FEDERAL POLICY PRIORITIES FOR THE DIRECT CARE WORKFORCE - PHI National
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CONTENTS 5 Introduction 6 About the Direct Care Workforce 8 Why Federal Leaders Should Strengthen This Workforce 10 Federal Recommendations 10 Financing 13 Compensation 16 Training 19 Workforce Interventions 22 Data Collection 25 Direct Care Worker Leadership 28 Equity 31 Public Narrative 37 Appendix 1: Profile of the U.S. Direct Care Workforce 39 Appendix 2: PHI Framework: The 5 Pillars of Direct Care Job Quality 40 Appendix 3: Highlights of PHI’s Record of Bipartisan Federal Policy Action
ABBREVIATIONS ACL Administration for Community Living CDC Centers for Disease Control and Prevention CMS Centers for Medicare & Medicaid Services DOE U.S. Department of Education DOL U.S. Department of Labor FLSA Fair Labor Standards Act GAO U.S. Government Accountability Office HCBS Home and community-based services HHS U.S. Department of Health and Human Services HRSA U.S. Health Resources and Services Administration LTSS Long-term services and supports NIH National Institutes of Health OMB Office of Management and Budget Federal Policy Priorities for the Direct Care Workforce 1
“We aren’t hearing as much about home health aides in the news, but we are dealing with our own crises during this pandemic. It’s a scary time right now for us, as well as for our clients and their families.” ZULMA TORRES ome Health Aide at Cooperative H Home Care Associates, Bronx, NY 2 Federal Policy Priorities for the Direct Care Workforce
INTRODUCTION Throughout the country, millions of economic development, and address long- direct care workers—home care workers, standing societal inequities. An investment residential care aides, and nursing in this workforce also helps all U.S. assistants—ensure that older adults workers. To paraphrase a popular saying in and people with disabilities have the our field: direct care workers perform the support they need across care settings. work that makes all other work possible. The COVID-19 crisis has reinforced the enormous value of these workers, and This report offers an extensive and detailed government officials have rightfully deemed set of federal policy recommendations them “essential” during this period—one of aligned with the recommendation areas the greatest truisms ever publicly affirmed in our flagship report, Caring for the about this workforce. Future: The Power and Potential of America’s Direct Care Workforce: financing, Unfortunately, the quality of direct care compensation, training, workforce jobs does not reflect their essential interventions, direct care worker leadership, contribution. These jobs are often equity, and the public narrative.1 It also characterized by inadequate compensation, includes recommendations for navigating limited training and advancement and learning from the COVID-19 crisis. opportunities, long-standing inequities, and a general lack of recognition and support. PHI has worked successfully on As a result, employers struggle to recruit bipartisan policy initiatives for decades and retain workers during a time when (see Appendix 3). We trust this collaboration the rapid aging of this country continually will continue and welcome conversations drives up demand for these workers— on any of these ideas. with many workers opting for modestly better jobs in fast food and retail. Without enough workers willing to take these jobs, consumers are forced to go without the services they need, and family caregivers are left without support and respite. A new presidential administration provides hope and possibility. Federal leaders— the White House, Congress, and key federal departments and agencies—can institute a broad range of actions that will improve economic security for direct care workers, enhance care for older adults and people with disabilities, support long-term care employers, promote Federal Policy Priorities for the Direct Care Workforce 3
ABOUT THE DIRECT CARE WORKFORCE Direct care workers support older adults Unfortunately, despite their enormous and people with disabilities with daily value—as demonstrated most recently tasks and activities across settings, from during the COVID-19 crisis—this workforce private homes to residential care homes has struggled with poor job quality for (such as assisted living) to skilled nursing decades with regards to compensation, homes. This workforce comprises three training, career advancement, employment main occupational groups—personal care supports, and more. Direct care work is aides, home health aides, and nursing often unseen or underestimated, including assistants—but are known by a variety of job its physical demands, social and emotional titles in the field. Direct care workers who complexity, and contributions to consumers’ are employed directly by consumers, either health management. Poor job quality affects through Medicaid programs or private-pay workers, who cannot sustain and succeed in arrangements, are often called “independent these roles; consumers, who cannot access providers.” Workers who support individuals high-quality continuous care; and employers, with intellectual and developmental who struggle to find and keep the workers disabilities are known as “direct support they need to meet