Sec. 403. National Direct Care Professional Compensation Advisory Council
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/bill/118/hr/7994/ih/section-403·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall convene a National Direct Care Professional Compensation Advisory Council to advise and provide recommendations, including identified best practices, to the Secretary on compensating direct care professionals. The members of the Advisory Council shall consist of— the appointed members under paragraph (2); and the Federal members under paragraph (3). In addition to the Federal members under paragraph (3), the Secretary shall appoint not more than 15 voting members of the Advisory Council who are not representatives of Federal departments or agencies and who shall include at least 1 representative of each of the following:
Direct care professionals. Older individuals eligible for long-term care services under a State Medicaid program. People with disabilities. Health care and social service providers. Employers of direct care professionals. State and local officials responsible for direct care professional policies in their jurisdictions. Accreditation bodies responsible for accrediting direct care professionals. Veterans who are older individuals or people with disabilities. Organizations representing workers, including labor organizations.
As appropriate, other experts in direct care and advocacy organizations for the direct care professional workforce. The Federal members of the Advisory Council, who shall be nonvoting members, shall consist of the following: The Administrator of the Centers for Medicare & Medicaid Services (or the Administrator’s designee). The Administrator of the Administration for Community Living (or the Administrator’s designee who has experience in both aging and disability). The Secretary of Veterans Affairs (or the Secretary’s designee).
The Secretary of Labor (or the Secretary’s designee). The Administrator of the Health Resources and Services Administration (or the Administrator’s designee). The heads of other Federal departments or agencies (or their designees), including relevant departments or agencies that oversee labor and workforce, economic, government financial policies, community service, and other impacted populations, as appointed by the Secretary or the Chair of the Advisory Council. The Secretary shall ensure that the membership of the Advisory Council reflects the diversity of direct care professionals and individuals eligible for long-term care services under a State Medicaid program.
The Advisory Council shall meet quarterly during the 1-year period beginning on the date of enactment of this Act and at least 3 times during each year thereafter. Meetings of the Advisory Council shall be open to the public. A member of the Advisory Council who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission.
A member of the Advisory Council who is not an officer or employee of the Federal Government shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. A member of the Advisory Council who is not an officer or employee of the Federal Government shall be permitted expenses for child care during the period for which they are required to meet with the Advisory Council or travel to and from meetings of the Advisory Council.
A member of the Advisory Council who is not an officer or employee of the Federal Government shall be permitted expenses for technology necessary to participate in activities of the Advisory Council. Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Advisory Council shall submit to the Secretary, 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 report concerning the development, maintenance, and updating of the Strategy, including a description of the outcomes of the recommendations and any priorities included in the initial report pursuant to paragraph (2), as appropriate.
The Advisory Council’s initial report under paragraph
(1)shall include— an inventory and assessment of all federally funded efforts to compensate direct care professionals and the outcomes of such efforts, including analyses of the extent to which federally funded efforts are reaching direct care professionals and gaps in such efforts; recommendations— to improve and better coordinate Federal programs and activities to compensate direct care professionals, as well as opportunities to improve the coordination of such Federal programs and activities with State programs; and to effectively deliver services based on the performance, mission, and purpose of a program while eliminating redundancies, avoiding unnecessary duplication and overlap, and ensuring the needs of direct care professionals are met; the identification of challenges faced by direct care professionals, including financial, health, and other challenges, and existing approaches to address such challenges; and an evaluation of how the status of the direct care professional workforce affects the Medicare program, the Medicaid program, and other Federal programs. Chapter 10 of title 5, United States Code, shall not apply to the Advisory Council.