM ON PROVISION OF RESPITE CARE TO MEMBERS OF THE
ARMED FORCES AND VETERANS WITH TRAUMATIC BRAIN INJURY BY STUDENTS IN
GRADUATE PROGRAMS OF EDUCATION RELATED TO MENTAL HEALTH OR REHABILITATION.
(a) Pilot Program Authorized- The Secretary of Veterans Affairs shall,
in collaboration with the Secretary of Defense, carry out a pilot program
to assess the feasibility and advisability of providing respite care
to members of the Armed Forces and veterans described in subsection
(b) through students enrolled in graduate programs of education described
in subsection (c)(1) to provide--
(1) relief to the family caregivers of such members and veterans from
the responsibilities associated with providing care to such members
and veterans; and
(2) socialization and cognitive skill development to such members
and veterans.
(b) Covered Members and Veterans- The members of the Armed Forces and
veterans described in this subsection are the individuals as follows:
(1) Members of the Armed Forces who have been diagnosed with traumatic
brain injury, including limitations of ambulatory mobility, cognition,
and verbal abilities.
(2) Veterans who have been so diagnosed.
(1) IN GENERAL- The pilot program shall be carried out at not more
than 10 locations selected by the Secretary of Veterans Affairs for
purposes of the pilot program. Each location so selected shall be
a medical facility of the Department of Veterans Affairs that is in
close proximity to, or that has a relationship, affiliation, or established
partnership with, an institution of higher education that has a graduate
program in an appropriate mental health or rehabilitation related
field, such as social work, nursing, psychology, occupational therapy,
physical therapy, or interdisciplinary training programs.
(2) CONSIDERATIONS- In selecting medical facilities of the Department
for the pilot program, the Secretary shall give special consideration
to the following:
(A) The polytrauma centers of the Department designated as Tier
I polytrauma centers.
(B) Facilities of the Department in regions with a high concentration
of veterans with traumatic brain injury.
(1) USE OF GRADUATE STUDENTS- In carrying out the pilot program, the
Secretary shall--
(A) recruit students enrolled in a graduate program of education
selected by the Secretary under subsection (c)(1) to provide respite
care to the members of the Armed Forces and veterans described in
subsection (b);
(B) train such students to provide respite care to such members
and veterans; and
(C) match such students with such members and veterans in the student's
local area for the provision of individualized respite care to such
members and veterans.
(2) REPORTS- Each student participating in the pilot program shall
submit to the physician of the member of the Armed Forces or the veteran
to whom such graduate is providing respite care under the pilot program
a report setting forth the status of the member or veteran under such
care in such manner and in such frequency as the Secretary may require.
(3) COURSEWORK CREDIT- A student that participates in the pilot program
and meets the requirements for successful participation established
under paragraph (4) and the requirements of paragraph (2), may receive
an appropriate amount of coursework credit for such participation
as determined by the head of the student's graduate program of education
chosen to participate in the pilot program under subsection (c)(1)
in consultation with the Secretary.
(4) DETERMINATIONS IN CONJUNCTION WITH HEADS OF GRADUATE PROGRAMS
OF EDUCATION- The Secretary shall determine, in collaboration with
the head of the graduate program of education chosen to participate
in the pilot program under subsection (c)(1), the following:
(A) The amount of training that a student shall complete before
providing respite care under the pilot program.
(B) The number of hours of respite care to be provided by the students
who participate in the pilot program.
(C) The requirements for successful participation by a student in
the pilot program.
(e) Training Standards and Best Practices- In providing training under
subsection (d)(1)(B), the Secretary shall use--
(1) applicable standards and protocols used by certification programs
of national brain injury care specialist organizations in the provision
of respite care training; and
(2) best practices recognized by caregiving organizations.
SEC. 4. DEFINITIONS.
(1) FAMILY CAREGIVER- With respect to member of the Armed Forces or
a veteran with traumatic brain injury, the term `family caregiver'
means a relative, partner, or friend of such member or veteran who
is providing care to such member or veteran for such traumatic brain
injury.
(2) RESPITE CARE- The term `respite care' means the temporary provision
of care to an individual to provide relief to the regular caregiver
of the individual from the ongoing responsibility of providing care
to such individual.
END
