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II
113th CONGRESS
2d Session
S. 2251
IN THE SENATE OF THE UNITED STATES
April 10, 2014
Mr. Casey (for himself and Mr. Franken) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To amend the Older Americans Act of 1965 to develop and test an expanded and advanced role for
direct care workers who provide long-term services and supports to older
individuals in efforts to coordinate care and improve the efficiency of
service delivery.
1.
Short
title
This Act may be cited as
the Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2014.
2.
Findings
Congress finds the following:
(1)
As of 2012, more
than 41,000,000 Americans are age 65 or older. More than 75 percent of
them
suffer from chronic conditions which require person-centered,
coordinated care that helps them to live in a home- or community-based
setting.
In 2012, the Government Accountability Office found that 34 percent of
Americans 60 and older reported
needing assistance
performing Activities of Daily
Living.
(2)
Direct-care
workers (referred to in this section as DCWs) provide an estimated
70 to 80 percent of the paid hands-on long-term care and personal
assistance
received by elders and people with disabilities or other chronic
conditions in
the United States. These workers help their clients bathe, dress, and
negotiate
a host of other daily tasks. They are a lifeline for those they serve, as
well
as for families and friends struggling to provide quality care.
(3)
Eldercare and
disability services positions account for nearly one-third of the
18,000,000
health care jobs in the United States. The direct-care workforce alone
accounts
for more than 4,000,000 jobs, expected to add 1,600,000 new
positions by 2020.
(4)
The majority of
DCWs are now employed in home- and community-based settings, and not in
institutional settings such as nursing care facilities or hospitals. By
2020,
home- and community-based DCWs are likely to outnumber facility workers by
more than 2 to 1.
(5)
A 2008 Institute
of Medicine report, entitled Re-tooling for an Aging America: Building
the Health Care Workforce, called for new models of care delivery and
coordination, and dedicated a chapter to the central importance of the
direct-care workforce in a re-tooled eldercare delivery
system.
(6)
An Institute of
Medicine report on the future of nursing, released in October of 2010,
recommended nurses should practice to the full extent of their education
and
training. The report also states that all health care professionals should
work
collaboratively in team-based models, and that the goal should be to
encourage
care models that use every member of the team to the full capacity of his
or
her training and skills.
(7)
The Patient
Protection and Affordable Care Act (Public Law 111–148) emphasizes the
need for
improving care and lowering costs by better coordination of care and
integration of services, particularly for consumers with multiple chronic
conditions. This will require developing new models of care for those
receiving
long-term services and supports.
3.
Demonstration
program on care coordination and service delivery
Part A of title IV of the Older Americans
Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the
following:
423.
Demonstration
program on care coordination and service delivery
(a)
Establishment
of demonstration program
(1)
In
general
The Assistant Secretary shall carry out a demonstration
program in accordance with this section. Under such program, the
Assistant
Secretary shall award grants to eligible entities to carry out
demonstration
projects that focus on care coordination and service delivery
redesign for
older individuals with chronic illness or at risk of institutional
placement
by—
(A)
designing and
testing new models of care coordination and service delivery that
thoughtfully
and effectively deploy advanced aides to improve efficiency and
quality of care
for frail older individuals; and
(B)
giving
direct-care workers opportunities for career advancement through
additional
training, an expanded role, and increased compensation.
(2)
Direct-care
worker
In this section, the term direct-care worker
has the meaning given that term in the 2010 Standard Occupational
Classifications of the Department of Labor for Home Health Aides
[31–1011],
Psychiatric Aides [31–1013], Nursing Assistants [31–1014], and
Personal Care
Aides [39–9021].
(b)
Demonstration
projects
The demonstration program shall be composed of 6
demonstration projects, as follows:
(1)
Two demonstration
projects shall focus on using the abilities of direct-care workers
to promote
smooth transitions in care and help to prevent unnecessary hospital
readmissions. Under these projects, direct-care workers shall be
incorporated
as essential members of interdisciplinary care coordination teams.
(2)
Two demonstration
projects shall focus on maintaining the health and improving the
health status
of those with multiple chronic conditions and long-term care needs.
Under these
projects, direct-care workers shall assist in monitoring health
status,
ensuring compliance with prescribed care, and educating and
coaching the older
individual involved and any family caregivers.
(3)
Two demonstration
projects shall focus on training direct-care workers to take on
deeper clinical
responsibilities related to specific diseases, including
Alzheimer’s and
dementia, congestive heart failure, and diabetes.