growing demand. professionals.” More than ever, a significant federal investment in this workforce is desperately needed. DIRECT CARE WORKERS AT A GLANCE 4.6 million | Number of direct care workers 87% | Percentage of direct care workers who are women 59% | Percentage of direct care workers who are people of color 27% | Percentage of direct care workers who are immigrants $12.80 | Median hourly wage for direct care workers 45% | Percentage of direct care workers living in or near poverty 36% | Percentage of direct care workers who lack affordable housing 47% | Percentage of direct care workers accessing some form of public assistance (food and nutrition assistance, Medicaid, and/or cash assistance) 7.4 million | Number of job openings in direct care between 2019 and 2029, including 1.3 million new jobs to meet rising demand and 6.9 million openings caused by workers who transfer to other occupations or exit the labor force altogether Source: PHI. “Workforce Data Center.” Accessed 6/8/2021. https://phinational.org/policy-research/workforce-data-center/. 4 Federal Policy Priorities for the Direct Care Workforce
“It takes courage and patience to take good care of others. It can be so hard dealing with sick people, but I have empathy for others and really enjoy this work.” MARICHU BUENAVENTURA Caregiver at Courage LLC and Member of Pilipino Workers Center Los Angeles, CA Federal Policy Priorities for the Direct Care Workforce 5
WHY FEDERAL LEADERS SHOULD STRENGTHEN THIS WORKFORCE Direct care workers struggle to make Nearly half of direct care workers live in or ends meet in their jobs, which drives near poverty, a critical reason why so many them into poverty and out of this workers leave long-term care for other field. Federal leaders should improve industries, like retail and fast food. Recent economic security for these workers and research from PHI showed that in all 50 help stabilize this job sector. states and the District of Columbia, the direct care worker median wage is lower than the median wage for other occupations with similar entry-level requirements, such as janitors, retail salespersons, and customer service representatives. In many states, “There’s too much work direct care worker wages cannot even to get done and not enough compete with occupations with lower entry- level requirements. people doing the work. And I know that a lot of A growing number of older adults and people with disabilities rely on these that has to do with pay.” workers to live and thrive, yet poor job quality makes it difficult to meet this CAMRAN HAYES need. Federal leaders should ensure that H ome Care Specialist more individuals can access workers in the and Personal Care Worker long-term care setting of their choice. at Community Living As the number of older adults surges in the Alliance, Madison, WI decades ahead, from 56.1 million in 2020 to 94.7 million by 2060, demand for direct care workers will also increase significantly (see the figure on page 9).2 However, unless these jobs are transformed, turnover will remain high, job openings will be left vacant, and consumers will suffer the consequences of this staffing crisis. 6 Federal Policy Priorities for the Direct Care Workforce
Direct Care Worker Projected Job Openings, 2019 to 2029 LABOR FORCE EXITS 3,330,000 OCCUPATIONAL TRANSFERS 2,821,000 NEW JOBS 1,276,400 Source: PHI. “Workforce Data Center.” Accessed 6/8/2021. https://phinational.org/policy-research/workforce-data-center/.” Job growth and a strong economy should Like in many other sectors where these go hand in hand, but substandard jobs populations form the majority, these in sectors like direct care disrupt this workers are forced to struggle financially in equation. Federal leaders should advance jobs that are not tenable in the long term. economic development by transforming Promoting equity is one more reason why these jobs. At 4.6 million workers, the federal leaders should prioritize these jobs. direct care workforce is now larger than The COVID-19 pandemic has reinforced any other occupation in the country. The and amplified the deep-rooted quality of direct care jobs should reflect challenges facing the direct care the size and value of this workforce—but workforce. Federal leaders should help instead, poor job quality leads to high and us move out of this crisis and remain costly turnover, increased expenditure on focused on sustainable workforce public assistance, and reduced consumer solutions. Already, the Biden-Harris spending. The lack of robust training and administration has acted decisively to help advancement opportunities for direct this country emerge from the COVID-19 care workers foregoes other economic crisis, from a successful (though unfinished) benefits as well; research has shown that vaccine roll-out campaign to guiding states investment in training and advanced roles and employers with dealing in the long can reduce emergency department visits, term with “temporary nurse aides” hired hospital admissions, and other expensive during the COVID-19 crisis—and much more. health outcomes. While federal measures will still be needed The individuals who make up this to address the immediate challenges of essential workforce have long dealt COVID-19 until this health crisis sunsets, the with the historical inequities created recommendations in this report focus on by structural racism and gender broader measures to dramatically improve inequality. Federal leaders should jobs for our country’s direct care workers. right these wrongs once and for all. Women, people of color, and immigrants comprise most of the direct care workforce. Federal Policy Priorities for the Direct Care Workforce 7
