Sec. 2. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The term apprenticeship program means an apprenticeship program registered 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. ), including any requirement, standard, or rule promulgated under such Act. The term community college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree, including Tribal Colleges or Universities receiving grants under section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ) that offer a 2-year program for completion of such degree and State public institutions of higher education that offer such a 2-year program.

The term direct care professional — means an individual who, in exchange for compensation, provides services to a person with a disability or an older individual that promotes the independence of such person or individual, including— services that enhance the independence and community inclusion for such person or individual, including traveling with such person or individual or attending and assisting such person or individual while visiting friends and family, shopping, or socializing; services such as coaching and supporting such person or individual in communicating needs, achieving self-expression, pursuing personal goals, living independently, and participating actively in employment or voluntary roles in the community; services such as providing assistance with activities of daily living (such as feeding, bathing, toileting, and ambulation) and with tasks such as meal preparation, shopping, light housekeeping, and laundry; services that support such person or individual at home, work, school, or in any other community setting; or services that promote health and wellness, including scheduling and taking such person or individual to health care appointments, communicating with health and allied health professionals administering medications, implementing health and behavioral health interventions and treatment plans, monitoring and recording health status and progress; and may include— a direct support professional supporting people with intellectual and developmental disabilities; a home and community-based services manager or direct support professional manager; a self-directed care worker; a personal care service worker; a direct care worker, as defined in section 799B of the Public Health Service Act ( 42 U.S.C. 295p ); or any other position or job related to the home care or direct care workforce, such as positions or jobs in respite care or palliative care, as determined by the Secretary, in consultation with the Center for Medicare & Medicaid Services and the Secretary of Labor.

The term direct care workforce means the broad workforce of direct care professionals. The term family caregiver has the meaning given such term in section 2 of the RAISE Family Caregivers Act ( 42 U.S.C. 3030s note; Public Law 115–119 ) and includes paid and unpaid family caregivers. The term eligible entity means an entity— that is— a State; a labor organization, joint labor-management organization, or employer of direct care professionals; a nonprofit entity with experience in aging, disability, or supporting the rights and interests of, training of, or educating direct care professionals or family caregivers; an Indian Tribe, Tribal organization, or Urban Indian organization; a community college or other institution of higher education; or a consortium of entities listed in any of clauses

(i)through (v); that agrees to include, as applicable with respect to the type of grant the entity is seeking under this Act and the activities supported through such grant, older individuals, people with disabilities, direct care professionals, and family caregivers, as advisors and trainers in such activities; and that agrees to consult with the State Medicaid agency of the State (or each State) served by the grant on the grant activities, to the extent that such agency (or each such agency) is not the eligible entity. The terms employ and employer have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 et seq. ). The terms Indian Tribe and Tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term institution of higher education means— an institution of higher education defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); or an institution of higher education defined in section 102(a)(1)(B) of such Act ( 20 U.S.C. 1002(a)(1)(B) ). The term older individual means an individual who is 60 years of age or older. The term person with disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). The term project participant means an individual participating in a project or activity assisted with a grant under this Act, including (as applicable for the category of the grant) a direct care professional, or an individual training to be such a professional, or a family caregiver. The term Secretary means the Secretary of Health and Human Services, acting through the Administrator for Community Living. The term self-directed care professional means a direct care professional who is employed by an individual who is an older individual, a person with a disability, or a representative of such older individual or person with a disability, and such older individual or person with a disability has the decision-making authority over certain supports and services provided by the direct care professional and takes direct responsibility to manage those supports and services. The term supportive services means services that are necessary to enable an individual to participate in activities assisted with a grant under this Act, such as transportation, child care, dependent care, housing, workplace accommodations, employee benefits such as paid sick leave and child care, workplace health and safety protections, wages and overtime pay, and needs-related payments. The term urban Indian organization has the meaning given the term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). The terms career pathway , career planning , in-demand industry sector or occupation , individual with a barrier to employment , local board , on-the-job training , recognized postsecondary credential , region , and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). The term work-based learning has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ).

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