42 U.S.C. § 1397g (THE PUBLIC HEALTH AND WELFARE)
§ 1397g. Demonstration projects to address health professions workforce needs
(a) Demonstration projects to provide low-income individuals with opportunities for education, training, and career advancement to address health professions workforce needs
(1) Authority to award grants
The Secretary, in consultation with the Secretary of Labor, shall award grants to eligible entities to conduct demonstration projects that are designed to provide eligible individuals with the opportunity to obtain education and training for occupations in the health care field that pay well and are expected to either experience labor shortages or be in high demand.
(2) Requirements
(A) Aid and supportive services
(i) In general
A demonstration project conducted by an eligible entity awarded a grant under this section shall, if appropriate, provide eligible individuals participating in the project with financial aid, child care, case management, and other supportive services.
(ii) Treatment
Any aid, services, or incentives provided to an eligible beneficiary participating in a demonstration project under this section shall not be considered income, and shall not be taken into account for purposes of determining the individual’s eligibility for, or amount of, benefits under any means-tested program.
(B) Consultation and coordination
An eligible entity applying for a grant to carry out a demonstration project under this section shall demonstrate in the application that the entity has consulted with the State agency responsible for administering the State TANF program, the local workforce investment board in the area in which the project is to be conducted (unless the applicant is such board), the State workforce development board established under section 3111 of title 29, and the State Apprenticeship Agency recognized under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”) [29 U.S.C. 50 et seq.] (or if no agency has been recognized in the State, the Office of Apprenticeship of the Department of Labor) and that the project will be carried out in coordination with such entities.
(C) Assurance of opportunities for Indian populations
The Secretary shall award at least 3 grants under this subsection to an eligible entity that is an Indian tribe, tribal organization, or Tribal College or University.
(3) Reports and evaluation
(A) Eligible entities
An eligible entity awarded a grant to conduct a demonstration project under this subsection shall submit interim reports to the Secretary on the activities carried out under the project and a final report on such activities upon the conclusion of the entities’ participation in the project. Such reports shall include assessments of the effectiveness of such activities with respect to improving outcomes for the eligible individuals participating in the project and with respect to addressing health professions workforce needs in the areas in which the project is conducted.
(B) Evaluation
The Secretary shall, by grant, contract, or interagency agreement, evaluate the demonstration projects conducted under this subsection. Such evaluation shall include identification of successful activities for creating opportunities for developing and sustaining, particularly with respect to low-income individuals and other entry-level workers, a health professions workforce that has accessible entry points, that meets high standards for education, training, certification, and professional development, and that provides increased wages and affordable benefits, including health care coverage, that are responsive to the workforce’s needs.
(C) Report to Congress
The Secretary shall submit interim reports and, based on the evaluation conducted under subparagraph (B), a final report to Congress on the demonstration projects conducted under this subsection.
(4) Definitions
In this subsection:
(A) Eligible entity
The term “eligible entity” means a State, an Indian tribe or tribal organization, an institution of higher education, a local workforce development board established under section 3122 of title 29, a sponsor of an apprenticeship program registered under the National Apprenticeship Act [29 U.S.C. 50 et seq.] or a community-based organization.
(B) Eligible individual
(i) In general
The term “eligible individual” means a 1 individual receiving assistance under the State TANF program.
(ii) Other low-income individuals
Such term may include other low-income individuals described by the eligible entity in its application for a grant under this section.
(C) Indian tribe; tribal organization
The terms “Indian tribe” and “tribal organization” have the meaning given such terms in section 450b of title 25.
(D) Institution of higher education
The term “institution of higher education” has the meaning given that term in section 1001 of title 20.
(E) State
The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa.
(F) State TANF program
The term “State TANF program” means the temporary assistance for needy families program funded under part A of subchapter IV.
(G) Tribal College or University
The term “Tribal College or University” has the meaning given that term in section 1059c(b)of title 20.
