Family Caregiving 101

Thursday March 11, 2010

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Legislative Updates

Summary of Caregiving Legislation in 109^th Congress

Compiled by the National Alliance for Caregiving

Updated September 1, 2006

Currently, there are 35 bills pending in Congress related to family caregiving. Information on the bills is presented below in the following categories: Older Americans Act Reauthorization and Amendments; Respite; Tax Bills; Social Security/Medicare/Medicaid Enhancements; Family Leave Enchancements; and Other Legislation. For more details on these bills, go to http://thomas.loc.gov and search by bill number or title. For further information contact Aileen Worrell at aileen@caregiving.org

Bill Number and Title	Sponsors	Caregiver Provisions	Status
Older Americans Act Reauthorization and Amendments
HR 6197 Older American Act Amendments of 2006; Community Service Senior Opportunities Act; andTom Osborne Federal Youth Coordination Act	Rep. Patrick Tiberi (R-OH); 19 Cosponsors	To amend the Older American Act of 1965 to authorize appropriations for fiscal years 2007 through 2011	Passed in the House on September 28, 2006. Passed in the Senate without amendment by unanimous consent on September 30, 2006.
HR 5293 Senior Independence Act of 2006	Rep. Patrick Tiberi (R-OH); 34 Cosponsors	Reauthorizes the Older Americans Act of 1965. Authorizes appropriations for FY2007-FY2011 for the Administration on Aging, the National Eldercare Locator Service, pension counseling and information programs, specified services under such Act, and older American community service employment-based training.	Passed in the House on June 21, 2006. Received in the Senate on June 22, 2006 and referred to the Senate Committee on Health, Education, Labor and Pensions.
S 3570 Older Americans Act Amendments of 2006	Sen. Michael Enzi (R-WY); 3 Cosponsors	Amends the Older Americans Act of 1965 to authorize appropriations for fiscal years 2007 through 2011, and for other purposes.	Bill passed in the Senate Committee on Health, Education, Labor, and Pensions on June 28, 2006. Ordered to be reported with an amendment in the nature of a substitute favorably. Awaiting further Senate action.
S 2244, HR 3254 Caregiver Assistance and Relief Act (CARE) of 2006	Sen. Robert Menendez (D-NJ); 2 Cosponsors Rep. Robert Menendez (D-NJ); 14 Cosponsors	Increases and extends, through FY2006, the authorization of appropriations for the National Family Caregiver Support Program, including caregiver support programs for Native Americans. Allows caregivers a tax credit for family members with long-term care needs and a tax deduction for long-term care insurance premiums.	Referred to the Senate Committee on Finance on February 2, 2006. >Referred to the House Committee on Ways and Means on July 12, 2005. Also referred to the House Committee on Education and the Workforce on July 12, 2005; subsequently referred to the Subcommittee on Select Education on August 10, 2005.
S 2620 Community-Based Choices for Older Americans Act of 2006	Sen. Hillary Rodham Clinton (D-NY); No Cosponsors	Provides older individuals with financial assistance to select a flexible range of home and community-based long-term care services or supplies, provided in a manner that respects the individuals' choices and preference.	Referred to the Senate Committee on Health, Education, Labor, and Pensions on April 7, 2006.
Respite
S 602, HR 1262 Ronald Reagan Alzheimer's Breakthrough Act of 2005	Sen. Barbara Mikulski (D-MD); 46 Cosponsors Rep. Christopher Smith (R-NJ); 61 Cosponsors	Funds breakthroughs in Alzheimer's disease research while providing more help to caregivers and increasing public education about prevention.	Referred to the Senate Committee on Finance on March 10, 2005 Referred to the Committee on Energy and Commerce on March 10, 2005 and subsequently referred to Subcommittee on Health on March 22, 2005. Also referred to the Committees on Education and the Workforce on March 10, 2005 and subsequently referred to the Subcommittee on Select Education on April 18, 2005.
HR 3642 Alzheimer's Treatment and Caregiver Support Act	Rep. Maxine Waters (D-CA); 46 Cosponsors	Authorizes grants for treatment and support services for Alzheimer's patients and their families.	Referred to House Committee on Energy and Commerce on July 29, 2005; subsequently referred to the Subcommittee on Health on August 5, 2005.
S 1283, HR 3248 Lifespan Respite Care Act of 2005	Sen. Hillary Rodham Clinton (D-NY); 27 Cosponsors Rep. Mike Ferguson (R-NJ); 74 Cosponsors	Authorizes grants or cooperative agreements to develop respite care programs at the state or local level. Defines Òrespite careÓ to mean planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver.	Referred to the Senate Committee on Health, Education, Labor and Pensions on June 21, 2005. Referred to the House Committee on Energy and Commerce on July 12, 2005; subsequently referred to Subcommittee on Health on July 29, 2005. Committee consideration and mark-up session held and ordered to be reported (amended) by voice vote on September 20, 2006.
