Care Corps Demonstration Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8511 To provide grants for local care corps programs. IN THE HOUSE OF REPRESENTATIVES OCTOBER 2, 2020 Mrs. DINGELL (for herself, Mr. GALLEGO, Mr. LUJA´N, Ms. BLUNT ROCH- ESTER, Ms. HAALAND, Ms. TORRES SMALL of New Mexico, and Ms. ROYBAL-ALLARD) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide grants for local care corps programs. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Care Corps Dem- 4 onstration Act of 2020’’. 5 SEC. 2. GRANTS FOR LOCAL CARE CORPS PROGRAMS. 6 Part D of title III of the Public Health Service Act 7 (42 U.S.C. 254b et seq.) is amended by adding at the end 8 the following: 9 VerDate Sep 11 2014 03:29 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8511.IH H8511 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8511 IH ‘‘Subpart XIII—Local Care Corps Programs 1 ‘‘SEC. 340J. GRANTS FOR LOCAL CARE CORPS PROGRAMS. 2 ‘‘(a) IN GENERAL.—The Secretary may award grants 3 to eligible entities described in subsection (b) to establish 4 and implement a local care corps program through which 5 eligible volunteers described in subsection (c) perform ap- 6 proved care services described in subsection (d). 7 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 8 a grant under this section, an entity shall be a public or 9 private nonprofit entity (including any such entity that is 10 faith-based) that is— 11 ‘‘(1) part of an aging network, as defined in 12 section 102(5) of the Older Americans Act of 1965; 13 ‘‘(2) a time-banking or volunteer organization 14 that has expertise in delivering home- and commu- 15 nity-based long-term services and supports to older 16 adults or people with disabilities; 17 ‘‘(3) a State, county, Tribal, or local govern- 18 ment; 19 ‘‘(4) a center for independent living (as defined 20 in section 702 of the Rehabilitation Act of 1973); or 21 ‘‘(5) any other entity that— 22 ‘‘(A) has expertise in delivering home- and 23 community-based long-term services and sup- 24 ports to older adults or people with disabilities; 25 or 26 VerDate Sep 11 2014 03:29 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8511.IH H8511 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8511 IH ‘‘(B) partners with an organization with 1 such expertise. 2 ‘‘(c) ELIGIBLE VOLUNTEERS.— 3 ‘‘(1) ELIGIBILITY CRITERIA.—To be eligible to 4 serve as a volunteer in a local care corps program 5 funded through a grant under this section, an indi- 6 vidual shall— 7 ‘‘(A) be at least 18 years of age on or be- 8 fore December 31 of the calendar year in which 9 the individual begins participation in the pro- 10 gram; 11 ‘‘(B) agree to participate in the program 12 for a period of not more than 2 years, con- 13 sisting of not more than 2 terms of up to 1 14 year each; 15 ‘‘(C) submit an application to the grantee 16 at such time, in such manner, and containing 17 such information as the grantee may require; 18 ‘‘(D) pass a criminal background check as 19 described in paragraph (2); and 20 ‘‘(E) agree to comply with such terms and 21 conditions as the grantee may require. 22 ‘‘(2) CRIMINAL BACKGROUND CHECK.— 23 ‘‘(A) IN GENERAL.—Before selecting any 24 individual to serve as a volunteer in a local care 25 VerDate Sep 11 2014 03:29 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8511.IH H8511 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8511 IH corps program funded through a grant under 1 this section, the grantee shall request a criminal 2 background check of such individual, to be per- 3 formed under similar terms and conditions as 4 background checks performed pursuant to the 5 pilot program under section 307 of the Medi- 6 care Prescription Drug, Improvement, and 7 Modernization Act of 2003. 8 ‘‘(B) VOLUNTEER PROHIBITIONS.—An in- 9 dividual shall be ineligible to be a volunteer in 10 such program if— 11 ‘‘(i) the individual refuses to consent 12 to the criminal background check; or 13 ‘‘(ii) the criminal background check 14 does not demonstrate to the grantee’s sat- 15 isfaction that the individual is fit for serv- 16 ice in such program. 17 ‘‘(d) APPROVED CARE SERVICES.— 18 ‘‘(1) IN GENERAL.—In carrying out a local care 19 corps program funded through a grant under this 20 section, the grantee shall assign volunteers only for 21 providing approved care services. 22 ‘‘(2) APPROVED CARE SERVICES.—Approved 23 care services are services provided directly to individ- 24 VerDate Sep 11 2014 03:29 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8511.IH H8511 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8511 IH uals in need (as defined in paragraph (5)) in home- 1 based or community-based settings that— 2 ‘‘(A) result in person-to-person, supportive 3 relationships with each individual served; 4 ‘‘(B) support the achievement and mainte- 5 nance of the highest level of independent living 6 for each individual in need; 7 ‘‘(C) are supported by appropriate orienta- 8 tion, training, and professional supervision; 9 ‘‘(D) are provided in support of, or in co- 10 ordination with, a caregiver, if applicable; and 11 ‘‘(E) support the autonomy, control, and 12 choice of each individual served. 