[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

120 STAT. 3291

Public Law 109-442
109th Congress

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.  NOTE: Dec. 21, 2006 -  [H.R. 3248]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress  NOTE: Lifespan Respite Care Act
of 2006. 42 USC 201 note.  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.  NOTE: 42 USC 300ii.  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

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120 STAT. 3292

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.  NOTE: Inter- governmental relations. 42 USC 300ii-
1.  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).

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120 STAT. 3293

``(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

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120 STAT. 3294

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.

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120 STAT. 3295

``(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.  NOTE: 42 USC 300ii-2.  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.  NOTE: 42 USC 300ii-3.  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--

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120 STAT. 3296

``(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.  NOTE: 42 USC 300ii-4.  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.''.
SEC. 3. GAO REPORT ON LIFESPAN RESPITE CARE PROGRAMS.

Not  NOTE: Evaluation.  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.

Approved December 21, 2006.

LEGISLATIVE HISTORY--H.R. 3248:
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HOUSE REPORTS: No. 109-716 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 6, considered and passed House.
Dec. 8, considered and passed Senate.