FEDERAL RECOMMENDATIONS Reform Long-Term Care Financing to Strengthen Direct Care Jobs A stronger financing approach to long-term care would improve job quality for direct care workers, as well as better meeting consumers’ needs. Poor job quality in direct care has persisted to create good direct care jobs. From for decades—and it has been primarily strengthening Medicaid (including raising shaped by inadequate public investment Medicaid funding levels and providing in long-term care and its primary payer, adequate reimbursement rates to providers) Medicaid. As this country rapidly ages and to designing new social insurance programs individuals live longer, demand for direct in long-term care at the state and federal care workers will surge, further straining level, significant policy action is needed to Medicaid resources and making it nearly bolster financing in this sector and transform impossible for policymakers and employers direct care jobs. KEY FACTS 52% $54,000- 1 Percentage of long-term services and supports (LTSS) spending in 2018 $106,000 Yearly estimated median Number of state-based social insurance programs attributed to Medicaid.3 in long-term care costs for LTSS.4 (Washington State).5 8 Federal Policy Priorities for the Direct Care Workforce
Recommendations • Medicaid Reform. Congress and the (that include workers) to create and regularly Centers for Medicare & Medicaid Services update an “HCBS workforce plan” that (CMS) should protect and reform Medicaid, details the specific needs and costs of fully the primary public payer of long-term supporting home care workers. These care. As a key priority, Congress and CMS workforce plans should include a strategy to should support states in ensuring that establish a wage floor based on a living wage long-term care providers receive adequate (with guidance on the formula from federal reimbursement rates to deliver quality leaders), higher wages tied to advancement, services and improve direct care jobs.6 and a transparent rate-setting process that covers all care delivery costs, including a • Alternative Financing Models. Alternative baseline rate for managed care plans. financing models are needed to address the increased and unsustainable pressures on Medicaid as the primary payer of long- term care. (Recent research shows that 56 percent of people turning 65 between “You need to work really hard 2020 and 2024 will require some form on this job, to work really hard. of paid LTSS at some point in their lives.7) You do a lot of things for your client As one key action, Congress should enact and fully fund the Well-Being Insurance and at the same time the pay is very, for Seniors to be at Home (WISH) Act. very low. That is something that The WISH Act would create a federal I don’t like from it. This is social insurance program in long-term the only thing that I don’t like. care through a public-private partnership, The salary is very low.” assisting individuals with the high costs of these services. To ensure consumers MARIA MARRERO can truly benefit from enhanced access to Certified Home Health Aide long-term care, the Act should also include at HomeCare Options measures to transform and fully finance Totowa, NJ direct care jobs.8 • HCBS Access and Workforce Plans. Congress should introduce, enact, and fully fund the Home and Community- Based Services Access Act, which would fund states to develop and strengthen their HCBS infrastructure and further invest in the home care workforce. The Act would abolish Medicaid’s historical institutional bias by making HCBS mandatory. Federal leaders should also ensure that this Act requires states to convene multi-stakeholder workgroups Federal Policy Priorities for the Direct Care Workforce 9
PHI’S NATIONAL ADVOCACY LEADERSHIP In response to the growing interest in state-based social insurance programs in long-term care, PHI issued a report with nine concrete strategies for ensuring that eligible consumers can access the support they require from a high-quality, adequately supported workforce.11 In addition, as part of PHI’s multi-state advocacy initiative in Michigan, New Jersey, New Mexico, New York, and North Carolina, advocates across these states are focusing on improving wages and reimbursement rates under Medicaid as one of their top three priorities to pursue over the next two years.12 s top priorities for the workforce, the A care plans. CMS should also provide Act should also address training, career guidance and technical assistance to advancement, recruitment, retention, states on how to invest in the direct and innovation. workforce through value-based payment arrangements. Effectively leveraging • Public Investment Standards and the role of direct care workers in value- Value-Based Payment. CMS should bayed payment arrangements helps incentivize states to build minimum improve health care quality while reducing standards for direct care jobs into their unnecessary costs.10 contracts with providers and managed 10 Federal Policy Priorities for the Direct Care Workforce
