Page:United States Statutes at Large Volume 124.djvu/1160

124 STAT. 1134 PUBLIC LAW 111–163—MAY 5, 2010 requires to provide the personal care services required by the eligible veteran— ‘‘(i) as a provider of personal care services for the eligible veteran; and ‘‘(ii) as the primary provider of personal care services for the eligible veteran. ‘‘(6)(A) The Secretary shall provide each family member of an eligible veteran who makes a joint application under paragraph (4) the instruction, preparation, and training determined to be required by such family member under paragraph (5)(B). ‘‘(B) Upon the successful completion by a family member of an eligible veteran of instruction, preparation, and training under subparagraph (A), the Secretary shall approve the family member as a provider of personal care services for the eligible veteran. ‘‘(C) The Secretary shall, subject to regulations the Secretary shall prescribe, provide for necessary travel, lodging, and per diem expenses incurred by a family member of an eligible veteran in undergoing instruction, preparation, and training under subpara- graph (A). ‘‘(D) If the participation of a family member of an eligible veteran in instruction, preparation, and training under subpara- graph (A) would interfere with the provision of personal care serv- ices to the eligible veteran, the Secretary shall, subject to regula- tions as the Secretary shall prescribe and in consultation with the veteran, provide respite care to the eligible veteran during the provision of such instruction, preparation, and training to the family member so that the family member can participate in such instruction, preparation, and training without interfering with the provision of such services to the eligible veteran. ‘‘(7)(A) For each eligible veteran with at least one family member who is described by subparagraph (B), the Secretary shall designate one family member of such eligible veteran as the primary provider of personal care services for such eligible veteran. ‘‘(B) A primary provider of personal care services designated for an eligible veteran under subparagraph (A) shall be selected from among family members of the eligible veteran who— ‘‘(i) are approved under paragraph (6) as a provider of personal care services for the eligible veteran; ‘‘(ii) elect to provide the personal care services to the eligible veteran that the Secretary determines the eligible veteran requires under paragraph (5)(A)(i); ‘‘(iii) has the consent of the eligible veteran to be the primary provider of personal care services for the eligible vet- eran; and ‘‘(iv) are considered by the Secretary as competent to be the primary provider of personal care services for the eligible veteran. ‘‘(C) An eligible veteran receiving personal care services from a family member designated as the primary provider of personal care services for the eligible veteran under subparagraph (A) may, in accordance with procedures the Secretary shall establish for such purposes, revoke consent with respect to such family member under subparagraph (B)(iii). ‘‘(D) If a family member designated as the primary provider of personal care services for an eligible veteran under subparagraph (A) subsequently fails to meet any requirement set forth in subpara- graph (B), the Secretary— Procedures. Determination. Designation. Regulations. Regulations.