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Code · BILL · 117th Congress · H.R. 2999 (Introduced in House) — To award grants for the recruitment, retention, and advancement of direct care workers. · Sec. 5

Sec. 5. Project plans; consultation

1,283 words·~6 min read·/bill/117/hr/2999/ih/section-5

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To receive a grant under this Act, an eligible entity shall submit to the Secretary a project plan for each project to be developed and carried out (or for activities to be continued) with the grant at such time and in such manner as the Secretary may determine, and which shall contain the information described in paragraph (2). A project plan submitted by an eligible entity under paragraph
(1)shall include a description of each of the following: Demographic information regarding the population in the State or relevant geographic area, including a description of the populations likely to need long-term care services, such as people with significant disabilities and the aging population. Projections of unmet need for direct care services based on enrollment waiting lists under home and community-based waivers under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) or section 1915(c) of such Act ( 42 U.S.C. 1396n(c) ) and other relevant data to the extent practicable and feasible. Current or projected job openings for, or relevant labor market information related to, direct care workers in the State or region to be served by the project, and the geographic scope of the workforce to be served by the project. Specific efforts and strategies that the project will undertake to reduce barriers to recruitment, retention, or advancement of direct care workers, including an assurance that such efforts and strategies will— be undertaken in consultation with the individuals served by the entities described in subsection (b); and include— an assessment of the wages or other compensation or benefits necessary to recruit and retain direct care workers; and a description of the project’s projected wages and other compensation or benefits for direct care workers at the State or local level, including a comparison of such projected wages to regional and national wages. In the case of a project offering an education and training program, a description of such program (including any curricula, models, and standards used under the program, and any associated recognized postsecondary credentials for which the program provides preparation, as applicable), which shall include an assurance that such program will provide to each project participant in such program— relevant training regarding the rights of recipients of direct care services, including their rights to— receive services in the most integrated setting; exercise self-determination; and be free from physical, sexual, and financial abuse; relevant training regarding the provision of culturally competent services to recipients of direct care; an apprenticeship program, work-based learning, or on-the-job training opportunities; supervision or mentoring; and for the on-the-job training portion of the program, a progressively increasing, clearly defined schedule of wages to be paid to each such participant that— is consistent with skill gains or attainment of a recognized postsecondary credential received as a result of participation in or completion of such program; and ensures the entry wage is not less than the greater of— the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a) ); or the applicable wage required by other applicable Federal or State law, or a collective bargaining agreement. If applicable, any other innovative models or processes the eligible entity will implement to support the retention and career advancement of direct care workers. The supportive services and benefits to be provided to project participants to support the retention and career advancement of employment of direct care workers. How the eligible entity will make use of career planning to support the identification of advancement opportunities and career pathways for direct care workers in the State or region to be served by the project. How the eligible entity will collect and submit to the Secretary workforce data and outcomes of the project. How the project will provide adequate and safe equipment, and facilities for training and supervision, which— may include the provision of personal protective equipment and other necessary equipment to prevent the spread of infectious disease among workers and recipients of services; and will include— a safe work environment free from discrimination; and adequate training for mentors and qualified instructors to ensure compliance with this subparagraph, including any equipment that may be provided under clause (i). How the eligible entity will consult on the implementation of the project, or coordinate the project with, the entities described in subsection (b). An assurance that the eligible entity will take such steps necessary to reduce or eliminate costs to project participants for any benefit or service provided under the project. How the eligible entity will consult with individuals employed as direct care workers, representatives of such workers, individuals assisted by such workers, and the families of such individuals throughout the project. Outreach efforts to individuals for participation in such project, including targeted outreach efforts to— individuals who are recipients of assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.) or individuals who are eligible for such assistance; and individuals with barriers to employment. In selecting eligible entities to receive a grant under this Act, the Secretary shall— ensure— equitable geographic and demographic diversity, including among rural and urban areas; and that selected eligible entities will serve areas where direct care, or a related occupation, is an in-demand industry sector or occupation; and give priority to eligible entities proposing to predominantly serve the individuals described in clauses
(i)and
(ii)of paragraph (2)(N). Each eligible entity receiving a grant under this Act shall consult on the implementation of each project assisted with such grant, or coordinate the project with— each applicable State board or local board; and to the extent practicable— institutions of higher education in the State or local areas to be served by the project; the State Apprenticeship Agency recognized under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), for the State or region to be served by the eligible entity or, if no such agency has been recognized in the State or region, the Office of Apprenticeship of the Department of Labor; one-stop centers in the State or local areas to be served by the project; the State agency responsible for administering the State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) (or waiver of the plan), or the State agency with primary responsibility for providing services and supports for individuals with intellectual disabilities and individuals with developmental disabilities; in the case of a project that carries out an education and training program, a nonprofit organization with demonstrated experience in the development or delivery of curricula or coursework; an organization that fosters the professional development and collective engagement of direct care workers, including labor organizations or joint labor-management organizations; a nonprofit organization with expertise in identifying and addressing the care needs of older individuals and individuals with disabilities and their caregivers (including area agencies on aging, as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), and centers for independent living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq.)); the State Developmental Disability Council (as such term is used in subtitle B of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15021 et seq.); Aging and Disability Resource Centers (as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 )); a nonprofit State provider association that represents providers who employ direct care workers, where such associations exist; and an entity that employs direct care workers.
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