Bill
HR 7199
Expands VA burial eligibility to cover veterans who die at home or non-institutional settings while receiving VA hospice care, if prior VA hospital or nursing home care occurred.
Gerald’s Law Act (H.R. 7199, 119th Congress) – Summary
Overview
- Objective: Amend title 38 U.S. Code to create a burial allowance for certain veterans who die at home while receiving hospice care furnished by the Department of Veterans Affairs (VA).
- Short title: Gerald’s Law Act.
- Introduced: January 22, 2026, by Rep. Bergman (and 13 co-sponsors). Referred to the House Committee on Veterans’ Affairs.
Key provisions
- Amendment to burial benefits: Section 2303(a)(2)(A) of title 38, U.S. Code, is amended to add a new eligibility pathway for burial allowances.
- New eligibility criterion (proposed clause):
- Allows a burial allowance for a deceased veteran who, at the time of death, was residing in a home or other setting and was receiving hospice care provided by VA under section 1717(a) of title 38.
- This hospice care must have been directly preceded by VA-provided hospital care or nursing home care described in subclauses I–III of clause (ii) of section 2303(a)(2)(A).
- Intent of the change: Extend burial benefits to veterans who die at home (or in a non-institutional setting) while under VA hospice care, without requiring a prior death in a VA hospital or nursing facility as a precondition, provided the caregiving sequence began with VA hospital or nursing home care.
- Effective date: The amendment is to take effect as if enacted in the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315). This means the change is retroactively treated as if included in that 2020 act, aligning timing with existing VA benefits reforms.
Who is affected
- Veterans eligible for burial benefits under VA rules, specifically:
- Veterans who die at home or in a non-institutional setting while receiving hospice care furnished by VA.
- Veterans whose hospice care was directly preceded by VA-provided hospital care or nursing home care (as described in the existing statutory framework).
- Families and survivors: They would be eligible to receive the burial allowance under the extended qualifying circumstances.
Implications and potential impact
- Access to burial benefits: Expands eligibility, potentially increasing the number of veterans and families who receive burial allowances when death occurs outside of VA medical facilities but during VA-furnished hospice care.
- Administrative considerations: VA would administer the expanded eligibility consistent with existing burial allowance processes, ensuring documentation of hospice enrollment and prior VA hospital or nursing home care.
- Policy intent: Addresses situations where veterans receive end-of-life care at home or in community settings, ensuring veterans’ burial benefits reflect their care trajectory and VA involvement.
Notes for readers
- The bill does not specify the dollar amount of the burial allowance itself; it focuses on expanding the eligibility criteria to include home hospice deaths with VA-furnished care as described.
- As introduced, the bill is currently in the committee stage, with no enacted changes until (and unless) it passes Congress and is signed into law.
Compiled from official sources — confirm details with the bill’s official record.
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