Increase Compensation for Direct Care Workers irect care workers deserve better wages and benefits D to improve their economic security and overall wellbeing. Wages for direct care workers are untenably Unfortunately, policy proposals that low and have barely budged over the last aim to increase wages for low-wage 10 years. As a result, direct care workers workers (including direct care workers) are often forced into poverty, cannot are rarely paired with an increase in make ends meet or support their families, public funding that would help long-term and end up leaving this field for other care employers cover these higher wages industries, such as fast food and retail. without cutting service hours for older Exacerbating this injustice is the reality adults and people with disabilities. that many direct care workers lack access The entire long-term care system to full-time schedules and critical supports needs sufficient funding and reform to such as health coverage, paid sick days, improve the economic wellbeing of paid family and medical leave, or affordable these essential workers. childcare and long-term care support. KEY FACTS 13 $0.19 Growth in the inflation- $20,300 Median annual earnings for 15% Percentage of direct care adjusted median hourly direct care workers. workers without any health wage for direct care workers insurance. between 2009 and 2019, from $12.61 to $12.80. Federal Policy Priorities for the Direct Care Workforce 11
Recommendations • American Families Plan. Congress should enacted, federal leaders should provide enact and fully fund the American Families rules and guidance to states on how to Plan, which would expand affordable implement these new provisions, taking childcare, universal preschool, expanded into consideration the needs of payers, higher education access, individual and providers, workers, and consumers family tax credits, and comprehensive paid across long-term care settings, and leave for millions of workers, including key considerations such as Medicaid direct care workers.14 Once the plan is reimbursement formulae, managed care contracts, employment practices, and consumer and worker education, among other needs. “It’s so unfortunate that in the • National Compensation Strategy. CMS, ACL, HRSA, DOL, and other world we live in, the caregiving stakeholders should work together to profession receives the lowest develop a national compensation strategy category of pay. Yet it requires that addresses direct care workforce a lot of intelligence. It requires concerns. Among its responsibilities, this inter-agency group should develop a lot of agility to be able specific recommendations on how to respond to a need or an states should set their Medicaid rates to emergency.” ensure competitive wages and benefits for direct care workers, considering ALLEN GALEON both traditional Medicaid and managed Caregiver and Worker Leader at Pilipino care contexts. The recommendations Workers Center, Los Angeles, CA should take into account full-time scheduling barriers, “benefit cliffs” and “benefit plateaus,” and other factors and possibilities. The recommendations should then be translated into regulations for rate-setting and enforcement processes at the state level. • Financial Support Programs. DOL should fund financial literacy and counseling programs that help direct care workers (among other low-wage workers) understand complex job-related benefits and supports (including health insurance options), navigate financial challenges, and plan for their short- and long-term financial futures. 12 Federal Policy Priorities for the Direct Care Workforce
PHI’S NATIONAL ADVOCACY LEADERSHIP PHI provided in-depth research and policy analysis on extending wage and overtime protections to U.S. home care workers for nearly a decade before the U.S. Department of Labor announced, in December 2011, that it would extend these protections under the Fair Labor Standards Act.17 We also joined forces with several national organizations to ensure implementation of the ruling, launching a “Campaign for Fair Pay” that helped solidify this win. At the state level, PHI was instrumental in designing and helping to pass New York State’s historic 2011 Wage Parity Law, which established a consistent wage floor with benefits for home health aides and personal care aides.18 • Benefit Cliffs and Plateaus. DOL and HHS should develop a strategy with analysis, rules, regulations, and guidance to help states address benefit cliffs and • State and Regional Public Authorities. benefit plateaus among low-wage workers, DOL should fund the creation of state or including direct care workers. (These cliffs regional public authorities that improve and plateaus occur when, as low-wage job quality (including by setting wage workers’ wages and hours increase, their floors) for independent providers, while total compensation drops or remains the promoting the principles of consumer same due to a corresponding decrease in direction. (Independent providers are public benefits.) This strategy should build direct care workers employed directly on existing research and guidance from by consumers through publicly funded the field and explore approaches such consumer-direction programs.) While this as adjusting the design of public benefit figure is difficult to calculate, PHI estimates eligibility limits and requirements and that at least one million independent working with workers to reduce the impact providers are employed through Medicaid- of losing benefits, among other strategies.15 funded consumer-directed programs.16 Federal Policy Priorities for the Direct Care Workforce 13
