124 STAT. 1136 PUBLIC LAW 111–163—MAY 5, 2010 ‘‘(i) Services regarding the administering of personal care services, which, subject to subparagraph (B), shall include— ‘‘(I) educational sessions made available both in person and on an Internet website; ‘‘(II) use of telehealth and other available technologies; and ‘‘(III) teaching techniques, strategies, and skills for caring for a disabled veteran; ‘‘(ii) Counseling and other services under section 1782 of this title. ‘‘(iii) Respite care under section 1720B of this title that is medically and age appropriate for the veteran (including 24-hour per day in-home care). ‘‘(iv) Information concerning the supportive services avail- able to caregivers under this subsection and other public, pri- vate, and nonprofit agencies that offer support to caregivers. ‘‘(B) If the Secretary certifies to the Committees on Veterans’ Affairs of the Senate and the House of Representatives that funding available for a fiscal year is insufficient to fund the provision of services specified in one or more subclauses of subparagraph (A)(i), the Secretary shall not be required under subparagraph (A) to provide the services so specified in the certification during the period beginning on the date that is 180 days after the date the certification is received by the Committees and ending on the last day of the fiscal year. ‘‘(4) In providing information under paragraph (3)(A)(iv), the Secretary shall collaborate with the Assistant Secretary for Aging of the Department of Health and Human Services in order to provide caregivers access to aging and disability resource centers under the Administration on Aging of the Department of Health and Human Services. ‘‘(5) In carrying out the program required by paragraph (1), the Secretary shall conduct outreach to inform covered veterans and caregivers of covered veterans about the program. The outreach shall include an emphasis on covered veterans and caregivers of covered veterans living in rural areas. ‘‘(c) CONSTRUCTION.—(1) A decision by the Secretary under this section affecting the furnishing of assistance or support shall be considered a medical determination. ‘‘(2) Nothing in this section shall be construed to create— ‘‘(A) an employment relationship between the Secretary and an individual in receipt of assistance or support under this section; or ‘‘(B) any entitlement to any assistance or support provided under this section. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘caregiver’, with respect to an eligible veteran under subsection (a) or a covered veteran under subsection (b), means an individual who provides personal care services to the veteran. ‘‘(2) The term ‘family caregiver’, with respect to an eligible veteran under subsection (a), means a family member who is a caregiver of the veteran. ‘‘(3) The term ‘family member’, with respect to an eligible veteran under subsection (a), means an individual who— ‘‘(A) is a member of the family of the veteran, including— Certification. Time period.
