Share Your Thoughts On New Caregiver Act

Department of Veterans Affairs wants to know what we think about the new Caregiver Act

Request for Information

Through this notice, we are soliciting information on certain changes made to PCAFC by the MISSION Act. We ask respondents to address the following questions, where possible, in the context of the discussion in this document. Commenters do not need to address every question and should focus on those that relate to their expertise or perspectives. To the extent possible, please clearly indicate which question(s) you address in your response. As previously mentioned, responses to this request will inform our updates to PCAFC.

Accordingly, we request comments on the following:

1. How should VA define “a need for regular or extensive instruction or supervision” in the new 38 U.S.C. 1720G(a)(2)(C)(iii)?

a. Should this be based upon frequency of intervention needed by the veteran or level of complexity of intervention? Should this be based upon the impact to the veteran if such instruction or supervision is not provided? If so, how should this be measured?

b. What constitutes “regular” instruction or supervision?

c. What constitutes “extensive” instruction or supervision?

2. How does “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” differ from “a need for supervision or protection based on symptoms of residuals of neurological or other impairment or injury?”

a. How should VA define and assess “a need for supervision or protection based on symptoms of residuals of neurological or other impairment or injury”?

b. Are there established standards VA should model?

3. How should VA assess whether the ability of the veteran to function in daily life would be seriously impaired without regular or extensive instruction or supervision?

a. Are there existing tools or assessments that could be used?

b. How should “seriously impaired” be defined?

i. For example, should there be a standard of time in which a veteran is expected to be able to function without the need for a caregiver, and once that period of time is exceeded, a need for a caregiver is required due to the impairment of the veteran? Is there a minimum period of time lapse that a veteran should be expected to be able to function and upon exceeding that time, might meet this eligibility criterion?

ii. Are there standards that should or could be used to determine when a veteran's ability to function in daily life is considered seriously impaired without regular or extensive instruction or supervision?

iii. How should “ability to function in daily life” be defined?

4. What specific financial planning services relating to the needs of injured veterans and their caregivers should be made available to primary family caregivers under the new 38 U.S.C. 1720G(a)(3)(A)(ii)(VI)(aa)?

a. Should entities provide these services for free?

b. Are there specific financial planning services that should be excluded?

c. How should these services be made available and/or delivered? Should these be provided in person, online, and/or via telephone?

d. Should there be a limit as to how many times a primary family caregiver has access to these services? If yes, should it be an annual limit or lifetime limit? Should it be limited by some other measure?

e. What types of private organizations provide these services?Start Printed Page 60968

i. What services do they provide?

ii. How are the services provided?

iii. Do these organizations provide these services for free?

iv. Do these organizations contract with other entities to provide these services? Do these organizations receive grants to provide these services?

f. What other Federal/state/local agencies offer these services?

i. What services do they provide?

ii. How are the services provided?

iii. Do these agencies provide these services for free?

iv. Do these agencies contract with other entities to provide these services? Do these agencies receive grants to provide these services?

5. What specific legal services relating to the needs of injured veterans and their caregivers should be made available to primary family caregivers under the new 38 U.S.C. 1720G(a)(3)(A)(ii)(VI)(bb)?

a. Should entities provide these services for free?

b. Are there specific legal services that should be excluded?

c. How should these services be made available? Should these be provided in person, online, and/or via telephone?

d. Should there be a limit as to how many times a primary family caregiver has access to these services? If yes, should it be an annual limit or lifetime limit? Should it be limited by some other measure?

e. What types of private organizations provide these services?

i. What services do they provide?

ii. How are the services provided?

iii. Do these organizations provide these services for free?

iv. Do these organizations contract with other entities to provide these services? Do these organizations receive grants to provide these services?

f. What other Federal/state/local agencies offer these services?

i. What services do they provide?

ii. How are the services provided?

iii. Do these agencies provide these services for free?

iv. Do these agencies contract with other entities to provide these services? Do these organizations receive grants to provide these services?

Paperwork Reduction Act

This request for information constitutes a general solicitation of public comments as stated in the implementing regulations of the Paperwork Reduction Act of 1995 at 5 CFR 1320.3(h)(4). Therefore, this request for information does not impose information collection requirements (i.e., reporting, record keeping or third-party disclosure requirements). Consequently, there is no need for review by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Signing Authority

The Secretary of Veterans Affairs approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Robert L. Wilkie, Secretary, Department of Veterans Affairs, approved this document on November 19, 2018, for publication.

Dated: November 19, 2018.

Jeffrey M. Martin,

Assistant Director, Office of Regulation Policy and Management, Office of the Secretary, Department of Veterans Affairs.

[FR Doc. 2018-25763 Filed 11-26-18; 8:45 am]

Do you think Congress should have figured all this out ahead of time?