Strengthen Training Standards and Delivery Systems for Direct Care Workers oday’s direct care workers need a training approach that T appropriately prepares them for the complex and valuable services they deliver. The training landscape for direct care the workforce overall. Additionally, training workers makes it nearly impossible to requirements for direct care workers tend ensure that they are adequately skilled and to focus on the tasks associated with prepared to succeed in their roles. Training assisting consumers with activities of daily requirements for direct care workers are living and instrumental activities of daily uneven and insufficient throughout the living, yet less attention has been given to country, with federal mandates applicable the physical, social, and emotional demands only to some workers and state-level of direct care or the extent to which direct training regulations varying widely across care workers are increasingly supporting states, long-term care settings and job titles. people with complex health conditions. Moreover, disjointed training regulations The entire training landscape—its standards, make it difficult for workers to translate their curricula, and general infrastructure—must experiences across settings (from home care be better developed, standardized, and to residential care, for example), limiting resourced. their career mobility and the versatility of KEY FACTS 19 32 18 7 States (plus DC) that States (plus DC) that States with no training have expanded training have expanded training requirements for personal requirements for nursing requirements for home health care aides. assistants beyond the aides beyond the 75-hour 75-hour federal minimum. federal minimum. 14 Federal Policy Priorities for the Direct Care Workforce
Recommendations • National Competency-Based Training s part of this effort, CMS should set A Standard. CMS, ACL, DOL, DOE, and and fund minimum standards for training other relevant stakeholders should work quality, for example in regard to instructor together to establish a national standard qualifications, student-teacher ratios, and for direct care competencies that draws training space and equipment, among other on existing core competency sets and factors. is applicable to all direct care workers regardless of payment source. CMS should • New Research. DOL should commission a study on the national training infrastructure also require that states adopt these core for direct care workers to identify gaps competencies with the ability to tailor and best practices. As well as summarizing them to state-specific requirements and the evidence base on direct care training regulations. Federal leaders should provide interventions, this study should examine in guidance to states on how to integrate detail the characteristics and geographic these competencies into their training standards and credentialing programs, among other concerns. • Personal Care Aide Training Requirements. CMS should create “Working in these advanced roles minimum federal training standards has given me a lot of confidence in for personal care aides, ensuring parity with home health aides and nursing what I do. I feel good about being assistants. Personal care aides are a able to help more clients, more rapidly growing yet largely unregulated workers, and more family members part of the direct care workforce. in this way. I continue to learn, • Training Infrastructure. Federal leaders which is also good for me.” should support states in strengthening MARISOL RIVERA their direct care workforce training Care Coordinator at infrastructures, including by providing Cooperative Home Care funding to develop and enforce Associates, Bronx, NY competency-based training standards and deliver and evaluate training. As two avenues, Congress should enact and fully fund the Direct Support Worker Training Reimbursement Act, which would increase federal matching payments for training programs focused on the direct care workforce, and the Mollie Baldwin Upskilling of Personal and Home Care Aides Act, which would fund competency- based upskilling training models in direct care.20 Additionally, CMS should expand Medicaid to cover entry-level training costs for all direct care occupations. Federal Policy Priorities for the Direct Care Workforce 15