Tax Bills
HR 3078 Cancer and Terminal Illness Patient Health Care Act of 2005	Rep. Ron Paul (R-TX); 1 Cosponsor	Provides a waiver of the employee portion of the Social Security tax for any period in which a taxpayer has been certified by a physician as having cancer or a terminal illness or is the primary caregiver for a spouse, parent, or child with cancer or a terminal disease.	Referred to the House Committee on Ways and Means on June 27, 2005.
S 1951 Community Living Assistance Services and Supports (CLASS) Act	Sen. Edward Kennedy (D-MA); 2 Cosponsors	Creates a national, voluntary disability insurance program where all employees are automatically enrolled, and payroll deductions pay monthly premiums. Allows deductions for premiums paid for the program, and a credit for low-income enrollees and employers.	Referred to the Senate Committee on Finance on November 2, 2005.
S 2281 Aging with Respect and Dignity Act of 2006	Sen. Rick Santorium (R-PA); No Cosponsors	Allows: (1) cafeteria pension plans and flexible spending arrangements to offer long-term care insurance benefits; (2) tax deductions for contributions to a tax-exempt long-term care account; (3) an exclusion from gross income for distributions from a long-term care account to pay family long-term care expenses; and (4) an exclusion from gross income for the cash surrender value of annuity or life insurance contracts used to purchase long-term care insurance.	Referred to the Senate Committee on Finance on February 14, 2006.
S 1244, HR 2682 Long-Term Care and Retirement Security Act of 2005	Sen. Charles Grassley (R-IA); 7 Cosponsors Rep. Nancy Johnson (R-CT); 55 Cosponsors	Allows: (1) a tax deduction for long-term care insurance premiums; (2) the inclusion of long-term care insurance in employee benefit cafeteria plans and flexible spending arrangements; and (3) a tax credit for certain long-term care costs.	Referred to the Senate Committee on Finance on June 14, 2005. Referred to the House Committee on Ways and Means on May 26, 2005.
HR 2935 Long-Term Care Support and Incentive Act of 2005	Rep. Susan Davis (D-CA); No Cosponsors	Allows: (1) a tax deduction for a percentage of long-term care insurance premiums paid; (2) qualified long-term care insurance contracts to be offered in a cafeteria plan and flexible spending arrangements; and (3) a tax credit for each individual age 65 or older who has been certified as having long-term care needs for at least 180 consecutive days in a taxable year and for whom the taxpayer is acting as a caregiver.	Referred to the House Committee on Ways and Means on June 16, 2005; subsequently referred to the Subcommittee on Health on June 27, 2005.
S 1602 Improving Long-Term Care Choices Act of 2005	Sen. Charles Grassley (R-IA); 2 Cosponsors	Requires States to disregard benefits paid under long-term care insurance for purposes of determining Medicaid eligibility. Allows individuals a deduction for qualified long-term care insurance premiums, the use of such insurance under cafeteria plans and flexible spending arrangements, and a credit for individuals with long-term care needs.	Referred to the Senate Committee on Finance on July 29, 2005.
HR 2249 Tax Credit for Household and Dependent Care Services	Rep. Jon Porter (R-NV); No Cosponsors	Revises the tax credit for household and dependent care services necessary to obtain gainful employment.	Referred to the House Committee on Ways and Means on May 11, 2005.
S 835 Senior Elder Care Relief and Empowerment (SECURE) Act	Sen. Larry Craig; 1 Cosponsor	Allows a nonrefundable credit for 50% of eldercare expenses over $1,000.	Referred to the Senate Committee on Finance on April 18, 2005.
HR 1150 Tax Credit for Long-Term Care Insurance and Expenses	Rep. Ginny Brown-Waite (R-FL); 11 Cosponsors	Allows a tax credit for certain long-term health care insurance premiums and expenses paid for the taxpayer, the taxpayer's spouse or dependents.	Referred to the House Committee on Ways and Means on March 8, 2005.
S 1225 Access to Affordable Health Care Act	Sen. Susan Collins (R-ME); 1 Cosponsor	Allows: (1) tax credits to small businesses for qualified employee health insurance expenses; (2) tax credits for qualified health insurance; (3) deductions for long-term care premiums; and (4) tax credits for individuals with long-term care needs.	Referred to Senate Committee on Finance on June 13, 2005.
S 1826 Older Worker Opportunity Act	Sen. Herb Kohl (D-WI); 2 Cosponsors	Expands the dependent care tax credit to cover the care of chronically ill seniors who are not dependents.	Referred to the Senate Committee on Finance on October 6, 2005.

