SEC. 643. COMMISSION ON LONG-TERM CARE.
(a) ESTABLISHMENT. There is established a commission to be known as the Commission on Long-Term Care (referred to in this section as the ”Commission”).
(1) IN GENERAL. The Commission shall develop a plan for the establishment, implementation, and financing of a comprehensive, coordinated, and high-quality system that ensures the availability of long-term services and supports for individuals in need of such services and supports, including elderly individuals, individuals with substantial cognitive or functional limitations, other individuals who require assistance to perform activities of daily living, and individuals desiring to plan for future long-term care needs.
(2) EXISTING HEALTH CARE PROGRAMS. For purposes of developing the plan described in paragraph (1), the Commission shall provide recommendations for –
(A) addressing the interaction of a long term services and support system with existing programs for long-term services and supports, including the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and the Medicaid program under title XIX of the Social Security Act (42 U.S.C.1396 et seq.), and private long-term care insurance;
B) improvements to such health care programs that are necessary for ensuring the availability of long-term services and supports; and
C) issues related to workers who provide long-term services and supports, including
(i) whether the number of such workers is adequate to provide long-term services and supports to individuals with long-term care needs;
(ii) workforce development necessary to deliver high-quality services to such individuals;
(iii) development of entities that have the capacity to serve as employers and fiscal agents for workers who provide long-term services and supports in the homes of such individuals; and
(iv) addressing gaps in Federal and State infrastructure that prevent delivery of high-quality long term services and supports to such individuals
3) ADDITIONAL CONSIDERATIONS. For purposes of developing the plan described in paragraph (1), the Commission shall take into account projected demographic changes and trends in the population of the United States, as well as the potential for development of new technologies, delivery systems, or other mechanisms to improve the availability and quality of long-term services and supports.
(4) CONSULTATION. For purposes of developing the plan described in paragraph
(1), the Commission shall consult with the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, the National Council on Disability, and relevant consumer groups.
(1) IN GENERAL. The Commission shall be composed of 15 members, to be appointed not later than 30 days after the date of enactment of this Act, as follows:
(A) The President of the United States shall appoint 3 members.
(B) The majority leader of the Senate shall appoint 3 members.
(C) The minority leader of the Senate shall appoint 3 members.
(D) The Speaker of the House of Representatives shall appoint 3 members.
(E) The minority leader of the House of Representatives shall appoint 3 members.
2) REPRESENTATION. The membership of the Commission shall include individuals who
(A) represent the interests of –
(i) consumers of long-term services and supports and related insurance products, as well as their representatives;
(ii) older adults;
(iii) individuals with cognitive or functional limitations;
(iv) family caregivers for individuals described in clause (i), (ii), or (iii);
(v) the health care workforce who directly provide long-term services and supports;
(vi) private long-term care insurance providers;
viii) State insurance departments; and
ix) State Medicaid agencies;
(B) have demonstrated experience in dealing with issues related to long-term services and supports, health care policy, and public and private insurance; and
(C) represent the health care interests and needs of a variety of geographic areas and demographic groups.
(3) CHAIRMAN AND VICE-CHAIRMAN. The Commission shall elect a chairman and vice chairman from among its members.
(4) VACANCIES. Any vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made and shall not affect the power of the remaining members to execute the duties of the Commission.
(5) QUORUM. A quorum shall consist of 8 members of the Commission, except that 4 members may conduct a hearing under subsection (e)(1).
(6) MEETINGS. The Commission shall meet at the call of its chairman or a majority of its members.
(7) COMPENSATION AND REIMBURSEMENT OF EXPENSES.
(A) IN GENERAL. To enable the Commission to exercise its powers, functions, and duties, there are authorized to be disbursed by the Senate the actual and necessary expenses of the Commission approved by the chairman and vice chairman, subject to subparagraph (B) and the rules and regulations of the Senate.
(B) MEMBERS. Members of the Commission are not entitled to receive compensation for service on the Commission. Members may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Commission.
(d) STAFF AND ETHICAL STANDARDS.
(1) STAFF. The chairman and vice chairman of the Commission may jointly appoint and fix the compensation of staff as they deem necessary, within the guidelines for employees of the Senate and following all applicable rules and employment requirements of the Senate.
(2) ETHICAL STANDARDS. Members of the Commission who serve in the House of Representatives shall be governed by the ethics rules and requirements of the House. Members of the Senate who serve on the Commission and staff of the Commission shall comply with the ethics rules of the Senate.
1) HEARINGS AND OTHER ACTIVITIES. For the purpose of carrying out its duties, the Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties.
(2) STUDIES BY GENERAL ACCOUNTING OFFICE. Upon the request of the Commission, the Comptroller General of the United States shall conduct such studies or investigations as the Commission determines to be necessary to carry out its duties.
(3) COST ESTIMATES BY CONGRESSIONAL BUDGET OFFICE. Upon the request of the Commission, the Director of the Congressional Budget Office shall provide to the Commission such cost estimates as the Commission determines to be necessary to carry out its duties.
4) DETAIL OF FEDERAL EMPLOYEES. Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee.
(5) TECHNICAL ASSISTANCE. Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties.
6) USE OF MAILS. The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies.
(7) OBTAINING INFORMATION. The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairman of the Commission, the head of such agency shall furnish such information to the Commission.
(8) ADMINISTRATIVE SUPPORT SERVICES. Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.
(f) COMMISSION CONSIDERATION.
1) APPROVAL OF REPORT AND LEGISLATIVE LANGUAGE.
A) IN GENERAL. Not later than 6 months after appointment of the members of the Commission (as described in subsection (c)(1)), the Commission shall vote on a comprehensive and detailed report based on the long-term care plan described in subsection (b)(1) that contains any recommendations or proposals for legislative or administrative action as the Commission deems appropriate, including proposed legislative language to carry out the recommendations or proposals (referred to in this section as the ”Commission bill”).
(B) APPROVAL BY MAJORITY OF MEMBERS. The Commission bill shall require the
approval of a majority of the members of the Commission.
(2) TRANSMISSION OF COMMISSION BILL.
(A) IN GENERAL. If the Commission bill is approved by the Commission pursuant to paragraph (1), then not later than 10 days after such approval, the Commission shall submit the Commission bill to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority Leaders of each House on Congress.
(B) COMMISSION BILL TO BE MADE PUBLIC. Upon the approval or disapproval of the Commission bill pursuant to paragraph (1), the Commission shall promptly make such proposal, and a record of the vote, available to the public.
(g) TERMINATION. The Commission shall terminate 30 days after the vote described in subsection (f)(1).
(h) CONSIDERATION OF COMMISSION RECOMMENDATIONS. If approved by the majority required by subsection (f)(1), the Commission bill that has been submitted pursuant to subsection (f)(2)(A) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a member of the House designated by the majority leader of the House.