PHI’S NATIONAL ADVOCACY LEADERSHIP For years, PHI has been tracking training requirements for personal care aides, home health aides, and nursing assistants across the 50 states and DC, describing the significant variance across states and occupations and highlighting the urgent need to strengthen and standardize these requirements.21 PHI’s workforce innovations division has also innovated in this area: as one leading example, our Homecare Aide Workforce Initiative used a mix of training, recruitment strategies, peer mentoring, coaching supervision, supportive services, and case management to improve job satisfaction and retention (among other outcomes) among participating home care workers.22 coverage of existing training programs; the extent to which these programs measure workforce, care, and cost • Job Quality Measures. HHS and DOL outcomes; funding needs and mechanisms should develop and incorporate a core for training; the use and efficacy of set of direct care workforce quality e-learning and virtual training; and the measures into federally funded long-term prevalence of complementary training for services and supports programs and direct care supervisors, among other areas. demonstrations, informed by the National This study should also assess how the Quality Forum final report of September direct care training landscape addresses 2016. Grantees leading projects that topics such as dementia care; other types of involve direct care workers should be condition-specific care; social isolation and required to submit progress and final loneliness; cultural, linguistic, and lesbian, reports on how their projects have met gay, bisexual, and/or transgender (LGBT) these quality standards. competence; and much more. 16 Federal Policy Priorities for the Direct Care Workforce
Fund, Implement, and Evaluate Direct Care Workforce Interventions rom advanced roles to care integration to recruitment and F retention, a wide array of workforce interventions will help stabilize the direct care workforce. The growing population of older adults including interventions that strengthen the in this country and the persistence of poor job pipeline into direct care; approaches job quality in direct care will continue that better integrate these workers into the to generate a workforce recruitment consumer’s interdisciplinary care team; and and retention crisis in the foreseeable advanced role opportunities that provide a future. To ensure that the long-term care career ladder with elevated titles, functions, sector can meet the growing demand for and compensation. These interventions direct care workers—and that workers should be properly funded, implemented, can thrive professionally and financially and evaluated with an eye to their impact in these critical roles—a variety of direct on worker, client, and cost outcomes. care workforce interventions are needed, KEY FACTS 99% Turnover rate for 65% Turnover rate for $6,000 The estimated savings per nursing home staff.23 home care workers.24 supervisor (among those reporting time efficiencies due to the training) in a 2006-2010 PHI-led intervention that reached more than 2,000 supervisors and led to enhanced problem solving and efficiency on the job.25 Federal Policy Priorities for the Direct Care Workforce 17
Recommendations • Workforce Interventions Investment loneliness, mental health, vulnerable and Inter-Agency Coordination. DOL, in people (such as LGBT individuals), and coordination with HHS and DOE, should others. These interventions should engage fund and evaluate a broad range of direct workforce development providers, care workforce interventions in areas such educational institutions, direct care as: entry-level and specialized training, employers, labor organizations, and advanced roles, recruitment and retention, industry associations, among other stakeholders, and evaluate their impact on employment, care, and cost outcomes. • Boosting the Direct Care Field. Congress should enact and fully fund the Direct “As a peer mentor, I train Creation, Advancement, and Retention new home health aides of Employment (CARE) Opportunity Act, which would invest more than $1 billion and make myself available over five years in workforce interventions to support a group of five that improve training, recruitment, aides. They can come retention, and advancement opportunities in the direct care workforce.26 This Act is to me with any questions designed to support interventions in high- or concerns they have, or to need areas and encourage consultation simply talk about their day.” with diverse stakeholders, and it requires that interventions be evaluated for their JANET FOLSOM impact on workers, consumers, and overall ome Health Aide, Certified Nursing Assistant, H care costs. and Peer Mentor at Knute Nelson Alexandria, MN • Advanced Role Evidence Base. Congress should re-introduce, enact, and fully fund the Improving Care for Vulnerable Older Citizens and People with Disabilities through Workforce Advancement Act, supervision, e-learning, technology, and which would build the evidence base on more. CMS, ACL, HRSA, and other relevant advanced role models in direct care, with agencies should also support new models a specific focus on models that better of service delivery across long-term care integrate workers into the interdisciplinary settings, including universal worker roles, care team and models where workers models that connect workers to other can improve support for individuals with services (such as housing supports), and complex chronic conditions.27 As designed, models that maximize the direct care role the Act would prioritize advanced through upskilling, care integration, and role interventions that address vulnerable meaningful career ladders. Additionally, populations, neglected regions of the CMS and DOE should support approaches country, and rural and urban needs. that strengthen workers’ abilities to support individuals with dementia, people at risk or dealing with social isolation and 18 Federal Policy Priorities for the Direct Care Workforce
