Sec. 304. Project plans

1,973 words·~9 min read·/bill/118/hr/1493/ih/section-304

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

An eligible entity seeking a grant under this title shall submit to the Secretary a project plan for each project to be developed and carried out (or for activities to be continued as described in section 303(b)) with the grant at such time, in such manner, and containing such information as the Secretary may require. A project plan submitted by an eligible entity under subsection

(a)shall include a description of information determined relevant by the Secretary for purposes of the category of the grant and the activities to be carried out through the grant. Such information may include (as applicable) the following: The demographics (as defined in section 2) of 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 disabilities and older adults. Projections of unmet need for services provided by direct care professionals 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 of such Act ( 42 U.S.C. 1396n ) and other relevant data to the extent practicable and feasible, such as direct care workforce vacancy rates, crude separation rates, and the number of direct care professionals, including such professionals who are managers or supervisors, in the region. An advisory committee to advise the eligible entity on activities to be carried out through the grant. Such advisory committee— may be comprised of entities listed in paragraph (12); and shall include— older adults or persons with a disability; organizations representing the rights and interests of people receiving services by the direct care professionals or family caregivers targeted by the project; individuals who are direct care professionals or family caregivers targeted by the project and organizations representing the rights and interests of direct care professionals or family caregivers; as applicable, employers of individuals described in clause

(iii)and labor organizations representing such individuals; representatives of the State Medicaid agency, the State agency defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), the State developmental disabilities office, and the State behavioral health agency, in the State (or each State) to be served by the project; and representatives reflecting diverse racial, cultural, ethnic, geographic, socioeconomic, and gender identity and sexual orientation perspectives. Current or projected job openings for, or relevant labor market information related to, the direct care professionals targeted by the project 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 the direct care professionals targeted by the project, including an assurance that such efforts will include— an assessment of the wages or other compensation or benefits necessary to recruit and retain the direct care professionals targeted by the project; a description of the project’s projected compensation or benefits for the direct care professionals targeted by the project at the State or local level, including a comparison of such projected compensation or benefits to regional and national compensation or benefits and a description of how wages and benefits received by project participants will be impacted by the participation in and completion of the project; and a description of the projected impact of workplace safety issues on the recruitment and retention of direct care professionals targeted by the project, including the availability of personal protective equipment. In the case of a project offering an education or training program for direct care professionals, a description of such program (including how the core competencies identified by the Centers for Medicare & Medicaid Services will be incorporated, 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 home and community-based services, including their rights to— receive services in integrated settings that provide access to the broader community; exercise self-determination; be free from all forms of abuse, neglect, or exploitation; and person-centered planning and practices, including participation in planning activities; relevant training to ensure that each project participant has the necessary skills to recognize abuse and understand their obligations with regard to reporting and responding to abuse appropriately in accordance with relevant Federal and State law; relevant training regarding the provision of culturally competent and disability competent supports to recipients of services provided by the direct care professionals targeted by the project; an apprenticeship program, work-based learning, or on-the-job training opportunities; supervision or mentoring; and for any 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. Any other innovative models or processes the eligible entity will implement to support the retention and career advancement of the direct care professionals targeted by the project. The supportive services and benefits to be provided to the project participants in order to support the employment, retention, or career advancement of the direct care professionals targeted by the project. How the eligible entity will make use of career planning to support the identification of advancement opportunities and career pathways for the direct care professionals 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, including a safe work environment free from discrimination, which may include the provision of personal protective equipment and other necessary equipment to prevent the spread of infectious disease among the direct care professionals targeted by the project and recipients of services provided by such professionals; incorporate remote training and education opportunities or technology-supported opportunities; for training and education curricula, incorporate evidenced-supported practices for adult learners and universal design for learning and ensure recipients of services provided by the direct care professionals or family caregivers targeted by the project participate in the development and implementation of such training and education curricula; use outreach, recruitment, and retention strategies designed to reach and retain a diverse workforce; incorporate methods to monitor satisfaction with project activities for project participants and individuals receiving services from such participants; incorporate evidence-supported practices for family caregiver engagement; and incorporate core competencies identified by the Centers for Medicare & Medicaid Services; and may incorporate continuing education programs and specialty training, with a specific focus on— trauma-informed care; behavioral health, including co-occurring behavioral health conditions and intellectual or developmental disabilities; Alzheimer’s and dementia care; chronic disease management; and the use of supportive or assistive technology. How the eligible entity will consult on the implementation of the project, or coordinate the project with, each of the following entities, to the extent that each such entity is not the eligible entity: The State Medicaid agency, State agency defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), and the State developmental disabilities office for the State (or each State) to be served by the project. The local board and State board for each region, or State, to be served by the project. In the case of a project that carries out an education or training program, a nonprofit organization with demonstrated experience in the development or delivery of curricula or coursework. A nonprofit organization, including a labor organization, that fosters the professional development and collective engagement of the direct care professionals targeted by the project. Area agencies on aging, as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). 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 Council on Developmental Disabilities (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. )) for the State (or each State) to be served by the project. 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 the direct care professionals targeted by the project, where such associations exist. An entity that employs the direct care professionals targeted by the project. University Centers for Excellence in Developmental Disabilities Education, Research, and Services supported under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061 et seq. ). The State protection and advocacy system described in section 143 of such Act ( 42 U.S.C. 15043 ) of the State (or each State) to be served by the project. Direct care professionals or direct care workforce organizations representing underserved communities, including communities of color. How the eligible entity will consult throughout the project with— individuals employed or working as the direct care professionals or family caregivers targeted by the project; representatives of such professionals or caregivers; individuals assisted by such professionals or caregivers; the families of such professionals or caregivers; and individuals receiving education or training to become such professionals or caregivers. 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 title, the Secretary shall ensure— equitable geographic diversity, including by selecting recipients serving rural areas and selecting recipients serving urban areas; and that selected eligible entities will serve areas where the occupation of direct care professional, or a related occupation, is an in-demand industry sector or occupation. Each eligible entity receiving a grant under this title shall use the funds of such grant to carry out at least 1 project described in section 303(a)(2). Each eligible entity receiving a grant under this title shall not use more than 5 percent of the funds of such grant for costs associated with the administration of activities under this title. Each eligible entity receiving a grant under this title shall use not less than 5 percent of the funds of such grant to provide direct financial benefits or supportive services to direct care professionals and paid or unpaid family caregivers to support the financial needs of such participants during the duration of the project activities. An eligible entity receiving a grant under this title shall use such grant only to supplement, and not supplant, the amount of funds that, in the absence of such grant, would be available to address the recruitment, training and education, retention, and advancement of direct care professionals or provide support for family caregivers, in the State or region served by the eligible entity. No amounts made available under this title may be used for any activity that is subject to the reporting requirements set forth in section 203(a) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433(a) ).

Connectionstraces to 10

Traces to 10 documents

U.S. Code