Bill Number and Title	Sponsors	Caregiver Provisions	Status
Social Security / Medicare / Medicaid Enhancements
S 401, HR 910 Medicaid Community-Based Attendant Services and Supports Act of 2005	Sen. Tom Harkin (D-IA); 18 Cosponsors Rep. Danny Davis (D-IL); 79 Cosponsors	Provides individuals with disabilities and older Americans with equal access to community-based attendant services and supports.	Referred to the Senate Committee on Finance on February 16, 2005. Referred to the House Committee on Energy and Commerce on February 17, 2005. Subsequently referred to the Subcommittee on Health on March 14, 2005.
HR 175 Family Caregiver Security Act of 2005	Rep. Millender McDonald (D-CA); 3 Cosponsors	Provides for the use of qualified family caregivers in the provision of home health aide services under the Medicare Program.	Referred to the House Committees on Ways and Means and Energy and Commerce on January 4, 2005; subsequently referred to Ways and Means Subcommittee on Health on January 25, 2005 and Energy and Commerce Subcommittee on Health on February 4, 2006.
HR 2071 Family Care Act of 2005	Rep. John Dingell (D-MI); 106 Cosponsors	Renames the State Children's Health Insurance program (SCHIP) as the Family Care program; provides for Family Care coverage for parents of enrolled children.	Referred to the House Committee on Energy and Commerce on May 4, 2005; subsequently referred to Subcommittee on Health on May 23, 2005.
HR 1981 Medicare Adult Day Care Services Act of 2005	Rep. Lloyd Doggett (D-TX); 61 Cosponsors	Provides for Medicare coverage of substitute adult day care services.	Referred to the Committee on Ways and Means on April 28, 2005; subsequently referred to Subcommittee on Health on May 10, 2005. Also referred to the Committee on Energy and Commerce on April 28, 2005; subsequently referred to Subcommittee on Health on May 13, 2005.
S 40, HR 467 Geriatric and Chronic Care Management Act of 2005	Sen. Blanche Lincoln (D-AR); 7 Cosponsors Rep. Gene Green (D-TX); 8 Cosponsors	Provides Medicare coverage of care coordination and assessment to individuals with serious and disabling conditions.	Referred to the Senate Committee on Finance on January 24, 2005. Referred to Committees on Energy and Commerce and Ways and Means on February 1, 2005; subsequently referred to Ways and Means Subcommittee on Health on February 10, 2005.

Bill Number and Title	Sponsors	Caregiver Provisions	Status
Family Leave Enhancements
S 932, HR 1902 Healthy Families Act	Sen. Edward Kennedy (D-MA); 15 Cosponsors Rep. Rosa DeLauro (D-CT); 71 Cosponsors	Provides paid sick leave to employees that can be used to meet their own medical needs or to care for the medical needs of certain family members.	Referred to the Senate Committee on Health, Education, Labor and Pensions on April 27, 2005. Referred to the House Committees on Education and the Workforce, Government Reform, and House Administration on April 27, 2005; subsequently referred to Subcommittee on Workforce Protections on May 17, 2005.
HR 476 Family and Medical Leave Enhancement Act of 2005	Rep. Carolyn Maloney (D-NY); 30 Cosponsors	Allows employees to take, as additional leave, parental involvement leave to participate in or attend their children's and grandchildren's educational and extracurricular activities and to clarify that leave may be taken for routine family medical needs and to assist elderly relatives.	Referred to the House Education and Workforce Committee on February 1, 2005; subsequently referred to Subcommittee on Workforce Protections on March 24, 2005. In addition, referred to House Government Reform and House Committee on House Administration on February 1, 2005.
S 282, HR 5625 Family and Medical Leave Expansion Act	Sen. Christopher Dodd (D-CT); 12 Cosponsors Rep. Carolyn Maloney (D-NY); No Cosponsors	Authorizes five-year grants to a State or local government to pay Federal share of projects that assist families by providing wage replacement for eligible individuals responding to caregiving needs resulting from a child's birth or adoption or other family caregiving needs.	Referred to the Senate Committee on Health, Education, Labor and Pensions on February 3, 2005. Referred to the House Committees on Education and the Workforce, Government Reform, and House Administration on June 15, 2006.
HR 3192 Paid Family and Medical Leave Act of 2005	Sen. Fortney Pete Stark (D-CA); 28 Cosponsors	Provides for a paid family and medical leave insurance program.	Referred to the House Committees on Education and the Workforce and Ways and Means on June 30, 2005; subsequently referred to the Subcommittee on Workforce Protections on May 1, 2006.

