124 STAT. 1133 PUBLIC LAW 111–163—MAY 5, 2010 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 vet- eran under paragraph (7)— ‘‘(I) the assistance described in clause (i); ‘‘(II) such mental health services as the Secretary determines appropriate; ‘‘(III) respite care of not less than 30 days annually, including 24-hour per day care of the veteran commensu- rate with the care provided by the family caregiver to permit extended respite; ‘‘(IV) medical care under section 1781 of this title; and ‘‘(V) a monthly personal caregiver stipend. ‘‘(B) Respite care provided under subparagraph (A)(ii)(III) shall be medically and age-appropriate and include in-home care. ‘‘(C)(i) The amount of the monthly personal caregiver stipend provided under subparagraph (A)(ii)(V) shall be determined in accordance with a schedule established by the Secretary that speci- fies stipends based upon the amount and degree of personal care services provided. ‘‘(ii) The Secretary shall ensure, to the extent practicable, that the schedule required by clause (i) specifies that the amount of the monthly personal caregiver stipend provided to a primary pro- vider of personal care services for the provision of personal care services to an eligible veteran is not less than the monthly amount a commercial home health care entity would pay an individual in the geographic area of the eligible veteran to provide equivalent personal care services to the eligible veteran. ‘‘(iii) If personal care services are not available from a commer- cial home health entity in the geographic area of an eligible veteran, the amount of the monthly personal caregiver stipend payable under the schedule required by clause (i) with respect to the eligible veteran shall be determined by taking into consideration the costs of commercial providers of personal care services in providing per- sonal care services in geographic areas other than the geographic area of the eligible veteran with similar costs of living. ‘‘(4) An eligible veteran and a family member of the eligible veteran seeking to participate in the program required by paragraph (1) shall jointly submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appro- priate. ‘‘(5) For each application submitted jointly by an eligible veteran and family member, the Secretary shall evaluate— ‘‘(A) the eligible veteran— ‘‘(i) to identify the personal care services required by the eligible veteran; and ‘‘(ii) to determine whether such requirements could be significantly or substantially satisfied through the provi- sion of personal care services from a family member; and ‘‘(B) the family member to determine the amount of instruc- tion, preparation, and training, if any, the family member Application. Determinations.