PHI’S NATIONAL ADVOCACY LEADERSHIP For years, PHI’s workforce innovations have greatly helped direct care workers and their employers. Our Care Connections Project created an advanced role for home care workers—the “Care Connections Senior Aide”—which has helped improve job satisfaction, decrease emergency department visits, and reduce family caregiver strain.31 As another example, in 2014 PHI worked with local colleges, municipal agencies, and private employers to better recruit, train, and retain direct care workers through the City University of New York (CUNY) system. This intervention led to high employment and retention rates: 76 percent of trainees secured a job and 75 percent of those workers retained their jobs three months after completing the training.32 • Recruitment and Retention. ACL should certification records of direct care workers commission a study on recruitment and (with privacy safeguards in place). PHI retention challenges in the direct care has identified only 14 matching service workforce, scan the field for best practices registries in 10 states (as of 2019), and in program design on these topics, and many of them are under-resourced and not promote these findings broadly. The agency maximizing their potential.28 should also work with experts in the field to develop a recruitment and retention guide • Dementia Care Competence. HHS should create a strategy to build dementia for ACL grantees that are leading projects care competence among direct care that employ direct care workers. workers (and other health care workers), • Matching Service Registries. DOL building on the recommendations from the should commission a feasibility study to Workforce Development Workgroup that assess the strengths, risks, logistics, and was formed as part of the 2020 National total costs of launching and promoting Research Summit on Care, Services and matching service registries in every state. Supports for Persons with Dementia and A matching service registry is an online job Their Caregivers.29 More than 6 million board where consumers and workers find individuals are currently living with each other based on needs, preferences, Alzheimer’s in the U.S.—by 2050, this and availability—and can serve as a useful number will grow to 13 million.30 platform for centralizing training and Federal Policy Priorities for the Direct Care Workforce 19
Improve Direct Care Workforce Data Collection and Monitoring L ong-term care leaders need better data on the size, stability, credentials, and compensation of the direct care workforce and on direct care job quality. When it comes to tracking and measuring need to make sound decisions that would key workforce dimensions such as size, improve these workers’ jobs. Additionally, stability, credentials, and compensation federal industry and occupational codes (among other variables), federal and need updating, which includes developing state data collection systems remain a new code for direct support professionals inadequate and under-resourced. As a result, (among other improvements), and job quality policymakers, industry leaders, and other metrics need widespread adoption across long-term care stakeholders—at the local, research, policy, and practice. state, and federal levels—lack the data they KEY FACTS 1 23% 12 Number of staffing Percentage of nursing Number of years since the measures included in homes reporting Centers for Medicare & the national 5-Star staffing shortages during Medicaid Services (CMS) Quality Rating System the peak of the COVID-19 published a report calling for for nursing homes.33 pandemic.34 a minimum data set on the direct care workforce.35 20 Federal Policy Priorities for the Direct Care Workforce
Recommendations • Workforce Definitions and Eligibility • Job Quality Measures. HHS and DOL Requirements. DOL, in coordination with should develop and incorporate a CMS and other relevant agencies, should core set of direct care workforce quality work with experts in the field to establish measures into federally funded long- a definition of “direct care worker” that term services and supports programs captures the core competencies of this role and demonstrations, informed by the and specifies the additional competencies National Quality Forum’s final report required for distinct settings (such as HCBS from September 2016.36 Grantees leading versus nursing home care) and population projects that involve direct care workers served (such as older adults or individuals should be required to submit progress and with intellectual and developmental final reports on how their projects have disabilities). This definition could be used met these quality standards. to bring greater consistency to the laws and other public policies that govern this workforce. • Data Collection Infrastructure. “You need a whole lot of DOL should fund states to build and strengthen their data collection patience to do this job. infrastructure on the direct care You don’t know what kind workforce—toward