S.Amdt. 2908

SA 2908. Ms. KLOBUCHAR (for herself and Mr. Kohl) submitted an
amendment intended to be proposed to amendment SA 2786 proposed by Mr.
Reid (for himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, to amend the Internal Revenue Code of 1986 to modify the
first-time homebuyers credit in the case of members of the Armed Forces
and certain other Federal employees, and for other purposes; which was
ordered to lie on the table; as follows:

On page 492, between lines 15 and 16, insert the following:

SEC. 2407. SUPPORT FOR FAMILY CAREGIVERS UNDER MEDICARE AND
MEDICAID.

(a) Medicare Family Caregiver Information and Referral.--
State health insurance assistance programs, the Administrator
of the Centers for Medicare & Medicaid Services, and the
Assistant Secretary of the Administration on Aging shall, in
collaboration with each other, directly or by contract,
develop practical, easy-to-understand information and
referral protocols for health care providers, social workers,
and other appropriate individuals to provide to family
caregivers of Medicare beneficiaries either on admission to
or discharge from a hospital (including a discharge from a
hospital emergency room or a hospital outpatient department
which has furnished a surgical service) or a post-acute care
setting (including a skilled nursing facility (as defined in
section 1819(a) of the Social Security Act (42 U.S.C. 1395i-
3(a)), a comprehensive rehabilitation facility (as defined in
section 1861(cc)(2) of such Act (42 U.S.C. 1395x(cc)(2)) or a
rehabilitation agency, a provider of long-term care services,
and a home health agency (as defined in section 1861(o) of
such Act (42 U.S.C. 1395x(o)). Information developed under
the preceding sentence shall--
(1) include information on national, State, and community-
based resources for seniors, individuals with disabilities
and their caregivers, which shall be updated on a semi-annual
basis (or as frequently as practicable);
(2) be disseminated by health care providers, social
workers, and other appropriate individuals as printed
materials (including materials in Spanish and other languages
(other than English) as appropriate); and
(3) be made available on the Internet websites of State
health insurance assistance programs, the Centers for
Medicare & Medicaid Services, and the Administration on
Aging.
(b) Medicaid Assessment of Family Caregiver Support
Needs.--
(1) In general.--Section 1915 of the Social Security Act
(42 U.S.C. 1396n), as amended by section 2401, is amended--
(A) in subsection (c)(2)--
(i) in subparagraph (D), by striking ``and'' at the end;
(ii) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new subparagraph:
``(F) under such waiver the State may provide for an
assessment of family caregiver support needs (in accordance
with subsection (l)).'';
(B) in subsection (d)(2)--
(i) in subparagraph (B), by striking ``and'' at the end;
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new subparagraph:
``(D) under such waiver the State may provide for an
assessment of family caregiver support needs (in accordance
with subsection (l)).'';
(C) in subsection (i)(1)(F), by adding at the end the
following new clause:
``(vii) Where appropriate, an assessment of family
caregiver support needs (in accordance with subsection
(l)).''; and
(D) by adding at the end the following new subsection:
``(l) Assessment of Family Caregiver Support Needs.--
``(1) In general.--In the case of an individual who is
determined to be eligible for home and community-based
services under a waiver under subsection (c) or (d) or under
section 1115, under a State plan amendment under subsection
(i), under an MFP demonstration project established under
section 6071 of the Deficit Reduction Act of 2005, or as part
of self-directed personal assistance services provided
pursuant to a written plan of care in accordance with the
requirements of subsection (j), and who is dependent upon the
assistance of a family caregiver, the State may provide for
an assessment of the family caregiver support needs of the
individual. Such assessment shall, to the extent feasible, be
conducted at the same time as, or closely coordinated with,
the determination of the eligibility of the individual for
such services.
``(2) Questionnaire.--
``(A) In general.--Such assessment shall include asking the
family caregiver of the individual questions in order to
determine whether they would benefit from targeted support
services (such as those services described in paragraph (3)).
``(B) Completion on a voluntary basis.--The answering of
questions under subparagraph (A) by a family caregiver shall
be on a voluntary basis.
``(3) Targeted support services described.--The following
targeted support services are described in this paragraph:
``(A) Respite care and emergency back-up services
(including short-term help for the individual that gives the
family caregiver a break from providing such care).
``(B) Individual counseling (including advice and
consultation sessions to bolster emotional support for the
family caregiver to make well-informed decisions about how to
cope with the strain of supporting the individual).
``(C) Support groups, including groups which provide help
for family caregivers to--
``(i) locate a support group either locally or online to
share experiences and reduce isolation;
``(ii) make well-informed decisions about caring for the
individual; and
``(iii) reduce isolation.
``(D) Information and assistance (including brochures and
online resources for researching a disease or disability or
learning and managing a regular caregiving role, new
technologies that can assist family caregivers, and practical
assistance for locating services).
``(E) Chore services (such as house cleaning).
``(F) Personal care (including outside help).
``(G) Education and training (including workshops and other
resources available with information about stress management,
self-care to maintain good physical and mental health,
understanding and communicating with individuals with
dementia, medication management, normal aging processes,
change in disease and disability, the role of assistive
technologies, and other relevant topics).
``(H) Legal and financial planning and consultation
(including advice and counseling regarding long-term care
planning, estate planning, powers of attorney, community
property laws, tax advice, employment leave advice, advance
directives, and end-of-life care).
``(I) Transportation (including transportation to medical
appointments).
``(J) Other targeted support services the Secretary or the
State determines appropriate.
``(4) Referrals.--In the case where a questionnaire
completed by a family caregiver under paragraph (2) indicates
that the family caregiver would benefit from 1 or more of the
targeted support services described in paragraph (3), the
State shall provide referrals to the family caregiver for
local, State, and private-sector family caregiver programs
and other resources that provide such targeted support
services.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to medical assistance for home and community-
based services that is provided on or after the date of
enactment of this Act.
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