[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.''.
                                 <all>