Legislative Action on Lifespan Respite | ARCH National Respite Network & Resource Center

Lifespan Respite Care Program Reauthorization Act of 2020 (H.R. 8906) Became Law on January 5, 2021. Public Law No: 116-324.

HR 8906, introduced by Rep. Jim Langevin in the House on December 9, 2020, was a compromise bill that had originally passed the Senate in February 2020 as S 995 as amended (see actions in Legislative History below).

This bipartisan bill reauthorizes the Lifespan Respite Care Program through FY2024 at $10 million annually . The bill requires each state agency that is awarded a grant under the program to report any data required by the Department of Health and Human Services for program monitoring and evaluation.

HR 8906 passed the House unanimously on December 10, 2020 and passed the Senate unanimously on December 18, 2020. The bill was signed into law on January 5, 2021 (P.L. Public Law No: 116-324).

Public Law PL116-324, Lifespan Respite Reauthorization Act of 2020

Enrolled Bill

House Engrossed Bill

Congressional Record, December 10, 2020

Rep. Langevin's Press Release

Senator Baldwin's Press Release

Legislative History

Lifespan Respite Care Program Reauthorization Act of 2019 (H.R. 2035; S. 995)

On Tuesday, April 2, 2019, the Lifespan Respite Care Reauthorization Act of 2019 was introduced in the Senate by Senators Susan Collins (R-ME) and Tammy Baldwin (D-WI), and in the House by Representatives Jim Langevin (D-RI) and Cathy McMorris Rodgers (R-WA).

House Bill Action:

On June 25, 2019, the Health Subcommittee of the House Energy and Commerce Committee held a hearing on HR 2035.
On July 24, 2019, HR 2035 passed the House by voice vote under suspension of the rules and the House-passed bill was sent to the Senate for consideration. House Congressional Record Floor Proceedings on Passage of HR 2035, the Lifespan Respite Care Reauthorization Act, July 24, 2019.
Watch the House proceedings on passage of HR 2035 on July 24, 2019.

The original House-passed bill introduced by Rep. Langevin authorized $200 million over five years for grants to states to implement statewide coordinated systems of respite services, provide planned and emergency respite services, recruit and train respite workers and volunteers, and provide information to family caregivers to help them access respite services. To date, 37 states and the District of Columbia have received Lifespan Respite grants from the Administration for Community Living. Extending the program for another five years will help assure that states are able to sustain the great work they have begun and still allow new states to receive a grant.

Senate Bill Action

On October 31, 2019, a manager's amendment to S.995 was approved by the Senate Health, Education, Labor & Pensions Committee, clearing it for consideration on the Senate floor. This bill authorizes $10 million annually through FY 2024 and modifies reporting language.
On February 24, 2020, the Senate passed S. 995 by voice vote. Watch the Video of Floor Proceedings for Senate Passage (Senator Susan Collins).

Watch the video of Senate floor proceedings:

Final Action

On December 9, 2020, Rep. Langevin introduced HR 8906, the companion text to the Senate-passed Lifespan Respite Reauthorization bill and it passed the House on December 10, 2021 and then the Senate again on December 18, 2020, clearing it for the President's signature.
Bill was signed into law on January 5, 2021. Public Law 116-324

Important Bill Documents

Earlier House Action:

Earlier Senate Action

June 25, 2019 - House Subcommittee on Health of the Energy and Commerce Committee Holds Hearing on the Lifespan Respite Reauthorization Act, H.R. 2035

On June 25, the House Subcommittee on Health of the Energy and Commerce Committee held a hearing on “Reauthorizing Vital Health Programs for American Families.” The Lifespan Respite Care Program Reauthorization Act of 2019 (H.R. 2035) was one of four public health programs under consideration by the Committee during this hearing. Jill Kagan testified on behalf of the National Respite Coalition, the policy division of ARCH in support of the bill, and answered questions from subcommittee members.

Opening Statements of Committee Chair and Ranking Member

National Respite Coalition Written Testimony

Letter from members of the Autism, Developmental Disabilities and Autism Task Force of the Consortium for Citizens with Disabilities (CCD) in support of HR 2035

AARP Letter in Support of HR 2035

You can watch the hearing here:

Early Lifespan Respite Legislative History, 2003 - 2007

Public Law 109-442, Lifespan Respite Care Act of 2006

An Act, To Amend The Public Health Service Act to Establish A Program to Assist Family Caregivers in Accessing Affordable and High-quality Respite Care, and for Other Purposes, December 21, 2006, Public Law 109-442

Section-by-Section Summary of PL 109-442

Congressional Record of House and Senate Floor Statements on Passage of Lifespan Respite Care Act (December 2006)

This document provides the actual transcribed Congressional Floor Statements of key Senators and House Members as they debated final passage of the Lifespan Respite Care Act in 2006. These floor statements, which carry the weight of law, provide critical information on Congressional intent for how the federal government, as well as states, are expected to implement Lifespan Respite programs.

