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Code · BILL · 119th Congress · H.R. 8541 (Introduced in House) — To support the direct care professional workforce, and for other purposes. · Sec. 203

Sec. 203. Project plans

1,795 words·~8 min read·/bill/119/hr/8541/ih/section-203

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An eligible entity seeking a grant under this chapter shall submit to the Secretary a project plan for each project to be developed and carried out (including for activities to be continued as described in section 202(b)) with the grant. Such project plan shall be submitted 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: Demographic information regarding the population in the State, city or municipality, or region to be served by the project, including a description of the populations likely to need services provided by direct care professionals, such as people with disabilities and older individuals. 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(c) of such Act ( 42 U.S.C. 1396n(c) ) and other relevant data to the extent practicable and feasible, such as direct care professional workforce vacancy rates and crude separation rates and the number of direct care professionals, including such professionals who are managers or supervisors, in the State or region to be served by the project. An advisory committee to advise the eligible entity on activities to be carried out through the grant. Such advisory committee— shall include— older individuals and people with disabilities receiving services from the direct care professionals targeted by the project; organizations representing the rights and interests of people receiving services by the direct care professionals targeted by the project; individuals who are direct care professionals targeted by the project and organizations representing the rights and interests of such direct care professionals; 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 mental health agency, in the State (or each State) to be served by the project; parents or caregivers of children with disabilities or chronic conditions; and representatives reflecting diverse racial, cultural, ethnic, geographic, socioeconomic, and gender identity and sexual orientation perspectives; and may include any other individuals or entities listed in paragraph (12). 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 long-term care 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; 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 minimum wage required by other applicable Federal or State law, or a collective bargaining agreement; and does not use a certificate under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ). 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 direct care professional 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 evidence-supported practices for adult learners and universal design for learning and ensure recipients of services provided by the direct care professionals 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; 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; developmental disabilities or other disabilities involving mental impairment; co-occurring behavioral health conditions and a disability described in clause (iii); Alzheimer’s and dementia care; infection prevention and control measures; chronic disease management; age-related conditions; and the use of supportive or assistive technology. How the eligible entity will consult throughout the implementation of the project, or coordinate the project with, each of the following: Older individuals and people with disabilities. The State Medicaid agency, the 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. Organizations representing the rights and interests of people receiving services by the direct care professionals targeted by the project. Area agencies on aging. Centers for independent living, as described in part C of chapter I 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. 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 Service 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, and direct care professional workforce organizations, representing underserved communities, including communities of color. Individuals employed or working as the direct care professionals targeted by the project. Representatives of such professionals. Individuals receiving services from such professionals. The families of such professionals. The families of individuals receiving services from such professionals. Individuals receiving education or training to become such professionals. 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 a barrier to employment. In selecting eligible entities to receive a grant under this chapter, the Secretary shall ensure— equitable geographic and demographic 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.
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