The President has signed into law bipartisan legislation led by U.S. Senator Gary Peters (MI) to expand the eligibility of Department of Veterans Affairs (VA) burial benefits to terminally ill veterans who pass away at a non-VA facility while receiving hospice care.
The legislation, called Gerald’s Law Act, was named after late Michigan veteran Gerald “Jerry” Elliott of Kingsford who did not receive VA burial benefits after he passed away at home.
Peters introduced the Gerald’s Law Act with U.S. Senator John Boozman (R-AR), and bipartisan companion legislation was introduced in the House by U.S. Representative Jack Bergman (R-MI-01). The Gerald’s Law Act was passed into law as part of the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act.
“Gerald Elliot is one of far too many veterans whose families were denied VA burial benefits because they chose to receive hospice care at their home instead of a VA facility,” said Senator Peters, a member of the Armed Services Committee and former Lieutenant Commander in the U.S. Navy Reserve. “As Americans, we have a sacred responsibility to ensure that veterans and their families have the support they need, especially during hard times like the passing of a loved one. This law honors those who have served and sacrificed for our country in uniform, and helps make sure all veterans can be laid to rest with dignity and respect.”
Under current law, the VA will cover nearly $1,000 toward burial and funeral expenses if the veteran is hospitalized at the VA at the time of death. This legislation would update the department’s policy and ensure that veterans aren’t penalized for spending their last days in the comfort of their homes or other settings. Denise Formolo, the Veterans Service Officer for Dickinson County, Michigan, raised this issue with Senator Peters’ office and shared the Elliott family’s heartbreaking story – inspiring the legislation.
“It has been a great honor to collaborate with Senator Peters and Congressman Bergman in passing “Gerald’s Law” as part of the Senator Elizabeth Dole 21st Century Veterans Improvement Act,” said Denise Formolo, Veteran Service Officer at Dickinson County Veterans Affairs. “This is a significant victory for our veterans and their families. Veterans now have the option to spend their final days at home, surrounded by their loved ones, without the concern of losing burial benefits for their families.”
The Gerald’s Law Act is also supported by the Veterans of Foreign Wars (VFW), American Legion, Disabled American Veterans, National Association of Veteran Service Organizations, AMVETS, Paralyzed Veterans of America (PVA), With Honor, Tragedy Assistance Program for Survivors, Gold Star Wives and The Independence Fund.
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