(b) Demonstration project to develop training and certification programs for personal or home care aides
(1) Authority to award grants
Not later than 18 months after March 23, 2010, the Secretary shall award grants to eligible entities that are States to conduct demonstration projects for purposes of developing core training competencies and certification programs for personal or home care aides. The Secretary shall—
(A) evaluate the efficacy of the core training competencies described in paragraph (3)(A) for newly hired personal or home care aides and the methods used by States to implement such core training competencies in accordance with the issues specified in paragraph (3)(B); and
(B) ensure that the number of hours of training provided by States under the demonstration project with respect to such core training competencies are not less than the number of hours of training required under any applicable State or Federal law or regulation.
(2) Duration
A demonstration project shall be conducted under this subsection for not less than 3 years.
(3) Core training competencies for personal or home care aides
(A) In general
The core training competencies for personal or home care aides described in this subparagraph include competencies with respect to the following areas:
(i) The role of the personal or home care aide (including differences between a personal or home care aide employed by an agency and a personal or home care aide employed directly by the health care consumer or an independent provider).
(ii) Consumer rights, ethics, and confidentiality (including the role of proxy decision-makers in the case where a health care consumer has impaired decision-making capacity).
(iii) Communication, cultural and linguistic competence and sensitivity, problem solving, behavior management, and relationship skills.
(iv) Personal care skills.
(v) Health care support.
(vi) Nutritional support.
(vii) Infection control.
(viii) Safety and emergency training.
(ix) Training specific to an individual consumer’s needs (including older individuals, younger individuals with disabilities, individuals with developmental disabilities, individuals with dementia, and individuals with mental and behavioral health needs).
(x) Self-Care.
(B) Implementation
The implementation issues specified in this subparagraph include the following:
(i) The length of the training.
(ii) The appropriate trainer to student ratio.
(iii) The amount of instruction time spent in the classroom as compared to on-site in the home or a facility.
(iv) Trainer qualifications.
(v) Content for a “hands-on” and written certification exam.
(vi) Continuing education requirements.
(4) Application and selection criteria
(A) In general
(i) Number of States
The Secretary shall enter into agreements with not more than 6 States to conduct demonstration projects under this subsection.
(ii) Requirements for States
An agreement entered into under clause (i) shall require that a participating State—
(I) implement the core training competencies described in paragraph (3)(A); and
(II) develop written materials and protocols for such core training competencies, including the development of a certification test for personal or home care aides who have completed such training competencies.
(iii) Consultation and collaboration with community and vocational colleges
The Secretary shall encourage participating States to consult with community and vocational colleges regarding the development of curricula to implement the project with respect to activities, as applicable, which may include consideration of such colleges as partners in such implementation.
(B) Application and eligibility
A State seeking to participate in the project shall—
(i) submit an application to the Secretary containing such information and at such time as the Secretary may specify;
(ii) meet the selection criteria established under subparagraph (C); and
(iii) meet such additional criteria as the Secretary may specify.
(C) Selection criteria
In selecting States to participate in the program, the Secretary shall establish criteria to ensure (if applicable with respect to the activities involved)—
(i) geographic and demographic diversity;
(ii) that participating States offer medical assistance for personal care services under the State Medicaid plan;
(iii) that the existing training standards for personal or home care aides in each participating State—
(I) are different from such standards in the other participating States; and
(II) are different from the core training competencies described in paragraph (3)(A);
(iv) that participating States do not reduce the number of hours of training required under applicable State law or regulation after being selected to participate in the project; and
(v) that participating States recruit a minimum number of eligible health and long-term care providers to participate in the project.
(D) Technical assistance
The Secretary shall provide technical assistance to States in developing written materials and protocols for such core training competencies.
(5) Evaluation and report
(A) Evaluation
The Secretary shall develop an experimental or control group testing protocol in consultation with an independent evaluation contractor selected by the Secretary. Such contractor shall evaluate—
(i) the impact of core training competencies described in paragraph (3)(A), including curricula developed to implement such core training competencies, for personal or home care aides within each participating State on job satisfaction, mastery of job skills, beneficiary and family caregiver satisfaction with services, and additional measures determined by the Secretary in consultation with the expert panel;
(ii) the impact of providing such core training competencies on the existing training infrastructure and resources of States; and
(iii) whether a minimum number of hours of initial training should be required for personal or home care aides and, if so, what minimum number of hours should be required.
