CADSAW Act

II 116TH CONGRESS 2D SESSION S. 4940 To amend subtitle A of title XX of the Social Security Act to authorize direct support worker career advancement demonstration projects, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 1, 2020 Mr. KING introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend subtitle A of title XX of the Social Security Act to authorize direct support worker career advance- ment demonstration projects, and for other purposes. 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 ‘‘Career Advancement 4 for Direct Support Aid Workers Act’’ or the ‘‘CADSAW 5 Act’’. 6 VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4940.IS S4940 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4940 IS SEC. 2. DIRECT SUPPORT WORKER CAREER ADVANCEMENT 1 DEMONSTRATION PROJECTS. 2 (a) IN GENERAL.—Section 2008 of the Social Secu- 3 rity Act (42 U.S.C. 1397g) is amended— 4 (1) by adding at the end the following new sub- 5 section: 6 ‘‘(e) DIRECT SUPPORT WORKER CAREER ADVANCE- 7 MENT DEMONSTRATION PROJECTS.— 8 ‘‘(1) IN GENERAL.—The Secretary, in consulta- 9 tion with the Secretary of Labor, shall award, from 10 the amount appropriated under paragraph (4), 11 grants to eligible entities to conduct demonstration 12 projects that are designed to provide eligible individ- 13 uals with opportunities for education, training, and 14 career advancement as a personal or home care aide, 15 home health aide, or nursing assistant. 16 ‘‘(2) DEFINITIONS.—In this subsection: 17 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi- 18 ble entity’ has the meaning given such term in 19 subsection (a). 20 ‘‘(B) ELIGIBLE INDIVIDUAL.—The term 21 ‘eligible individual’ means an individual— 22 ‘‘(i) whose income does not exceed 23 200 percent of the poverty line (as defined 24 in section 2110(c)(5)) applicable to a fam- 25 ily of the size involved; and 26 VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4940.IS S4940 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4940 IS ‘‘(ii) who is employed as a personal or 1 home care aide who— 2 ‘‘(I) has at least 30 percent pa- 3 tient volume (as estimated in accord- 4 ance with a methodology established 5 by the Secretary) attributable to indi- 6 viduals who are receiving medical as- 7 sistance under title XIX; or 8 ‘‘(II) is employed by an agency 9 that is a provider of personal or home 10 care services that has at least 30 per- 11 cent of the agency’s patient volume 12 (as so estimated) attributable to such 13 individuals. 14 ‘‘(C) PERSONAL OR HOME CARE AIDE.— 15 The term ‘personal or home care aide’ has the 16 meaning given such term in subsection (b). 17 ‘‘(3) REQUIREMENTS.— 18 ‘‘(A) PRIORITIZATION OF PROJECTS THAT 19 SUPPORT RURAL AREAS, UNDERSERVED AREAS, 20 AND WOMEN AND BLACK AND LATINX INDIVID- 21 UALS.—The Secretary shall ensure that not less 22 than half of the demonstration projects sup- 23 ported by grants awarded under this subsection 24 support— 25 VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4940.IS S4940 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4940 IS ‘‘(i) eligible individuals in rural areas 1 (as defined in section 2007(f)(5)); 2 ‘‘(ii) eligible individuals in under- 3 served urban areas (including urban health 4 professional shortage areas (as defined in 5 section 332 of the Public Health Service 6 Act)); or 7 ‘‘(iii) eligible individuals who are 8 women, who are Black or Latinx individ- 9 uals, or who belong to other underserved 10 and diverse populations such as Asian, Pa- 11 cific Islander, Native American, or Alaska 12 Native communities. 13 ‘‘(B) AMOUNT OF GRANT.—In no case 14 shall the Secretary award an eligible entity a 15 grant to conduct a demonstration project under 16 this subsection in an amount that exceeds 17 $750,000 for each year that the entity conducts 18 such project. 19 ‘‘(C) REPORTS.— 20 ‘‘(i) INTERIM REPORTS.—An eligible 21 entity awarded a grant to conduct a dem- 22 onstration project under this subsection 23 shall submit interim reports to the Sec- 24 retary on the activities carried out under 25 VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4940.IS S4940 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4940 IS the project and a final report on such ac- 1 tivities upon the conclusion of the entities’ 2 participation in the project. 3 ‘‘(ii) EVALUATION.—The Adminis- 4 trator of the Health Resources and Serv- 5 ices Administration shall evaluate the dem- 6 onstration projects conducted under this 7 subsection. Such evaluation shall include 8 identification of successful activities for 9 creating opportunities for developing and 10 sustaining, particularly with respect to low- 11 income individuals and long-term workers, 12 a health or human services professions 13 workforce that has accessible opportunities 14 for career advancement, that meets high 15 standards for education, training, certifi- 16 cation, and professional development, that 17 provides increased wages and affordable 18 benefits, including health care coverage, 19 that are responsive to the workforce’s 20 needs, and that is responsive to the needs 21 of diverse racial and ethnic communities. 22 ‘‘(iii) REPORT TO CONGRESS.—Not 23 later than 1 year after the demonstration 24 projects conducted under this subsection 25 VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4940.IS S4940 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4940 IS conclude, the Secretary shall submit a final 1 report to Congress on such demonstration 2 projects that includes— 3 ‘‘(I) the result of the evaluation 4 conducted under clause (ii); and 5 ‘‘(II) such recommendations for 6 legislation or administrative actions as 7 the Secretary deems appropriate. 8 ‘‘(iv) ADDITIONAL REPORT.—Not 9 later than 1 year after the demonstration 10 projects conducted under this subsection 11 conclude, the Secretary shall submit to the 12 Committee on Health, Education, Labor, 13 and Pensions of the Senate and the Com- 14 mittee on Education and Labor of the 15 House of Representatives and make pub- 16 licly available, a report on the activities 17 and results of such projects. Such report 18 shall describe— 19 ‘‘(I) the number and geographic 20 distribution of the grants awarded 21 under this subsection; 22 ‘‘(II) the participation of under- 23 represented and economically dis- 24 advantaged participants in demonstra- 25 VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4940.IS S4940 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 4940 IS tion projects conducted under this 1 subsection; and 2 ‘‘(III) recommendations for pro- 3 gram revisions to achieve the desired 4 program outcome. 5 ‘‘(4) APPROPRIATION.—Out of any funds in the 6 Treasury not otherwise appropriated, there are ap- 7 propriated to the Secretary to carry out this sub- 8 section $5,000,000 for each of fiscal years 2021, 9 2022, and 2023.’’. 10 (b) INCENTIVE PAYMENTS FOR HOME HEALTH 11 SERVICES FURNISHED BY HOME HEALTH AIDES WHO 12 COMPLETE CERTAIN TRAINING.—Section 1834 of the So- 13 cial Security Act (42 U.S.C. 1395m) is amended by add- 14 ing at the end the following new subsection: 15 ‘‘(x) INCENTIVE PAYMENTS FOR HOME HEALTH 16 SERVICES FURNISHED BY HOME HEALTH AIDES WHO 17 COMPLETE CERTAIN TRAINING.—In the case of home 18 health services furnished on or after October 1, 2020, by 19 a home health aide who has successfully completed edu- 20 cation or training under a Direct Support Worker Career 21 Advancement demonstration project under section 22 2008(e), in addition to the amount of payment that would 23 otherwise be made for such services under this part, there 24 VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4940.IS S4940 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 4940 IS also shall be paid an amount equal to 25 percent of the 1 payment amount for the service under this part.’’. 2 Æ VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S4940.IS S4940 pbinns on DSKJLVW7X2PROD with BILLS