[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3248 Reported in House (RH)]
Union Calendar No. 428
109th CONGRESS
2d Session
H. R. 3248
[Report No. 109-716]
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
December 5, 2006
Additional sponsors: Mr. Larson of Connecticut, Mr. Andrews, Mr. Wolf,
Mr. Pascrell, Mr. Larsen of Washington, Mr. Emanuel, Ms. Jackson-Lee of
Texas, Mr. Menendez, Mr. DeFazio, Mr. Sanders, Mr. Pallone, Mr.
Gutierrez, Mr. Wu, Ms. Loretta Sanchez of California, Mr. Reyes, Mr.
Lynch, Mr. Van Hollen, Mr. Hinchey, Mr. Ramstad, Mr. Doyle, Ms. Roybal-
Allard, Mr. Bishop of Georgia, Mr. Boehlert, Mr. McDermott, Mr.
Strickland, Mr. Melancon, Mr. Price of North Carolina, Mr. Platts, Mrs.
Capps, Mr. Walden of Oregon, Mr. Schwarz of Michigan, Ms. Berkley, Ms.
Slaughter, Mr. Shimkus, Ms. Baldwin, Mr. Snyder, Mr. Abercrombie, Ms.
Herseth, Mrs. Davis of California, Mr. Renzi, Mr. Holt, Mr. Rothman,
Mr. Baird, Mr. Nadler, Mr. Kucinich, Mr. Schiff, Ms. Schakowsky, Mr.
Michaud, Mr. Shays, Mr. Kind, Mr. Rahall, Mr. Bonner, Mr. Souder, Mr.
Bachus, Mr. Fattah, Mr. Waxman, Mr. Gene Green of Texas, Mr. McIntyre,
Mrs. Jones of Ohio, Ms. Eshoo, Mr. Moore of Kansas, Mr. Blumenauer, Mr.
Kirk, Ms. Zoe Lofgren of California, Mr. Cardin, Mrs. Jo Ann Davis of
Virginia, Mr. Goode, Mr. Burgess, Mr. Boucher, Mr. Scott of Virginia,
Mr. Ford, Mrs. Maloney, Mr. Rogers of Michigan, Mr. Wynn, Mr. Peterson
of Minnesota, Mr. Ruppersberger, Ms. Hooley, Mr. Kennedy of Rhode
Island, and Mr. Payne
December 5, 2006
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
12, 2005]
_______________________________________________________________________
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 2006''.
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;
``(B) prevent physical self-injury or injury to
others; or
``(C) avoid placement in an institutional facility.
``(2) Aging and disability resource center.--The term
`aging and disability resource center' means an entity
administering a program established by the State, as part of
the State's system of long-term care, to provide a coordinated
system for providing--
``(A) comprehensive information on available public
and private long-term care programs, options, and
resources;
``(B) personal counseling to assist individuals in
assessing their existing or anticipated long-term care
needs, and developing and implementing a plan for long-
term care designed to meet their specific needs and
circumstances; and
``(C) consumer access to the range of publicly
supported long-term care programs for which consumers
may be eligible, by serving as a convenient point of
entry for such programs.
``(3) Child with a special need.--The term `child with a
special need' means an individual 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 injury, self-injury, or
injury to others.
``(4) Eligible state agency.--The term `eligible State
agency' means a State agency that--
``(A) administers the State's program under the
Older Americans Act of 1965, administers the State's
program under title XIX of the Social Security Act, or
is designated by the Governor of such State to
administer the State's programs under this title;
``(B) is an aging and disability resource center;
``(C) works in collaboration with a public or
private nonprofit statewide respite care coalition or
organization; and
``(D) demonstrates--
``(i) an ability to work with other State
and community-based agencies;
``(ii) an understanding of respite care and
family caregiver issues across all age groups,
disabilities, and chronic conditions; and
``(iii) the capacity to ensure meaningful
involvement of family members, family
caregivers, and care recipients.
``(5) 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.
``(6) 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.
``(7) 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.
``(8) State.--The term `State' means any of the several
States, the District of Columbia, the Virgin Islands of the
United States, the Commonwealth of Puerto Rico, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
``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 for the purposes
described in subsection (a) to eligible State agencies for which an
application is submitted 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 of the Administration on Aging and other respite care
programs within the Department of Health and Human Services to ensure
coordination of respite care services for family caregivers of children
and adults with special needs.
``(d) Application.--
``(1) Submission.--Each Governor desiring the eligible
State agency of his or her State to receive a grant or
cooperative agreement under this section shall submit an
application on behalf of such agency 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 eligible State
agency's--
``(i) ability to work with other State and
community-based agencies;
``(ii) understanding of respite care and
family caregiver issues across all age groups,
disabilities, and chronic conditions; and
``(iii) capacity to ensure meaningful
involvement of family members, family
caregivers, and care recipients;
``(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 administration,
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 eligible State
agency's State or locality, including unmet
needs and how the eligible State agency'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;
``(C) assurances that, where appropriate, the
eligible State agency will have a system for
maintaining the confidentiality of care recipient and
family caregiver records; and
``(D) a memorandum of agreement regarding the joint
responsibility for the eligible State agency's lifespan
respite program between--
``(i) the eligible State agency; and
``(ii) a public or private nonprofit
statewide respite coalition or organization.
``(e) Priority; Considerations.--When awarding grants or
cooperative agreements under this section, the Secretary shall--
``(1) give priority to eligible State agencies that the
Secretary determines show the greatest likelihood of
implementing or enhancing lifespan respite care statewide; and
``(2) give consideration to eligible State agencies that
are building or enhancing the capacity of their long-term care
systems to respond to the comprehensive needs, including
respite care needs, of their residents.
``(f) Use of Grant or Cooperative Agreement Funds.--
``(1) In general.--
``(A) Required uses of funds.--Each eligible State
agency awarded a grant or cooperative agreement under
this section shall use all or part of the funds--
``(i) to develop or enhance 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) Optional uses of funds.--Each eligible State
agency awarded a grant or cooperative agreement under
this section may use part of 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 State agency awarded a
grant or cooperative agreement under this section may carry out
the activities described in paragraph (1) directly or by grant
to, or contract with, public or private entities.
``(3) Matching funds.--
``(A) In general.--With respect to the costs of the
activities to be carried out under paragraph (1), a
condition for the receipt of a grant or cooperative
agreement under this section is that the eligible State
agency agrees to make available (directly or through
donations from public or private entities) non-Federal
contributions toward such costs in an amount that is
not less than 25 percent of such costs.
``(B) Determination of amount contributed.--Non-
Federal contributions required by subparagraph (A) may
be in cash or in kind, fairly evaluated, including
plant, equipment, or services. Amounts provided by the
Federal Government, or services assisted or subsidized
to any significant extent by the Federal Government,
may not be included in determining the amount of such
non-Federal contributions.
``(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) Maintenance of Effort.--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 may 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, 2009, 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) $30,000,000 for fiscal year 2007;
``(2) $40,000,000 for fiscal year 2008;
``(3) $53,330,000 for fiscal year 2009;
``(4) $71,110,000 for fiscal year 2010; and
``(5) $94,810,000 for fiscal year 2011.''.
Union Calendar No. 428
109th CONGRESS
2d Session
H. R. 3248
[Report No. 109-716]
_______________________________________________________________________
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.
_______________________________________________________________________
December 5, 2006
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed