H. R. 3248
IN THE HOUSE OF REPRESENTATIVES
July 12, 2005
Mr. Ferguson (for himself, Mr. Langevin, Mr. Terry, Mr. Norwood, Mrs. Wilson of New Mexico, and Mr. Brown of Ohio) introduced the following bill; which was referred to the Committee on Energy and Commerce
To amend the Public Health Service Act to establish a program to assist family caregivers in accessing affordable and high-quality respite care, and for other purposes.
This Act may be cited as the
Lifespan Respite Care Act of 2005.
Lifespan respite care
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following:
Lifespan respite care
In this title:
Adult with a special need
The term adult with a special need means a person 18 years of age or older who requires care or supervision to—
meet the person’s basic needs; or
prevent physical self-injury or injury to others.
Child with a special need
The term child with a special need means a person less than 18 years of age who requires care or supervision beyond that required of children generally to—
meet the child’s basic needs; or
prevent physical self-injury or injury to others.
The term eligible recipient means—
a State agency;
any other public entity that is capable of operating on a statewide basis;
a private, nonprofit organization that is capable of operating on a statewide basis;
a political subdivision of a State that has a population of not less than 3,000,000 individuals; or
any recognized State respite coordinating agency that has—
a demonstrated ability to work with other State and community-based agencies;
an understanding of respite care and family caregiver issues; and
the capacity to ensure meaningful involvement of family members, family caregivers, and care recipients.
The term family caregiver means an unpaid family member, a foster parent, or another unpaid adult, who provides in-home monitoring, management, supervision, or treatment of a child or adult with a special need.
Lifespan respite care
The term lifespan respite care means a coordinated system of accessible, community-based respite care services for family caregivers of children or adults with special needs.
The term respite care means planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of that child or adult.
Lifespan respite care grants and cooperative agreements
The purposes of this section are—
to expand and enhance respite care services to family caregivers;
to improve the statewide dissemination and coordination of respite care; and
to provide, supplement, or improve access and quality of respite care services to family caregivers, thereby reducing family caregiver strain.
Subject to subsection (e), the Secretary is authorized to award grants or cooperative agreements to eligible recipients who submit an application pursuant to subsection (d).
Federal lifespan approach
In carrying out this section, the Secretary shall work in cooperation with the National Family Caregiver Support Program Officer of the Administration on Aging and other respite care program officers within the Department to ensure coordination of respite care services for family caregivers of children and adults with special needs.
Each eligible recipient desiring to receive a grant or cooperative agreement under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require.
Each application submitted under this section shall include—
a description of the applicant’s—
understanding of respite care and family caregiver issues;
capacity to ensure meaningful involvement of family members, family caregivers, and care recipients; and
collaboration with other State and community-based public, nonprofit, or private agencies;
with respect to the population of family caregivers to whom respite care information or services will be provided or for whom respite care workers and volunteers will be recruited and trained, a description of—
the population of family caregivers;
the extent and nature of the respite care needs of that population;
existing respite care services for that population, including numbers of family caregivers being served and extent of unmet need;
existing methods or systems to coordinate respite care information and services to the population at the State and local level and extent of unmet need;
how respite care information dissemination and coordination, respite care services, respite care worker and volunteer recruitment and training programs, or training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services will be provided using grant or cooperative agreement funds;
a plan for collaboration and coordination of the proposed respite care activities with other related services or programs offered by public or private, nonprofit entities, including area agencies on aging;
how the population, including family caregivers, care recipients, and relevant public or private agencies, will participate in the planning and implementation of the proposed respite care activities;
how the proposed respite care activities will make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, other forms of reimbursements, personnel, and facilities;
respite care services available to family caregivers in the applicant’s State or locality, including unmet needs and how the applicant’s plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs;
the criteria used to identify family caregivers eligible for respite care services;
how the quality and safety of any respite care services provided will be monitored, including methods to ensure that respite care workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the family caregiver; and
the results expected from proposed respite care activities and the procedures to be used for evaluating those results; and
assurances that, where appropriate, the applicant shall have a system for maintaining the confidentiality of care recipient and family caregiver records.
When awarding grants or cooperative agreements under this section, the Secretary shall give priority to—
applicants that show the greatest likelihood of implementing or enhancing lifespan respite care statewide; and
applicants from States that are not otherwise receiving a grant under this title.
Use of grant or cooperative agreement funds
Mandatory uses of funds
Each eligible recipient that is awarded a grant or cooperative agreement under this section shall use the funds, unless such a program is in existence—
to develop lifespan respite care at the State and local levels;
to provide respite care services for family caregivers caring for children or adults;
to train and recruit respite care workers and volunteers;
to provide information to caregivers about available respite and support services; and
to assist caregivers in gaining access to such services.
Discretionary uses of funds
Each eligible recipient that is awarded a grant or cooperative agreement under this section may use the funds for—
training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services;
other services essential to the provision of respite care as the Secretary may specify; or
training and education for new caregivers.
Each eligible recipient that is awarded a grant or cooperative agreement under this section may use the funds to subcontract with a public or nonprofit agency to carry out the activities described in paragraph (1).
Term of grants or cooperative agreements
The Secretary shall award grants or cooperative agreements under this section for terms that do not exceed 5 years.
The Secretary may renew a grant or cooperative agreement under this section at the end of the term of the grant or cooperative agreement determined under paragraph (1).
Supplement, not supplant
Funds made available under this section shall be used to supplement and not supplant other Federal, State, and local funds available for respite care services.
National Lifespan respite resource center
The Secretary shall award a grant or cooperative agreement to a public or private nonprofit entity to establish a National Resource Center on Lifespan Respite Care (referred to in this section as the
Purposes of the center
The center shall—
maintain a national database on lifespan respite care;
provide training and technical assistance to State, community, and nonprofit respite care programs; and
provide information, referral, and educational programs to the public on lifespan respite care.
Not later than January 1, 2007, the Secretary shall report to the Congress on the activities undertaken under this title. Such report shall evaluate—
the number of States that have lifespan respite care programs;
the demographics of the caregivers receiving respite care services through grants or cooperative agreements under this title; and
the effectiveness of entities receiving grants or cooperative agreements under this title.
Authorization of appropriations
There are authorized to be appropriated to carry out this title—
$90,500,000 for fiscal year 2006; and
such sums as are necessary for fiscal years 2007 through 2010.