§ 1397g.
(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
(2)
Requirements
(A)
Aid and supportive services
(B)
Consultation and coordination
(C)
Assurance of opportunities for Indian populations
(3)
Reports and evaluation
(4)
Definitions
In this subsection:
(B)
Eligible individual
(ii)
Other low-income individuals
(C)
Indian tribe; tribal organization
(D)
Institution of higher education
(G)
Tribal College or University
(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.
(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.
(vi)
Nutritional support.
(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).
(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)
(A)
In general
(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
(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.
(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
(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
(C)
Personal or home care aide
([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]; [Pub. L. 115–123, div. E, title VI, § 50611], Feb. 9, 2018, [132 Stat. 232].)