13 ‘‘(3) PROHIBITED SERVICES.—In performing 14 duties as part of a local care corps program funded 15 through a grant under this section, no volunteer 16 shall provide— 17 ‘‘(A) professional health care services; 18 ‘‘(B) monitoring of and assistance with ac- 19 tivities of daily living; 20 ‘‘(C) administrative support services of the 21 program; 22 ‘‘(D) care in an institutional setting; 23 ‘‘(E) care prohibited under State law; 24 ‘‘(F) financial services; 25 VerDate Sep 11 2014 03:29 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8511.IH H8511 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8511 IH ‘‘(G) care that the volunteer has not been 1 properly trained to provide; or 2 ‘‘(H) any other services determined by the 3 Secretary to be inconsistent with the purposes 4 of local care corps programs funded under this 5 section. 6 ‘‘(4) GUIDANCE REGARDING SCOPE OF SERV- 7 ICES.—The Secretary shall issue guidance describing 8 the scope of services that may be provided by volun- 9 teers as part of a local care corps program funded 10 through a grant under this section. In issuing such 11 guidance, the Secretary shall provide for a public no- 12 tice and comment period of not less than 60 days 13 before issuing the guidance in final form. 14 ‘‘(5) INDIVIDUAL IN NEED.—In this subsection, 15 the term ‘individual in need’ means an individual 16 who— 17 ‘‘(A) is at least 60 years of age or has a 18 disability as defined in section 3 of the Ameri- 19 cans with Disabilities Act of 1990; 20 ‘‘(B) has difficulty with self-care or living 21 independently; and 22 ‘‘(C) meets such other criteria as the 23 grantee determines to be appropriate. 24 ‘‘(e) TRAINING AND STANDARDS OF CONDUCT.— 25 VerDate Sep 11 2014 03:29 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8511.IH H8511 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8511 IH ‘‘(1) PREASSIGNMENT TRAINING PROGRAM.—As 1 a condition of receipt of a grant for a local care 2 corps program under this section, an eligible entity 3 shall agree to develop a training program that pro- 4 vides volunteers in such program with instruction in 5 the skills necessary to carry out an assignment in 6 the program. Such training shall include— 7 ‘‘(A) at least 40 hours of instruction for 8 each volunteer for each term (of 1 year or less) 9 to be served in such program, including— 10 ‘‘(i) training in cardiopulmonary re- 11 suscitation (CPR) and basic first aid; and 12 ‘‘(ii) training in how to recognize and 13 report neglect, abuse, or exploitation; 14 ‘‘(B) additional training for volunteers 15 whose assignment requires further instruction 16 to care for specific dementias and disabilities; 17 and 18 ‘‘(C) any other training the grantee deter- 19 mines to be appropriate. 20 ‘‘(2) STANDARDS OF CONDUCT.—As a condition 21 of receipt of a grant for a local care corps program 22 under this section, an eligible entity shall agree to 23 establish and enforce standards to promote proper 24 conduct and discipline within such program. 25 VerDate Sep 11 2014 03:29 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8511.IH H8511 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8511 IH ‘‘(f) AUTHORIZED BENEFITS FOR VOLUNTEERS.—As 1 a condition of receipt of a grant for a local care corps 2 program under this section, an eligible entity shall agree 3 to the following: 4 ‘‘(1) IN GENERAL.—The eligible entity will pro- 5 vide for volunteers participating in the program to 6 receive allowances, health insurance, and postservice 7 educational awards, in accordance with this sub- 8 section. 9 ‘‘(2) ALLOWANCES.— 10 ‘‘(A) AUTHORIZATION.—The eligible entity 11 will provide for each full-time volunteer to re- 12 ceive such living, travel, and leave allowances, 13 and such housing, transportation, supplies, 14 equipment, and subsistence as the eligible entity 15 determines to be necessary for— 16 ‘‘(i) the volunteer’s maintenance; and 17 ‘‘(ii) to ensure the volunteer’s health 18 and capacity to serve effectively. 19 ‘‘(B) PRORATING LIVING ALLOWANCE FOR 20 PART-TIME VOLUNTEERS.—The amount pro- 21 vided as a living allowance under this sub- 22 section shall be prorated in the case of a partic- 23 ipant who is not a full-time volunteer. 24 VerDate Sep 11 2014 03:29 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8511.IH H8511 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8511 IH ‘‘(C) TREATMENT.