[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3248 Enrolled Bill (ENR)]
H.R.3248
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
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,

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This Act may be cited as the ``Lifespan Respite Care Act of 2006''.

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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.''.

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Not later than January 1, 2011,  the Comptroller General of the
United States shall conduct an evaluation and submit a report to the
Congress on the effectiveness of lifespan respite programs, including
an analysis of cost benefits and improved efficiency in service
delivery.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Lifespan Respite Care Act of 2006 — HR. 3248

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