Source: United States House of Representatives – Congressman Jack Bergman (MI-1)
Today, Reps. Jack Bergman and Nikki Budzinski announced the reintroduction of Gerald’s Law, legislation to permanently close a loophole in federal law that has denied burial benefits to some Veterans based solely on where they spent their final days.
Gerald’s Law was previously included as a pilot provision in the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act of 2025, but that authority is set to expire later this year.
Under prior law, the Department of Veterans Affairs (VA) could provide a burial allowance to the surviving family of a Veteran who died while in the care of a qualifying VA facility, such as a VA hospital or VA-funded nursing home. However, terminally ill Veterans who were discharged from a VA facility and received VA-furnished hospice care at home were deemed to have died outside a qualifying facility, even though VA remained responsible for their care.
As a result, some families lost eligibility for burial benefits simply because their loved one chose to spend their final days at home. This gap in the law created a perverse incentive that discouraged Veterans from choosing home-based hospice care out of concern that doing so would forfeit their earned burial benefits.
Gerald’s Law is named in honor of Gerald “Jerry” Elliott, a U.S. Army Veteran from Dickinson County, whose family was denied burial benefits under this loophole. Denise Formolo, the Veterans Service Officer for Dickinson County, originally brought Jerry’s story to Rep. Bergman, inspiring the legislation.
Rep. Bergman said, “Veterans should not be penalized for choosing to spend their final days at home, surrounded by loved ones. Forcing families to forfeit earned burial benefits is unacceptable, and what happened to Jerry must never happen again.”
“For surviving families, VA’s burial allowance eases the burden of funeral and burial costs, allowing them to properly honor their loved one who gave so much in service to our country. It’s wrong for a veteran to be denied this earned benefit just because they choose to pass away in the comfort of their own home. Congress temporarily closed this loophole last year, now it’s time to fix this injustice permanently,” said Rep. Budzinski
Gerald’s Law has received the support of a number of key stakeholders:
“We are deeply grateful for the reintroduction of Gerald’s Law by Representatives Bergman and Budzinski. This critical legislation ensures that veterans and their families can continue to choose comfort over cost when selecting an end-of-life care setting, without having to risk the loss of crucial burial benefits,” said Dr. Steve Landers, CEO of the National Alliance for Care at Home. “While Congress previously addressed this issue on a temporary basis, veterans and their families deserve certainty and permanence. We thank both Representatives for their bipartisan leadership and look forward to supporting efforts to make this protection permanent and ensure continued access to care at home for our nation’s veterans.”
“No veteran should ever be forced to choose between the comfort of their own home and the burial benefits they earned through honorable service. The Gerald’s Law Act closes a technical loophole that currently penalizes families when a veteran transitions from a VA facility to VA approved and funded home hospice care. DAV is proud to support this bill and commends Reps. Bergman and Budzinski for their leadership in upholding the dignity of every veteran’s end-of-life journey,” said DAV National Legislative Director Jon Retzer.
“Gerald’s Law was introduced to ensure veterans who choose to receive VA-furnished hospice care at home with their families were not penalized and denied benefits based on that choice. The passage of S. 141, the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act, codified Gerald’s Law, but only until October 2026. As a pilot program, Gerald’s Law demonstrated how critical it was to address the gaps in veteran end of life benefits. NACVSO has long supported this initiative and looks forward to working with Representatives Bergman and Budzinski to make Gerald’s Law permanent. The pilot provision has been successful and now is the time to do the right thing for our veterans,” said Andrew Tangen, President of National Association of County Veteran Service Organizations.
“AMVETS fully supports making Gerald’s Law permanent, allowing veterans to receive hospice care at home without their families losing crucial burial benefits. By passing this legislation, Congress will ensure that veterans are never penalized for choosing to spend their final days surrounded by their loved ones,” said Paul Shipley, AMVETS National Commander.
“Veterans who choose to spend their last days in hospice care are being denied the burial benefits and dignity they deserve. Service to their nation should determine their benefits, not the location of their passing,” said Rye Barcott, Co-Founder and CEO of With Honor. “With Honor is proud to endorse the Gerald’s Law Act, and we thank For Country Caucus member Rep. Jack Bergman for his commitment to our veterans and their right to choose the location of their treatment.”
“The Tragedy Assistance Program for Survivors (TAPS) is grateful to Representatives Bergman and Budzinski for reintroducing the Gerald’s Law Act. This vital bipartisan legislation ensures that veterans receiving VA-furnished hospice care qualify for the burial allowance, regardless of whether that care is provided at home,” said Bonnie Carroll, TAPS President and Founder. “On behalf of our nation’s surviving families, who honor their loved one’s final wishes, TAPS looks forward to this important bill’s swift passage.”
“Gold Star Spouses of America (GSSA) understands firsthand the lasting impact that end-of-life decisions have on military families. Gerald’s Law ensures that Veterans are treated with equal respect at the end of life, supports family-centered care decisions, and provides clarity and fairness in VA burial benefits. It affirms that a Veteran’s final chapter, wherever it is written, does not diminish their service or sacrifice. Gold Star Spouses of America urges Congress to advance and pass Gerald’s Law without delay. This legislation is a meaningful step toward honoring Veterans, supporting surviving families, and ensuring compassion and equity in VA policy,” said Tamra Sipes, National President of Gold Star Spouses of America.
Gerald’s Law has also been endorsed by the American Legion.