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Policy & Legislation 
This purpose of this page is to identify and track government policy and legislation which has a direct impact on PAS. Updates and comments are provided when available.
Current policy and legislation:
Community Choice Act (CCA)
Senate Bill Number: 799, pdf version/text version & House of Representatives Bill Number: 1621, pdf version/text version
Sponsor: Senator Tom Harkin (D-IA)
Summary
CCA would give individuals who receive Medicaid and are eligible for nursing home services or other institutional care equal access to community-based services and supports. The legislation also provides enhanced federal matching funds to help states develop their long-term care infrastructure and grant funds to help states increase their ability to provide home and community-based services. Finally, this bill creates a demonstration project to evaluate service coordination and cost sharing approaches for those eligible for both Medicaid and Medicare services.
Advocacy
Additional Information
Community Living Assistance Services and Supports (CLASS) Act of 2007
Senate Bill Number: 1758, pdf version & House of Representatives Bill Number: 3001, pdf version
Sponsor: Senator Ted Kennedy (D-MA)
Press release: July 10, 2007
Summary
The Community Living Assistance Services and Supports (CLASS) Act of 2007 (S.1758 & H.R.3001) would establish a national long-term care insurance program to be financed by voluntary payroll deductions to provide benefits to adults who become severely functionally impaired. To qualify for benefits, individuals must be 18 years old and have contributed to the program at least 5 years. All working adults will be automatically enrolled in the program, unless they choose not to be.
Additional Information
Empowered at Home Act of 2008
Senate Bill Number: 3327, text version
Sponsors: Senator John Kerry (D-MA), Senator Chuck Grassley (R-IA)
Press release: July 24, 2008
Summary
Empowered at Home Act of 2008 looks to do three main things:
- Creates a new state plan option that would consist of the state being
able to newly provide three benefit packages. If this new option were to be
picked, then a 5% FMAP increase would obtain.
- Amends the Deficit Reductions Act (DRA) in terms of state plan benefits
and financial eligibility and people to be served. The financial
eligibility would be raised back from the 150% of poverty that the DRA
currently has to 300% of SSI which is the current financial eligibility for
nursing facilities and the current top limit option for HCBS Waivers.
People "grandfathered" in when functional eligibility is changed would be
protected by staying permanently eligible without regard to whether they
meet the new functional standard. Finally, the regular "statewideness"
rules of Medicaid would apply and could not be "waived" by a state.
- Establishes a new round of Systems Transformation grants of 150 million
for each of the years of '09 and '10. The "transformation" to be funded
would be for states to set up public authorities, worker associations, etc.
and for states to get rid of the "silos" and integrate services and funding
on a cross-disability, cross-age basis.
Elder Caregiver Support and Information Enhancement Act of 2009
House of Representatives Bill Number: 519, pdf version
Sponsor: Representative Steve Israel (D-NY)
Summary
To authorize additional appropriations for the family caregiver support program under the Older Americans Act of 1965, and for the National Clearinghouse for Long-Term Care Information, for fiscal years 2010, 2011, and 2012.
Fair Home Health Act
Senate Bill Number: 2061, pdf version & House of Representatives Bill Number: 3582, pdf version
Sponsor: Senator Tom Harkin (D-IA)
Summary
Fair Home Health Care Act (S. 2061 & H.R. 3582), would require minimum wage and overtime pay protections for workers in the home health care industry. It would amend the Fair Labor Standards Act of 1938 to exempt certain home health care workers who are employed on a casual basis from the minimum wage and maximum hour requirements under such Act. Defines employment on a "casual basis" as employment which is irregular or intermittent and does not exceed 20 hours per week in the aggregate.
Advocacy
Additional information
Heroes at Home Act of 2009
House of Representatives Bill Number: 667, pdf version
Sponsor: John T. Salazar (D-CO)
Summary
Heroes at Home Act of 2009 - Directs the Secretary of Veterans Affairs to: (1) establish a program on training and certification of family caregivers of veterans and members with traumatic brain injury (TBI); and (2) conduct outreach to enhance awareness of veterans and the public about the symptoms of post-traumatic stress disorder (PTSD) and TBI and the services provided by the Department of Veterans Affairs to veterans with such symptoms.
Directs the Secretaries of Defense and Veterans Affairs to jointly:
- establish a demonstration project to assess the feasibility and advisability of using telehealth technology to assess cognitive functioning of members who have sustained head trauma in order to improve their diagnosis and treatment;
- conduct an ongoing study of all matters relating to the telehealth and telemental health services of the Departments of Defense and Veterans Affairs.
Retooling the Health Care Workforce for an Aging America Act of 2008
Senate Bill Number: 3730, text version
Sponsor: Senator Herb Kohl (D-WI)
Press release: Dec 10, 2008
Summary
The Retooling the Health Care Workforce for an Aging America Act aims to expand education and training opportunities in geriatrics and long-term care for licensed health professionals, direct care workers, and family caregivers by amending the Public Health Service Act, the Workforce Investment Act, the Older Americans Act and the Social Security Act. According to the IOM report, only 1 percent of all physicians (approximately 7,000) are certified geriatricians today, even as the population of older people is on track to double by 2030, and fewer than 1 percent of all nurses are certified gerontological nurses. Absent any change, by 2020, the supply of nurses in the United States will fall 29 percent below projected requirements, resulting in a severe shortage of nursing expertise relative to the demand for care of frail older adults.
The bill also addresses the training and support of personal and home care aides, which are are among the top three fastest-growing occupations. In spite of this, they are not subject to any federal requirements related to training and education, and state requirements vary widely.
Finally, the bill will offer training and support to an estimated 44 million family caregivers that must provide increasingly complex support services to frail and elderly loved ones wishing to live at home. When surveyed, caregivers often report needingbasic training and access to other targeted services to enable family caregivers to provide such support on an ongoing basis.
Read more
Additional information
Social Security Caregiver Credit Act of 2009
House of Representatives Bill Number: 769, pdf version
Sponsor: Nita M. Lowey (D-NY)
Social Security Caregiver Credit Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to determining entitlement to and the amount of any monthly benefit, including any lump-sum death payment, payable under OASDI on the basis of the wages and self-employment income of any individual. Deems such an individual to have been paid a wage (according to a specified formula) during each month during which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation for up to five years of such service. Makes this Act inapplicable in the case of any monthly benefit or lump-sum death payment if a larger benefit or payment would be payable without its application.
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