[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3248 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3248
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.
_______________________________________________________________________
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
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifespan Respite Care Act of 2005''.
SEC. 2. LIFESPAN RESPITE CARE.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXIX--LIFESPAN RESPITE CARE
``SEC. 2901. DEFINITIONS.
``In this title:
``(1) 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--
``(A) meet the person's basic needs; or
``(B) prevent physical self-injury or injury to
others.
``(2) 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--
``(A) meet the child's basic needs; or
``(B) prevent physical self-injury or injury to
others.
``(3) Eligible recipient.--The term `eligible recipient'
means--
``(A) a State agency;
``(B) any other public entity that is capable of
operating on a statewide basis;
``(C) a private, nonprofit organization that is
capable of operating on a statewide basis;
``(D) a political subdivision of a State that has a
population of not less than 3,000,000 individuals; or
``(E) any recognized State respite coordinating
agency that has--
``(i) a demonstrated ability to work with
other State and community-based agencies;
``(ii) an understanding of respite care and
family caregiver issues; and
``(iii) the capacity to ensure meaningful
involvement of family members, family
caregivers, and care recipients.
``(4) Family caregiver.--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.
``(5) 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.
``(6) Respite care.--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.
``SEC. 2902. LIFESPAN RESPITE CARE GRANTS AND COOPERATIVE AGREEMENTS.
``(a) Purposes.--The purposes of this section are--
``(1) to expand and enhance respite care services to family
caregivers;
``(2) to improve the statewide dissemination and
coordination of respite care; and
``(3) to provide, supplement, or improve access and quality
of respite care services to family caregivers, thereby reducing
family caregiver strain.
``(b) Authorization.--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).
``(c) 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.
``(d) Application.--
``(1) Submission.--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.
``(2) Contents.--Each application submitted under this
section shall include--
``(A) a description of the applicant's--
``(i) understanding of respite care and
family caregiver issues;
``(ii) capacity to ensure meaningful
involvement of family members, family
caregivers, and care recipients; and
``(iii) collaboration with other State and
community-based public, nonprofit, or private
agencies;
``(B) 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--
``(i) the population of family caregivers;
``(ii) the extent and nature of the respite
care needs of that population;
``(iii) existing respite care services for
that population, including numbers of family
caregivers being served and extent of unmet
need;
``(iv) 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;
``(v) 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;
``(vi) 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;
``(vii) 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;
``(viii) 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;
``(ix) 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;
``(x) the criteria used to identify family
caregivers eligible for respite care services;
``(xi) 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
``(xii) the results expected from proposed
respite care activities and the procedures to
be used for evaluating those results; and
``(C) assurances that, where appropriate, the
applicant shall have a system for maintaining the
confidentiality of care recipient and family caregiver
records.
``(e) Priority.--When awarding grants or cooperative agreements
under this section, the Secretary shall give priority to--
``(1) applicants that show the greatest likelihood of
implementing or enhancing lifespan respite care statewide; and
``(2) applicants from States that are not otherwise
receiving a grant under this title.
``(f) Use of Grant or Cooperative Agreement Funds.--
``(1) In general.--
``(A) 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--
``(i) to develop lifespan respite care at
the State and local levels;
``(ii) to provide respite care services for
family caregivers caring for children or
adults;
``(iii) to train and recruit respite care
workers and volunteers;
``(iv) to provide information to caregivers
about available respite and support services;
and
``(v) to assist caregivers in gaining
access to such services.
``(B) Discretionary uses of funds.--Each eligible
recipient that is awarded a grant or cooperative
agreement under this section may use the funds for--
``(i) training programs for family
caregivers to assist such family caregivers in
making informed decisions about respite care
services;
``(ii) other services essential to the
provision of respite care as the Secretary may
specify; or
``(iii) training and education for new
caregivers.
``(2) Subcontracts.--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).
``(g) Term of Grants or Cooperative Agreements.--
``(1) In general.--The Secretary shall award grants or
cooperative agreements under this section for terms that do not
exceed 5 years.
``(2) Renewal.--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).
``(h) 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.
``SEC. 2903. NATIONAL LIFESPAN RESPITE RESOURCE CENTER.
``(a) Establishment.--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 `center').
``(b) Purposes of the Center.--The center shall--
``(1) maintain a national database on lifespan respite
care;
``(2) provide training and technical assistance to State,
community, and nonprofit respite care programs; and
``(3) provide information, referral, and educational
programs to the public on lifespan respite care.
``SEC. 2904. REPORT.
``Not later than January 1, 2007, the Secretary shall report to the
Congress on the activities undertaken under this title. Such report
shall evaluate--
``(1) the number of States that have lifespan respite care
programs;
``(2) the demographics of the caregivers receiving respite
care services through grants or cooperative agreements under
this title; and
``(3) the effectiveness of entities receiving grants or
cooperative agreements under this title.
``SEC. 2905. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title--
``(1) $90,500,000 for fiscal year 2006; and
``(2) such sums as are necessary for fiscal years 2007
through 2010.''.
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