Long-Term Care Workforce Support Act

Increased Compensation and Benefits: The bill seeks to increase Medicaid reimbursement rates to support higher pay, including hazard pay, overtime, and shift differentials for direct care professionals (Section 101). It also aims to provide essential benefits such as paid sick, family, and medical leave (Section 101; Section 332).

Improved Career Opportunities: Through various grant programs, the bill provides pathways for career advancement, professional development, and higher education opportunities for workers (Section 202; Section 206; Section 207).

Career Opportunities for Rural Youth: Grants will fund career exploration and technical education programs to bring awareness to health care careers for elementary and secondary students in underserved rural communities (Section (b)(1)).

Enhanced Workforce Training: The act authorizes grants to support workforce training, recruitment, and the creation of apprenticeship programs to build a qualified pipeline of professionals (Section 202; Section 214).

Improved Worker Well-being Assessment: The Secretary will develop a research-based tool to assess the well-being of direct care professionals, covering workplace culture, safety, and mental health (Section 221(a)(1) and (b)(2)).

National Training Standards: A new Commission will be established to develop industry-recognized, portable training standards for direct care professionals (Section 222(a)(2)).

Mental Health and Resiliency Support: The bill authorizes grants to establish or enhance programs dedicated to improving mental health, preventing suicide, and providing peer support for direct care professionals (Section 231(a)(1) and (3)).

Financial Assistance for Workers: States and tribes can use grants to provide wage subsidies, student loan repayment, tuition assistance, and help with childcare or transportation (Section 234(b)(1)).

Enhanced Labor Protections: Workers will receive specific protections, such as the right to written agreements detailing pay and schedules (Section 312), fair scheduling practices that require notice and compensation for canceled hours (Section 313), and guaranteed meal and rest breaks (Section 316).

Workplace Protections and Safety: The bill includes provisions for wage theft prevention and recovery (Section 302), fair scheduling practices (Section 313), and the prevention of workplace violence (Section 321).

Enhanced Workplace Safety: Employers must implement hazard prevention and engineering controls, such as security systems, alarm systems, and barrier protection, to correct hazards in a timely manner (Section 321(B)(iii)).

Improved Response to Violence: The bill requires procedures for medical care, first aid, and access to information regarding trauma and counseling following a violent incident (Section s321(B)(iv)).

Mandatory Safety Training: Employees are entitled to annual training regarding workplace violence hazards, reporting procedures, and employee rights (Section 321(B)(3)(A)).

Support for Victims of Violence: Paid sick time can be used to seek medical attention, obtain counseling, or take legal action related to domestic violence, sexual assault, or stalking (Section 332(b)(7)).

Guaranteed Paid Sick Leave: Direct care professionals earn paid sick time for physical or mental illness, medical care, and caring for family members (Section 332(b)).

Immediate Leave during Emergencies: During a declared public health emergency, employees can immediately use additional or accrued sick time (Section 332(c)(3)).

Support for Underserved Populations: The bill emphasizes increasing workforce diversity and providing specific support for rural areas, Indian tribes, and underserved urban communities (Section 206; Section 208; Section 215).

Protection for Recipients: The act makes permanent the option for Medicaid recipients of home and community-based services to be protected against spousal impoverishment (Section 103).

Compensation Advocacy: The creation of a National Strategy and Advisory Council aims to provide direct care professionals with a livable wage and improved compensation policies (Section 402(b)).

State Compliance Requirements: To receive increased Medicaid funds, states must meet specific application requirements, including providing descriptions of implementation plans and assurances regarding the use of funds (Section 101).

Risk of Funding Reductions: The Secretary has the authority to reduce the increased Federal medical assistance percentage if a state fails to comply with the requirements of the act (Section 101).

Strict Use of Funds: Grant recipients are subject to specific rules, such as the requirement that funds supplement, rather than supplant, existing state funding levels (Section 101; Section 102; Section 204).

Financial Requirements for Grant Recipients: To be eligible for certain grants, entities may be required to provide recurring non-Federal contributions of at least 50 percent of the total operating costs (Section (c)(2)).

Burden of Data Collection: While the law states the Secretary should minimize it, the development of an assessment tool involves a data collection process for direct care professionals (Section s 221(d)).

Employer Obligations for Violence Prevention: Employers in covered facilities must develop, implement, and maintain specific, tailored workplace violence prevention plans (Section 323(a)(1)(A)).

Employment Restrictions on Leave: An employer is not required to permit a covered direct care professional to earn more than 56 hours of paid sick time in a single year, unless the employer chooses to do so (Section 332(a)(1)).

Wait Times for Leave Use: Unless a public health emergency is in effect, employees may have to wait up to 60 days after starting employment before they are entitled to use their earned paid sick time (Section s332(a)(3)).

Documentation Requirements: Employers may require a certification from a health care provider for sick time requests that cover more than three consecutive workdays (Section 332(e)(2)(A)(i)).