United States 118th Congress Status: Died 1 R cosponsors

S 216 — RESPECT Act of 2023

Last action — Committee on Veterans' Affairs. Ordered to be reported without amendment favorably.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Reinforcing Enhanced Support through Promoting Equity for Caregivers Act of 2023 or the RESPECT Act of 2023 This bill modifies the caregiver programs of the Department of Veterans Affairs (VA) and addresses the provision of support for caregivers participating in such programs. The bill expands (1) the Program of Comprehensive Assistance for Family Caregivers to include services related to neurological disorders and additional mental health services, and (2) the Program of General Caregiver Support Services to include services related to neurological disorders. The VA must establish a process and requirements for its clinicians to document incidents in which veterans in the family caregiver program present at a facility for treatment for an emergent or urgent mental health crisis or are assessed to be at risk for suicide. The bill sets forth the VA's process and requirements for determining or reassessing the eligibility of a veteran and caregiver for the family caregiver program, including with regard to the provision of documentation and evidence related to mental health, psychological trauma, or a neurological disorder. The VA must waive the reassessment requirement under specified circumstances, such as when a veteran's serious injury is caused by a degenerative or chronic condition. The VA is authorized to award grants to implement, coordinate, improve, or enhance mental health counseling, treatment, or support for family caregivers of veterans participating in the family caregiver program. The Government Accountability Office must report on the provision of mental health support to caregivers of veterans.

Bill Text

Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Hospital, nursing home, domiciliary, and medical care · 38 U.S.C. ch. 17 1 section
  • § 1720G Assistance and support services for caregivers Amends

    38 U.S.C. § 1720G

    The law today

    (a) Program of Comprehensive Assistance for Family Caregivers.— (1) (A) The Secretary shall establish a program of comprehensive assistance for family caregivers of eligible veterans. (B) The Secretary shall only provide support under the program required by subparagraph (A) to a family caregiver of an eligible veteran if the Secretary determines it is in the best interest of the eligible veteran to do so. (2) For purposes of this subsection, an eligible veteran is any individual who— (A) is a veteran or member of the Armed Forces undergoing medical discharge from the Armed Forces; (B) for assistance provided under this subsection— (i) before the date on which the Secretary submits to Congress a certification that the Department has fully implemented the information technology system required by section 162(a) of the Caring for Our Veterans Act of 2018, has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, air, or space service on or after September 11, 2001; (ii) during the 2-year period beginning on the date on which the Secretary submitted to Congress the certification described in clause (i), has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, air, or space service— (I) on or before May 7, 1975; or (II) on or after September 11, 2001; or (iii) after the date that is 2 years after the date on which the Secretary submits to Congress the certification described in clause (i), has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, air, or space service; and (C) is in need of personal care services because of— (i) an inability to perform one or more activities of daily living; (ii) a need for supervision or protection based on symptoms or residuals of neurological or other impairment or injury; (iii) a need for regular or extensive instruction or supervision without which the ability of the veteran to function in daily life would be seriously impaired; or (iv) such other matters as the Secretary considers appropriate. (3) (A) As part of the program required by paragraph (1), the Secretary shall provide to family caregivers of eligible veterans the following assistance: (i) To each family caregiver who is approved as a provider of personal care services for an eligible veteran under paragraph (6)— (I) such instruction, preparation, and training as the Secretary considers appropriate for the family caregiver to provide personal care services to the eligible veteran; (II) ongoing technical support consisting of information and assistance to address, in a timely manner, the routine, emergency, and specialized caregiving needs of the family caregiver in providing personal care services to the eligible veteran; (III) counseling; and (IV) lodging and subsistence under section 111(e) of this title. (ii) To each family caregiver who is designated as the primary provider of personal care services for an eligible veteran under paragraph (7)— (I) the assistance described in clause (i); (II) such mental health services as the Secretary determines appropriate; (III) covered respite care of not less than 30 days annually; (IV) medical care under section 1781 of this title; (V) a monthly personal caregiver stipend; and (VI) through the use of contracts with, or the provision of grants to, public or private entities— (aa) financial planning services relating to the needs of injured veterans and their caregivers; and (bb) legal services, including legal advice and consultation, relating to the needs of injured veterans and their caregivers. (B) (i) The amount of the monthly personal caregiver stipend provided under subparagraph (A)(ii)(V) shall be determined in accordance with...

    28 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 38 U.S.C. § 1701

How this bill changes current law

9 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill modifies the family caregiver program by expanding eligibility criteria and adding services related to mental health and neurological disorders.

  • 38 U.S.C. § 1720G(a)(2)(C)(ii)

    neurological → a neurological disorder

    Specifies that support for caregivers includes those with veterans suffering from neurological disorders.