—An allowance provided 1 to a volunteer pursuant to this paragraph shall 2 not be considered income for the purposes of 3 determining eligibility for or benefit levels under 4 any Federal or federally assisted program based 5 on need. 6 ‘‘(3) HEALTH INSURANCE.—The eligible entity 7 will provide access to health insurance coverage that 8 qualifies as minimum essential health coverage 9 under section 5000A(f) of the Internal Revenue 10 Code of 1986 for each volunteer who is not other- 11 wise enrolled in minimum essential health coverage. 12 ‘‘(4) POSTSERVICE EDUCATIONAL AWARD.— 13 ‘‘(A) IN GENERAL.—The eligible entity will 14 establish an educational award for volunteers. 15 ‘‘(B) AMOUNTS.— 16 ‘‘(i) NUMBER OF AWARDS.—A volun- 17 teer may receive up to 2 educational 18 awards under this subsection, one for each 19 term of service as a volunteer. 20 ‘‘(ii) AMOUNT FOR FULL TERM OF 21 SERVICE.—In the case of a volunteer who 22 completes a term of full-time service in the 23 program for a period of 1 year, as deter- 24 mined by the eligible entity, such volunteer 25 VerDate Sep 11 2014 03:29 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8511.IH H8511 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 8511 IH shall receive an educational award having a 1 value equal to the maximum amount of a 2 Federal Pell Grant under section 401 of 3 the Higher Education Act of 1965 that a 4 student eligible for such grant may receive 5 in the aggregate (without regard to wheth- 6 er the funds are provided through discre- 7 tionary or mandatory appropriations) for 8 the award year. 9 ‘‘(iii) INCENTIVE TO PURSUE A 10 HEALTH CARE PROFESSION.— 11 ‘‘(I) INCENTIVE.—In the case of 12 a volunteer who commits to using an 13 educational award (or awards, if ap- 14 plicable) under this subsection for 15 completion of a degree, a certificate, 16 or training in a health care profession, 17 or in a social services profession re- 18 lated to the delivery of long-term serv- 19 ices and supports to older adults or 20 people with disabilities or to their 21 caregivers, the value of such awards 22 shall be twice the value that would 23 otherwise be applicable under clause 24 (ii). The eligible entity may allow the 25 VerDate Sep 11 2014 03:29 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8511.IH H8511 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 8511 IH volunteer to revise such commitment 1 by choosing to complete a different 2 such degree, certificate, or training 3 than the volunteer originally intended. 4 ‘‘(II) BREACH OF COMMIT- 5 MENT.—If a volunteer receives an in- 6 centive payment under subclause (I) 7 by committing to completion of a de- 8 gree, a certificate, or training, and the 9 volunteer subsequently fails after a 10 reasonable period to fulfill the com- 11 mitment, the volunteer shall be liable 12 to the eligible entity for the portion of 13 the educational award that is attrib- 14 utable to such incentive payment. 15 ‘‘(iv) AMOUNT FOR OTHER PERIODS 16 OF SERVICE.— 17 ‘‘(I) FIRST YEAR.—In the case of 18 a volunteer who completes less than a 19 1-year term of full-time service in the 20 program, as determined by the eligible 21 entity, such volunteer may receive a 22 portion of the educational award de- 23 scribed in clause (ii) or (iii) (as appli- 24 cable) that corresponds to the quan- 25 VerDate Sep 11 2014 03:29 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8511.IH H8511 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 8511 IH tity of service actually completed by 1 the volunteer. 2 ‘‘(II) SECOND YEAR.—In the 3 case of a volunteer who completes 4 more than 1 year of full-time service 5 in the program, and less than 2 years 6 of such service, as determined by the 7 eligible entity, such volunteer may re- 8 ceive, for the portion of service ex- 9 ceeding 1 year, a portion of the edu- 10 cational award described in clause (ii) 11 or (iii) (as applicable) that cor- 12 responds to the quantity of service ac- 13 tually completed by the volunteer. 14 ‘‘(v) LIMITATION.—In no case shall 15 the amount of an educational award under 16 this subsection exceed the actual cost of at- 17 tendance described in subparagraph (C)(i) 18 or the actual cost of loans described in 19 subparagraph (C)(ii), as applicable. 20 ‘‘(C) USES OF AWARD.—An educational 21 award under this subsection shall be used to 22 pay— 23 ‘‘(i) costs of attendance at an institu- 24 tion of higher education; 25 VerDate Sep 11 2014 03:29 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8511.IH H8511 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 8511 IH ‘‘(ii) costs of attendance for edu- 1 cational and training programs as deter- 2 mined by the Secretary; or 3 ‘‘(iii) government or commercial loans 4 received by an individual for the cost of at- 5 tendance at an institution of higher edu- 6 cation. 7 ‘‘(5) TRANSFER OF EDUCATIONAL A [Text truncated for display. 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