(c)
Eligible
entity
In this section, the term eligible entity
means a consortium that consists of—
(1)
at least
1—
(A)
long-term care
and rehabilitation facility; or
(B)
home personal
care service provider; and
(2)
at least
1—
(A)
hospital or
health system;
(B)
labor
organization or labor-management partnership;
(C)
community-based
aging service provider;
(D)
patient-centered
medical home;
(E)
federally
qualified health center;
(F)
managed care
entity, including a managed health and long-term care program;
(G)
entity that
provides health services training;
(H)
State-based
public entity engaged in building new roles and related curricula
for
direct-care workers; or
(I)
any other entity
that the Assistant Secretary deems eligible based on integrated
care
criteria.
(d)
Application
To
be eligible to receive a grant under this section, an eligible
entity shall
submit to the Assistant Secretary an application at such time, in
such manner,
and containing such information as the Secretary may require, which
shall
include—
(1)
a description of
the care coordination and service delivery models of the entity,
detailed on a
general, organizational, and staff level;
(2)
a description of
how the demonstration project carried out by the entity will
improve care
quality, including specific objectives and anticipated outcomes
that will be
used to measure success; and
(3)
a description of
how the coordinated care team approach with an enhanced role for
the
direct-care worker under the demonstration project will increase
efficiency and
cost effectiveness compared to past practice.
(e)
Planning awards
under demonstration program
(1)
In
general
Each eligible entity that receives a grant under this
section shall receive a grant for planning activities related to
the
demonstration project to be carried out by the entity, including—
(A)
designing the
implementation of the project;
(B)
identifying
competencies and developing curricula for the training of
participating
direct-care workers;
(C)
developing
training materials and processes for other members of the
interdisciplinary
care team;
(D)
articulating a
plan for identifying and tracking cost savings gained from
implementation of
the project and for achieving long-term financial sustainability;
and
(E)
articulating a
plan for evaluating the project.
(2)
Amount and
term
(A)
Total
amount
The amount awarded under paragraph (1) for all grants
shall not exceed $600,000.
(B)
Term
Activities
carried out under a grant awarded under paragraph (1) shall be
completed not
later than 1 year after the grant is awarded.
(f)
Implementation
awards under demonstration program
(1)
In
general
Each eligible entity may receive a grant for
implementation activities related to the demonstration project to
be carried
out by the entity, if the Assistant Secretary determines the
entity—
(A)
has successfully
carried out the activities under the grant awarded under subsection
(e);
(B)
offers a feasible
plan for long-term financial sustainability;
(C)
has constructed a
meaningful model of advancement for direct-care workers; and
(D)
aims to provide
training to a sizeable number of direct-care workers and to serve a
sizeable
number of older individuals.
(2)
Use of
funds
The implementation activities described under paragraph (1)
shall include—
(A)
training of all
care team members in accordance with the design of the
demonstration project;
and
(B)
evaluating the
competency of all staff based on project design.
(3)
Evaluation and
report
(A)
Evaluation
Each
recipient of a grant under paragraph (1), in consultation with an
independent
evaluation contractor, shall evaluate—
(i)
the impact of
training and deployment of direct-care workers in advanced roles,
as described
in this section, within each participating entity on outcomes, such
as
direct-care worker job satisfaction and turnover, beneficiary and
family
caregiver satisfaction with services, rate of hospitalization of
beneficiaries,
and additional measures determined by the Secretary;
(ii)
the impact of
such training and deployment on the long-term services and supports
delivery
system and resources;
(iii)
statement of
the potential of the use of direct-care workers in advanced roles
to lower cost
and improve quality of care in the Medicaid program; and
(iv)
long-term
financial sustainability of the model used under the grant and the
impact of
such model on quality of care.
(B)
Reports
Not
later than 180 days after completion of the demonstration program
under this
section, each recipient of a grant under paragraph (1) shall submit
to the
Secretary a report on the implementation of activities conducted
under the
demonstration project, including—
(i)
the outcomes,
performance benchmarks, lessons learned from the project;
(ii)
a statement of
cost savings gained from implementation of the project and how the
cost savings
have been reinvested to improve direct-care job quality and quality
of care;
and
(iii)
results of the
evaluation conducted under subparagraph (A) with respect to such
activities,
together with such recommendations for legislation or
administrative action for
expansion of the demonstration program on a broader scale as the
Secretary
determines appropriate.
(4)
Amount and
term
(A)
Total
amount
The amount awarded under paragraph (1) for all grants
shall not exceed $2,900,000.
(B)
Term
Activities
carried out under a grant awarded under paragraph (1) shall be
completed not
later than 3 years after the grant is
awarded.
.