House Floor Proceedings on Passage of the Lifespan Respite Care Authorization Act of 2006, December 6, 2006

Senate Floor Proceedings on Passage of the Lifespan Respite Care Authorization Act, December 8, 2006

Important Congressional Documents

House Energy and Commerce Committee Report on Lifespan Respite Care Act (September 2006)

The House Committee report is the only Congressional Report in the legislative history of the Lifespan Respite Care Act. It carries the force of law and elaborates on Congressional intent, especially related to who is to be served by state lifespan respite programs and how the program is to be administered at the state and federal levels.

Congressional Record Statements of Reps. Ferguson and Langevin in support of an amendment to the Labor/HHS/Education appropriations bill fund Lifespan Respite at $10 million in FY 08 (CR, page H8010, July 18, 2007)

Congressional Record Statements of Senator Warner, Clinton, Specter, and Harkin in support of an amendment to the Labor/HHS/Education appropriations bill to fund Lifespan Respite at $10 million in FY 08 (CR, page S13236, October 23, 2007)

Senator Clinton's 2005 Congressional Record Statement on the Introduction of the Lifespan Respite Care Act of 2005 (CR, page S6933, June 21, 2005)

Senator Clinton's 2003 Congressional Record Statement on the Introduction of the Lifespan Respite Care Act of 2003, S. 538 (CR, pages 3190-91, March 5, 2003)

Congressman Langevin's 2003 Congressional Record Statement on the Introduction of HR 1083

Summary of Lifespan Respite Care Reauthorization Act (Public Law No: 116-324)

(changes from original law in italics):

Use of Funds:

The Lifespan Respite Program law authorizes competitive grants to eligible state agencies in collaboration with a public or private non-profit state respite coalition or organization to make quality respite available and accessible to family caregivers regardless of age or disability. Aging and Disability Resource Centers must be involved as collaborators as well. The law allows grantees to identify, coordinate and build on federal, state and local respite resources and funding streams, and would help support, expand and streamline planned and emergency respite, provider recruitment and training, and caregiver training. Grantees will have the option of using funds for training programs for family caregivers in making informed decisions about respite services; for other services essential to the provision of respite; and for training and education for new caregivers.

Definition of Lifespan Respite Care

The Act defines lifespan respite care as a coordinated system of accessible, community-based respite care services for family caregivers of children and adults with special needs.

Definition of Respite Care

The Act defines Respite Care as planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of that child or adult.

Lead Agency Eligibility

Funds are provided through a competitive grant process to specified state agencies or a state government agency appointed by the Governor. The state lead entity must involve an Aging and Disability Resource Center and work in collaboration with a public or private nonprofit statewide respite coalition or organization. A memorandum of agreement with the state respite coalition or statewide respite organization is required in the application. Priority would be given to applicants who show the greatest likelihood of implementing or enhancing lifespan respite care statewide.

Who Can Access Lifespan Respite Programs?

Caregivers who are family members, foster parents, other adults providing unpaid (clarified in report language) who care for an adult or child with a special need may access these programs.

Adult with special need is defined broadly as a person 18 years of age or older who requires care or supervision to meet the person's basic needs, to prevent physical self-injury or injury to others, or to avoid placement in an institutional facility.

A child with a special need is a person less than 18 years of age who requires care or supervision beyond that required of children generally to meet the child's basic needs or prevent physical self-injury or injury to others.

Application Submission

The Governor submits application on behalf of the State Agency that administers the Older American's Act, the State's Medicaid program, or another agency designated by the Governor.

Federal Administration

Secretary of Health and Human Services is required to work in cooperation with the National Family Caregiver Support Program Officer of the Administration on Aging and other respite care programs within the Department to ensure coordination of respite for family caregivers.

Funding Authorization

There are authorized to be appropriated to carry out this title $10,000,000 for each of fiscal years 2020 through fiscal year 2024.

National Resource Center

Establishes National Resource Center on Lifespan Respite Care

State Reports

Amends DATA COLLECTION AND REPORTING to read:

(a) Each State agency awarded a grant or cooperative agreement under section 2902 shall report such data, information, and metrics as the Secretary may require for purposes of—
(1) evaluating State programs and activities funded pursuant to such grant or cooperative agreement, including any results pursuant to section 2902(d)(2)(B)(xii); and
(2) identifying effective programs and activities funded pursuant to section 2902.
(b) REPORT.—Not later than October 1, 2023, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding the outcomes of the programs and activities funded pursuant to section 2902, including any effective programs and activities identified.

Legislative History of Lifespan Respite Care Program