Sec. 402. National Direct Care Professional Compensation Strategy
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The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop jointly with the Advisory Council and submit to the appropriate committees of Congress, and the State agencies responsible for carrying out direct care professional programs, and make publicly available on the internet website of the Department of Health and Human Services, a National Direct Care Professional Compensation Strategy. The Strategy shall identify recommended actions that the Federal Government (under existing Federal programs), State and local governments, communities, health care providers, including direct care professionals and others, are taking, or may take, to provide direct care professionals a livable wage, including recommendations on— how to calculate the fair cost of labor provided by direct care professionals; how State Medicaid agencies, managed care organizations, and other public payers should establish policies and procedures to ensure the direct care professional workforce is compensated at the full cost of their labor; how to set clear expectations for employers of direct care professionals with respect to compensation for such professionals; and how to ensure additional training and certification is tied to increased compensation for such professionals.
The recommendations under paragraph
(1)shall take into account— the particular challenges of the direct care professional workforce, including— the largely part-time nature of the work; the mobile or transient nature of positions in the direct care professional workforce; precarity due to race, ethnicity, sexual orientation, gender identity, and immigration status; and any decrease in public benefits that direct care professionals may experience following an increase in wages; and strategies for wage enhancement for direct care professionals. The Secretary, in carrying out subsection (a), shall oversee the following: Collecting and making publicly available information submitted by the Advisory Council under section 403(e) to the appropriate committees of Congress, and the State agencies responsible for carrying out direct care professional programs, including evidence-based or promising practices and innovative models (both domestic and foreign) regarding compensation for direct care professionals. Coordinating and assessing existing Federal Government programs and activities to compensate direct care professionals while ensuring maximum effectiveness and avoiding unnecessary duplication. Providing technical assistance, as appropriate, such as disseminating identified best practices and information sharing based on reports provided under section 403(e), to State or local efforts to compensate direct care professionals. The Secretary shall— not later than 18 months after the date of enactment of this Act, develop, publish, and submit to the appropriate committees of Congress, and the State agencies responsible for carrying out direct care professional programs, an initial Strategy incorporating the items addressed in the Advisory Council’s initial report under section 403(e) and other relevant information, including best practices, for compensating direct care professionals; and biennially update, republish, and submit to the appropriate committees of Congress and the State agencies responsible for carrying out direct care professional programs the Strategy, taking into account the most recent annual report submitted under section 403(e)(1)— to reflect new developments, challenges, opportunities, and solutions; and to review progress based on recommendations for compensating direct care professionals in the Strategy and, based on the results of such review, recommend priority actions for improving the implementation of such recommendations, as appropriate. The Secretary shall establish a process for public input to inform the development of, and updates to, the Strategy, including a process for the public to submit recommendations to the Advisory Council and an opportunity for public comment on the proposed Strategy. Nothing in this title preempts any authority of a State or local government to compensate direct care professionals. Nothing in this title shall be construed to permit the Secretary (through regulation, guidance, grant criteria, or otherwise) to— mandate, direct, or control the allocation of State or local resources; mandate the use of any of the best practices identified in the reports required under this title; or otherwise expand the authority of the Secretary beyond that expressly provided to the Secretary in this title. There is authorized to be appropriated for the advisory committee $100,000 for each of years 2025 through 2029.