(B) Reports
(i) Report on initial implementation
Not later than 2 years after March 23, 2010, the Secretary shall submit to Congress a report on the initial implementation of activities conducted under the demonstration project, including any available results of the evaluation conducted under subparagraph (A) with respect to such activities, together with such recommendations for legislation or administrative action as the Secretary determines appropriate.
(ii) Final report
Not later than 1 year after the completion of the demonstration project, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under subparagraph (A), together with such recommendations for legislation or administrative action as the Secretary determines appropriate.
(6) Definitions
In this subsection:
(A) Eligible health and long-term care provider
The term “eligible health and long-term care provider” means a personal or home care agency (including personal or home care public authorities), a nursing home, a home health agency (as defined in section 1395x(o) of this title), or any other health care provider the Secretary determines appropriate which—
(i) is licensed or authorized to provide services in a participating State; and
(ii) receives payment for services under subchapter XIX.
(B) Personal care services
The term “personal care services” has the meaning given such term for purposes of subchapter XIX.
(C) Personal or home care aide
The term “personal or home care aide” means an individual who helps individuals who are elderly, disabled, ill, or mentally disabled (including an individual with Alzheimer’s disease or other dementia) to live in their own home or a residential care facility (such as a nursing home, assisted living facility, or any other facility the Secretary determines appropriate) by providing routine personal care services and other appropriate services to the individual.
(D) State
The term “State” has the meaning given that term for purposes of subchapter XIX.
(c) Funding
(1) In general
Subject to paragraph (2), out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary to carry out subsections (a) and (b), $85,000,000 for each of fiscal years 2010 through 2017.
(2) Training and certification programs for personal and home care aides
With respect to the demonstration projects under subsection (b), the Secretary shall use $5,000,000 of the amount appropriated under paragraph (1) for each of fiscal years 2010 through 2012 to carry out such projects. No funds appropriated under paragraph (1) shall be used to carry out demonstration projects under subsection (b) after fiscal year 2012.
(d) Nonapplication
(1) In general
Except as provided in paragraph (2), the preceding sections of this division shall not apply to grant 2 awarded under this section.
(2) Limitations on use of grants
Section 1397d(a) of this title (other than paragraph (6)) shall apply to a grant awarded under this section to the same extent and in the same manner as such section applies to payments to States under this division.
(Aug. 14, 1935, ch. 531, title XX, § 2008, as added and amended Pub. L. 111–148, title V, § 5507(a), title VI, § 6703(d)(1)(B), Mar. 23, 2010, 124 Stat. 663, 803; Pub. L. 113–93, title II, § 208, Apr. 1, 2014, 128 Stat. 1046; Pub. L. 113–128, title V, § 512(dd)(4), July 22, 2014, 128 Stat. 1718; Pub. L. 114–10, title II, § 217, Apr. 16, 2015, 129 Stat. 153.)
heading: References in Text
text: The Act of August 16, 1937, referred to in subsec. (a)(2)(B), (4)(A), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, popularly known as the National Apprenticeship Act, which is classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables.
Part A of subchapter IV, referred to in subsec. (a)(4)(F), is classified to § 601 et seq. of this title.
heading: Amendments
text: 2015—Subsec. (c)(1). Pub. L. 114–10 substituted “2017” for “2015”.
2014—Subsec. (a)(2)(B). Pub. L. 113–128, § 512(dd)(4)(A), substituted “the State workforce development board established under section 3111 of title 29” for “the State workforce investment board established under section 2821 of title 29”.
Subsec. (a)(4)(A). Pub. L. 113–128, § 512(dd)(4)(B), substituted “a local workforce development board established under section 3122 of title 29,” for “a local workforce investment board established under section 2832 of title 29,”.
Subsec. (c)(1). Pub. L. 113–93 substituted “2015” for “2014”.
2010—Subsec. (d). Pub. L. 111–148, § 6703(d)(1)(B), which directed substitution of “this division” for “this subchapter” wherever appearing in subtitle 1 of title XX of act Aug. 14, 1935, was executed by making the substitution in two places in subsec. (d) of this section, which is in subtitle A of title XX act Aug. 14, 1935, to reflect the probable intent of Congress.
heading: Effective Date of 2014 Amendment
text: Amendment by Pub. L. 113—128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113—128, set out as an Effective Date note under section 3101 of Title 29, Labor.