[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4736 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4736
To amend the Older Americans Act of 1965 to develop and expand
integrated caregiver support services for family caregivers, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2024
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Older Americans Act of 1965 to develop and expand
integrated caregiver support services for family caregivers, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Respite Care And Resources for
Everyone Act'' or the ``Respite CARE Act''.
SEC. 2. CAREGIVER SUPPORT.
Title IV of the Older Americans Act of 1965 is amended by inserting
after section 414 (42 U.S.C. 3032c) the following:
``SEC. 415. CAREGIVER SUPPORT.
``(a) Grants.--The Assistant Secretary may make grants to eligible
entities for the development or expansion of integrated caregiver
support services, through which a provider provides, at the same time
and integrated setting, respite care to assist family caregivers and
other supportive services or support services described in section
373(b) for family caregivers.
``(b) Eligible Entity.--To be eligible to receive a grant under
subsection (a), an entity shall be a State or local government agency,
a nonprofit organization, an area agency on aging, the provider of a
multipurpose senior center, an institution of higher education, or a
Tribal organization.
``(c) Application.--To be eligible to receive a grant under
subsection (a), an entity shall submit an application to the Assistant
Secretary at such time, in such manner, and containing such information
as the Assistant Secretary may require.
``(d) Use of Funds.--An eligible entity receiving a grant under
subsection (a) shall use the grant funds, consistent with subsection
(e)--
``(1) to develop or expand integrated caregiver support
services in order to provide respite care at the same time and
integrated setting as supportive services or support services
described in section 373(b) for family caregivers; and
``(2) to provide services described in paragraph (1) in a
manner that is accessible, as appropriate for the family
caregiver or the care recipient, as the case may be, including
providing the services--
``(A) through assistive technology;
``(B) in an accessible language;
``(C) for caregivers for whom English is not their
primary language, through translation or interpretation
services; and
``(D) in an accessible format, including formats
compatible with American Sign Language and multiple
languages.
``(e) Direct or Indirect Provision.--An eligible entity receiving
such a grant may use the grant funds directly, or indirectly by
contract with a health care provider or child care provider, to provide
respite care.
``(f) Definitions.--In this section:
``(1) Caregiver support services.--The term `caregiver
support services' means services, provided for a family
caregiver, that are--
``(A) supportive services; or
``(B) support services described in section 373(b).
``(2) Child care provider.--
``(A) In general.--The term `child care provider'
means a center-based child care provider, a family
child care provider, or other provider of child care
services for compensation that--
``(i) is licensed to provide child care
services under State law applicable to the
child care services it provides or, in the case
of an Indian Tribe or Tribal organization,
meets the rules set by the Secretary of Health
and Human Services;
``(ii) participates in the State's tiered
system for recognizing and supporting the
quality of child care services, or, in the case
of an Indian Tribe or Tribal organization,
meets the rules set by the Secretary, on such
schedule as the Secretary may provide; and
``(iii) satisfies the State and local
requirements, including those requirements
described in section 658E(c)(2)(I) of the Child
Care and Development Block Grant Act of 1990
(42 U.S.C. 9858c(c)(2)(I)), applicable to the
child care services it provides.
``(B) Family child care provider.--In subparagraph
(A), the term `family child care provider' means one or
more individuals who provide child care services, in a
private residence other than the residences of the
children involved, for less than 24 hours per day per
child, or for 24 hours per day per child due to the
nature of the work of the parent involved.
``(3) Family caregiver.--The term `family caregiver'--
``(A) means--
``(i) an adult family member, or another
individual, who is an informal provider of in-
home and community care to an older individual
or to an individual of any age with Alzheimer's
disease or a related disorder with neurological
and organic brain dysfunction; or
``(ii) an older relative caregiver; and
``(B) does not include an individual providing care
whose primary relationship with the individual
receiving the care is based on a financial or
professional agreement.
``(4) Health care provider.--The term `health care
provider' means a health care provider, as defined in section
3000 of the Public Health Service Act (42 U.S.C. 300jj) or a
Federally qualified health center, as defined in section 1861
of the Social Security Act (42 U.S.C. 1395x).
``(5) Indian tribe, tribal organization.--The terms `Indian
Tribe' and `Tribal organization' have the meanings given the
terms `Indian tribe' and `tribal organization', respectively,
in section 658P of such Act (42 U.S.C. 9858n).
``(6) Older relative caregiver.--The term `older relative
caregiver'--
``(A) means a caregiver who--
``(i) is age 55 or older; and
``(ii) lives with, is the informal provider
of in-home and community care to, and is the
primary caregiver for, a child or an individual
with a disability;
``(B) in the case of a caregiver for a child--
``(i) is the grandparent, stepgrandparent,
or other relative (other than the parent) by
blood, marriage, or adoption, of the child;
``(ii) is the primary caregiver of the
child because the biological or adoptive
parents are unable or unwilling to serve as the
primary caregivers of the child; and
``(iii) has a legal relationship to the
child, such as legal custody, adoption, or
guardianship, or is raising the child
informally; and
``(C) in the case of a caregiver for an individual
with a disability, is the parent, grandparent, or other
relative by blood, marriage, or adoption, of the
individual with a disability.
``(7) Respite care.--The term `respite care' means care,
which may include health care and child care, for a care
recipient of a family caregiver.''.
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