124 STAT. 1135 PUBLIC LAW 111–163—MAY 5, 2010 ‘‘(i) shall immediately revoke the family member’s designa- tion under subparagraph (A); and ‘‘(ii) may designate, in consultation with the eligible vet- eran, a new primary provider of personal care services for the eligible veteran under such subparagraph. ‘‘(E) The Secretary shall take such actions as may be necessary to ensure that the revocation of a designation under subparagraph (A) with respect to an eligible veteran does not interfere with the provision of personal care services required by the eligible veteran. ‘‘(8) If an eligible veteran lacks the capacity to make a decision under this subsection, the Secretary may, in accordance with regula- tions and policies of the Department regarding appointment of guardians or the use of powers of attorney, appoint a surrogate for the eligible veteran who may make decisions and take action under this subsection on behalf of the eligible veteran. ‘‘(9)(A) The Secretary shall monitor the well-being of each eligible veteran receiving personal care services under the program required by paragraph (1). ‘‘(B) The Secretary shall document each finding the Secretary considers pertinent to the appropriate delivery of personal care services to an eligible veteran under the program. ‘‘(C) The Secretary shall establish procedures to ensure appro- priate follow-up regarding findings described in subparagraph (B). Such procedures may include the following: ‘‘(i) Visiting an eligible veteran in the eligible veteran’s home to review directly the quality of personal care services provided to the eligible veteran. ‘‘(ii) Taking such corrective action with respect to the findings of any review of the quality of personal care services provided an eligible veteran as the Secretary considers appro- priate, which may include— ‘‘(I) providing additional training to a family caregiver; and ‘‘(II) suspending or revoking the approval of a family caregiver under paragraph (6) or the designation of a family caregiver under paragraph (7). ‘‘(10) The Secretary shall carry out outreach to inform eligible veterans and family members of eligible veterans of the program required by paragraph (1) and the benefits of participating in the program. ‘‘(b) PROGRAM OF GENERAL CAREGIVER SUPPORT SERVICES.— (1) The Secretary shall establish a program of support services for caregivers of covered veterans who are enrolled in the health care system established under section 1705(a) of this title (including caregivers who do not reside with such veterans). ‘‘(2) For purposes of this subsection, a covered veteran is any individual who needs personal care services because of— ‘‘(A) an inability to perform one or more activities of daily living; ‘‘(B) a need for supervision or protection based on symptoms or residuals of neurological or other impairment or injury; or ‘‘(C) such other matters as the Secretary shall specify. ‘‘(3)(A) The support services furnished to caregivers of covered veterans under the program required by paragraph (1) shall include the following: Procedures.