  • 38 U.S.C. § 1720G(a)(3)(B)(ii)(II)

    neurological → a neurological disorder

    Clarifies that mental health services can include assistance for neurological disorders.

  • 38 U.S.C. § 1720G(a)(3)(C)

    (v)(I) For purposes of determining the amount and degree of personal care services provided under clause (i) with respect to a veteran described in subclause (II), 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 period. (II) A veteran described in this subclause is a veteran whose need for personal care services as described in paragraph (2)(C) is based in whole or in part on-- (aa) a diagnosis of mental illness or history of suicidal ideation that puts the veteran at risk of self-harm; or (bb) a neurological disorder.

    Adds considerations for documenting the degree of personal care services based on mental health and neurological disorders.

  • 38 U.S.C. § 1720G(a)

    (14) The Secretary shall establish a process and requirements for clinicians of facilities of the Department-- (A) to document incidents in which an eligible veteran participating in the program established under paragraph (1)-- (i) presents at such a facility for treatment for an emergent or urgent mental health crisis; or (ii) is assessed by such a clinician to be at risk for suicide; and (B) to provide such documentation, including any safety plans developed and referrals made to a suicide prevention coordinator of the Department, to such program.

    Mandates documentation for mental health crises and risk assessments in veterans.

  • 38 U.S.C. § 1720G(d)

    (4) the term `neurological disorder' means a disease of the brain, spinal cord, nerves, or neuromuscular system.

    Provides a definition for neurological disorders in the context of the caregiver program.

  • 38 U.S.C. § 1720G(d)(5)

    neurological → a neurological disorder

    Standardizes the language regarding neurological disorders in definitions related to caregiving.

  • 38 U.S.C. § 1720G(a)(15)

    (B)(i) The Secretary shall establish an appropriate time limit during a 24-hour period for the active participation of a veteran in an evaluation, assessment, or reassessment to determine eligibility of the veteran for the program established under paragraph (1). (ii) In determining an appropriate time limit for a veteran under clause (i), the Secretary shall-- (I) take into consideration necessary accommodations for the veteran stemming from the disability or medical condition of the veteran; and (II) consult with the primary care provider, neurological specialist, or qualified mental health professional that is treating the veteran.

    Requires consideration of veterans' disabilities during assessments for caregiver eligibility.

  • 38 U.S.C. § 1720G(d)

    (5) The term `neurological specialist' means a neurologist, neuropsychiatrist, physiatrist, geriatrician, certified brain injury specialist, neurology nurse, neurology nurse practitioner, neurology physician assistant, or such other licensed medical professional as the Secretary considers appropriate.

    Defines who qualifies as a neurological specialist involved in the caregiver program evaluations.

  • 38 U.S.C. § 1720G(d)

    (7) The term `qualified mental health professional' means a psychiatrist, psychologist, licensed clinical social worker, psychiatric nurse, licensed professional mental health counselor, or other licensed mental health professional as the Secretary considers appropriate.

    Defines what constitutes a qualified mental health professional for caregiver program purposes.

Action History

  1. Committee on Veterans' Affairs. Ordered to be reported without amendment favorably.

  2. Introduced in Senate

  3. Read twice and referred to the Committee on Veterans' Affairs.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights veterans
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Frequently asked questions

What does S 216 do?
Reinforcing Enhanced Support through Promoting Equity for Caregivers Act of 2023 or the RESPECT Act of 2023 This bill modifies the caregiver programs of the Department of Veterans Affairs (VA) and addresses the provision of support for caregivers participating in such programs. The bill expands (1) the Program of Comprehensive Assistance for Family Caregivers to include services related to neurological disorders and additional mental health services, and (2) the Program of General Caregiver Support Services to include services related to neurological disorders. The VA must establish a process and requirements for its clinicians to document incidents in which veterans in the family caregiver program present at a facility for treatment for an emergent or urgent mental health crisis or are assessed to be at risk for suicide. The bill sets forth the VA's process and requirements for determining or reassessing the eligibility of a veteran and caregiver for the family caregiver program, including with regard to the provision of documentation and evidence related to mental health, psychological trauma, or a neurological disorder. The VA must waive the reassessment requirement under specified circumstances, such as when a veteran's serious injury is caused by a degenerative or chronic condition. The VA is authorized to award grants to implement, coordinate, improve, or enhance mental health counseling, treatment, or support for family caregivers of veterans participating in the family caregiver program. The Government Accountability Office must report on the provision of mental health support to caregivers of veterans.
Who sponsors S 216?
S 216 is sponsored by Moran, Jerry (Republican).
What is the current status of S 216?
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 216?
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