The U.S. House of Representatives has passed Gerald’s Law, which would close a hospice-related loophole in veterans’ benefits.

When eligible veterans die, many of their families are entitled to a financial benefit from the U.S. Department of Veterans Affairs (VA) to defray some of the costs of funerals and cremation or burial. However, when a veteran transitions from a VA facility to hospice, they lose access to that benefit. This is even the case when hospice care is provided by the VA itself.

Gerald’s Law would institute those benefits for those veterans who die in hospice. The bill’s language was included in a larger piece of legislation, the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act, or H.R. 8371.

“H.R. 8371 is the culmination of months of work, negotiation, and fine tuning on behalf of our Nation’s Veterans. This bipartisan package makes dozens of key reforms to improve VA, including multiple bills I have been honored to lead in the House like Gerald’s Law and the Elizabeth Dole Home Care Act,” the bill’s sponsor, Rep. Jack Bergman (R-Michigan), said in a statement. “I’m grateful to my colleague for helping get this important legislation over the finish line.” 

The bill’s journey through Congress began with Denise Formolo, a veterans service officer for Dickinson County, Michigan. She discovered the gap in benefits while aiding the family of veteran Gerald Elliott. Soon after, she began advocating for change, including reaching out to members of Congress.

Formolo decided to take the bull by the horns and began drafting a bill that she would later send to Bergman, the congressional representative for her district. At first, lawmakers were incredulous that this benefit wasn’t covered for veteran patients in hospice, but further discussion led Bergman to take up the bill — which has become known as “Gerald’s Law.”

“Nobody seems to know why that was never covered; it was some kind of glitch,” Formolo told Hospice News in June. “I delved into the books on VA law and found out that, in fact, VA hospice is not considered VA health care.”

Rep. Colin Allred (D-Texas) co-sponsored the bipartisan bill, which now goes to the Senate.

The National Alliance for Care at Home and the National Coalition for Hospice and Palliative Care endorsed the legislation.

“We are deeply grateful for the bipartisan support of Gerald’s Law as part of the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act,” said Dr. Steve Landers, CEO for the Alliance, in a statement. “This legislation ensures that veterans and their families can choose hospice care in the setting that best meets their needs without risking the loss of crucial burial benefits. We thank Chairman Bost and the VA Committee for their leadership and look forward to its swift passage in the Senate, hopefully before the end of the year.”