42 U.S.C. § 300ii–1 (THE PUBLIC HEALTH AND WELFARE)
§ 300ii–1. Lifespan respite care grants and cooperative agreements
(a) Purposes
The purposes of this section are—
(1) to expand and enhance respite care services to family caregivers;
(2) to improve the statewide dissemination and coordination of respite care; and
(3) to provide, supplement, or improve access and quality of respite care services to family caregivers, thereby reducing family caregiver strain.
(b) Authorization
Subject to subsection (e), the Secretary is authorized to award grants or cooperative agreements for the purposes described in subsection (a) to eligible State agencies for which an application is submitted pursuant to subsection (d).
(c) Federal lifespan approach
In carrying out this section, the Secretary shall work in cooperation with the National Family Caregiver Support Program of the Administration on Aging and other respite care programs within the Department of Health and Human Services to ensure coordination of respite care services for family caregivers of children and adults with special needs.
(d) Application
(1) Submission
Each Governor desiring the eligible State agency of his or her State to receive a grant or cooperative agreement under this section shall submit an application on behalf of such agency to the Secretary at such time, in such manner, and containing such information as the Secretary shall require.
(2) Contents
Each application submitted under this section shall include—
(A) a description of the eligible State agency’s—
(i) ability to work with other State and community-based agencies;
(ii) understanding of respite care and family caregiver issues across all age groups, disabilities, and chronic conditions; and
(iii) capacity to ensure meaningful involvement of family members, family caregivers, and care recipients;
(B) with respect to the population of family caregivers to whom respite care information or services will be provided or for whom respite care workers and volunteers will be recruited and trained, a description of—
(i) the population of family caregivers;
(ii) the extent and nature of the respite care needs of that population;
(iii) existing respite care services for that population, including numbers of family caregivers being served and extent of unmet need;
(iv) existing methods or systems to coordinate respite care information and services to the population at the State and local level and extent of unmet need;
(v) how respite care information dissemination and coordination, respite care services, respite care worker and volunteer recruitment and training programs, or training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services will be provided using grant or cooperative agreement funds;
(vi) a plan for administration, collaboration, and coordination of the proposed respite care activities with other related services or programs offered by public or private, nonprofit entities, including area agencies on aging;
(vii) how the population, including family caregivers, care recipients, and relevant public or private agencies, will participate in the planning and implementation of the proposed respite care activities;
(viii) how the proposed respite care activities will make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, other forms of reimbursements, personnel, and facilities;
(ix) respite care services available to family caregivers in the eligible State agency’s State or locality, including unmet needs and how the eligible State agency’s plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs;
(x) the criteria used to identify family caregivers eligible for respite care services;
(xi) how the quality and safety of any respite care services provided will be monitored, including methods to ensure that respite care workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the family caregiver; and
(xii) the results expected from proposed respite care activities and the procedures to be used for evaluating those results;
(C) assurances that, where appropriate, the eligible State agency will have a system for maintaining the confidentiality of care recipient and family caregiver records; and
(D) a memorandum of agreement regarding the joint responsibility for the eligible State agency’s lifespan respite program between—
(i) the eligible State agency; and
(ii) a public or private nonprofit statewide respite coalition or organization.
(e) Priority; considerations
When awarding grants or cooperative agreements under this section, the Secretary shall—
(1) give priority to eligible State agencies that the Secretary determines show the greatest likelihood of implementing or enhancing lifespan respite care statewide; and
(2) give consideration to eligible State agencies that are building or enhancing the capacity of their long-term care systems to respond to the comprehensive needs, including respite care needs, of their residents.
(f) Use of grant or cooperative agreement funds
(1) In general
(A) Required uses of funds
Each eligible State agency awarded a grant or cooperative agreement under this section shall use all or part of the funds—
(i) to develop or enhance lifespan respite care at the State and local levels;
(ii) to provide respite care services for family caregivers caring for children or adults;
(iii) to train and recruit respite care workers and volunteers;
(iv) to provide information to caregivers about available respite and support services; and
(v) to assist caregivers in gaining access to such services.
(B) Optional uses of funds
Each eligible State agency awarded a grant or cooperative agreement under this section may use part of the funds for—
(i) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services;
(ii) other services essential to the provision of respite care as the Secretary may specify; or
(iii) training and education for new caregivers.
(2) Subcontracts
Each eligible State agency awarded a grant or cooperative agreement under this section may carry out the activities described in paragraph (1) directly or by grant to, or contract with, public or private entities.
(3) Matching funds
(A) In general
With respect to the costs of the activities to be carried out under paragraph (1), a condition for the receipt of a grant or cooperative agreement under this section is that the eligible State agency agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs.
(B) Determination of amount contributed
Non-Federal contributions required by subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
(g) Term of grants or cooperative agreements
(1) In general
The Secretary shall award grants or cooperative agreements under this section for terms that do not exceed 5 years.
(2) Renewal
The Secretary may renew a grant or cooperative agreement under this section at the end of the term of the grant or cooperative agreement determined under paragraph (1).
(h) Maintenance of effort
Funds made available under this section shall be used to supplement and not supplant other Federal, State, and local funds available for respite care services.
(July 1, 1944, ch. 373, title XXIX, § 2902, as added Pub. L. 109–442, § 2, Dec. 21, 2006, 120 Stat. 3292.)