Bill Number and Title	Sponsors	Caregiver Provisions	Status
HR 279 Family and Medical Leave Protection Act	Rep. Juanita Millender-McDonald (D-CA); No Cosponsors	Includes nurse practitioners and domestic partners within the scope of coverage under the Family and Medical Leave Act and extends the period of family or medical leave for spouses employed by the same employer.	Referred to the Committee on Education and the Workforce on January 6, 2005; subsequently referred to the Subcommittee on Workforce Protections on February 9, 2005. Also referred to the Committees on House Administration, and Government Reform on January 6, 2005.
HR 1589 Family and Workplace Balancing Act of 2005	Rep. Lynn Woolsey (D-CA); 59 Cosponsors	Provides family and medical need assistance, child care assistance, in-school and afterschool assistance, family care assistance, and encouraging the establishment of family-friendly workplaces.	Referred to the Committee on Education and the Workforce on April 13, 2005; subsequently referred to the Subcommittee on Employer-Employee Relations; Subcommittee on Workforce Protections; Subcommittee on 21st Century Competitiveness; and Subcommittee on Education Reform on April 29, 2005. Also referred to the Committees on House Administration, Government Reform, and Financial Services on April 13, 2005. Referred to the Subcommittee on Housing and Community Opportunity on May 6, 2005.
Other Legislation
HR 3777 Disabled Veterans' Caregiver Compensation Act	Rep. Collin Peterson; (D-MN); No Cosponsors	Requires the payment of monthly compensation to totally disabled veterans who receive unpaid care from an adult family member who is dependent upon the veteran for support.	Referred to House Committee on Veterans' Affairs on September 14, 2005; subsequently referred to the Subcommittee on Disability Assistance and Memorial Affairs on September 26, 2005.
S 1888 Military Family Support Act of 2005	Sen. James Jeffords (I-VT); 3 Cosponsors	Provides for 2 programs to authorize the use of leave by caregivers for family members of certain individuals performing military service.	Referred to the Committee on Homeland Security and Governmental Affairs on October 19, 2005; subsequently referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia on January 27, 2006.

Bill Number and Title	Sponsors	Caregiver Provisions	Status
S 2753 Expand Caregiver Assistance Services for Veterans	Sen. Daniel Akaka (D-HI); 1 Cosponsor	Expands and improves services that assist caregivers of veterans, includes services such as: (1) adult-day health care; (2) readjustment and rehabilitation; (3) transportation; (4) caregiver support; (5) home care; (6) respite care; (7) hospice; and (8) any modalities of non-institutional home care.	Referred to the Committee on Veterans' Affairs on May 4, 2006. Hearing held by the Committee on Veterans' Affairs on May 11, 2006.
S 174, HR 963 Children's Compassionate Care Act of 2005	Sen. Mike DeWine (R-OH); 4 Cosponsors Rep. Deborah Pryce (R-OH); 14 Cosponsors	Improves the palliative and end-of-life care provided to children with life-threatening conditions.	Referred to the Senate Committee on Health, Education, Labor, and Pensions on January 26, 2005. Referred to the House Committee on Energy and Commerce on February 17, 2005 and subsequently referred to the Subcommittee on Health on March 14, 2005. Also referred to the House Committee on Ways and Means on February 17, 2005 and subsequently referred to the Subcommittee on Health on March 3, 2005.
S 1067 Community Options for Rural Elders (CORE) Act of 2005	Sen. Blanche Lincoln (D-AR); 5 Cosponsors	Establishes Programs for All-Inclusive Care for Elderly (PACE) providers in rural areas.	Referred to the Senate Committee on Finance on May 18, 2005.
HR 4249 Living Well with Fatal Chronic Illness Act of 2005	Rep. James Oberstar (D-MN); 1 Cosponsor	Conducts research, demonstration, and education programs with respect to fatal chronic illness; and conducts studies on end-of-life care. Also provides for a study on the level of care for the elderly provided by family members; and coordination of such care with more formal care provided by health care providers.	Referred to the Committee on Energy and Commerce on November 8, 2005; subsequently referred to the Subcommittee on Health on November 22, 2005. Also referred to the Committees on Ways and Means, and Veterans' Affairs on November 8, 2005; subsequently referred to the Veterans' Affairs Subcommittee on Health on November 17, 2005.