the goal of of day your clients are systematically collecting employer- level data on the direct care workforce going to have, or what you statewide and centralizing the training are going to be dealing with. and certification records of direct care All clients are different.” workers (with clear privacy safeguards in place). This investment in state-level RICARDO ARAUJO data collection infrastructure should Home Health Aide at be informed by an updated, national Cooperative Home Care minimum data set on this workforce Associates, Bronx, NY and paired with guidance and requirements for reporting and analysis. • Minimum Data Set on Direct Care Workers. CMS should update its minimum data set recommendations on the direct care workforce, which were developed in 2009 by the National Direct Service Workforce Resource Center. This set should include workforce volume, stability, compensation, and training/ credentialing rates—and should account for workers employed across long-term care settings and by all employer types. Federal Policy Priorities for the Direct Care Workforce 21
PHI’S NATIONAL ADVOCACY LEADERSHIP In 2009, as part of the National Direct Service Workforce Resource Center created by CMS, PHI developed a first- ever, expert-informed minimum data set on this workforce, which included specific indicators related to workforce volume, stability, and compensation and a list of additional variables for more detailed analysis.39 Additionally, our annual research on direct care workers, typically released the week of Labor Day, provides a detailed and up-to-date statistical picture for the field on direct care demographics, occupational roles, job quality challenges, and projected job openings.40 • Direct Support Professionals Classification. The Office of Management and Budget (OMB) should work with long-term care and workforce experts to (conducted in 2007), the first and only update the existing federal industry and national probability surveys focused on this occupational classification codes so that workforce. they characterize the direct care workforce more accurately. Specifically, OMB should • New Research. HHS and the National establish a Direct Support Professional Institutes of Health (NIH) should Standard Occupational Classification code fund original studies on the direct to distinguish these workers from nursing care workforce, including studies that assistants, home health aides, and personal measure workforce size and composition; care aides. Congress could alternatively consumers’ experiences with direct care enact and fully fund the Recognizing the workers; and a variety of other vital, Role of Direct Support Professionals Act, understudied topics. which accomplishes this goal.37 This action • Lessons Learned Report. HHS should would help researchers and other leaders commission and release a report on measure and describe the workforce lessons learned from the COVID-19 capacity for supporting individuals with crisis related to direct care workers, intellectual and developmental disabilities. building on the final report to CMS from • National Direct Care Surveys. The the Coronavirus Commission for Safety National Center for Health Statistics at the and Quality in Nursing Homes and the CDC should re-issue its National Nursing upcoming report from the Committee Assistant Survey (conducted in 2004) on the Quality of Care in Nursing Homes and National Home Health Aide Survey at the National Academies of Sciences, Engineering, and Medicine.38 22 Federal Policy Priorities for the Direct Care Workforce
Center Direct Care Workers in Leadership Roles and Public Policy irect care workers are experts on their jobs and care delivery, D and they should help define the future of this workforce. As the paid frontline of long-term care for leaders should create workgroups to older adults and people with disabilities, develop action plans to improve these direct care workers possess unique insights jobs—and include workers front and on how to improve the quality of their jobs center in these groups. Divisions of paid and the delivery of care. Unfortunately, care can be instituted at different levels of their experiences and wisdom are often government with the remit of supporting left out of the discussions and initiatives direct care workers, childcare workers, and shaping policy and practice in this rapidly housekeepers to access their rights and growing job sector. To address these benefits, among other offerings. Finally, problems, a variety of mechanisms exist to direct care workers should be tapped for center direct care workers in leadership key advisory roles and leadership positions roles and public policy. Federal and state across the public and private sector. KEY FACTS 16 1 38% Number of statewide Number of divisions of Turnover rate in worker-owned direct care workgroups paid care that have been home care cooperatives, that have been convened created at either the local, compared to the turnover rate since 2003.41 state, or federal level.42 of 65 percent or higher in the broader direct care field.43 Federal Policy Priorities for the Direct Care Workforce 23
Recommendations • National Strategy on the Direct his council should include direct care T Care Job. HHS should develop a national workers themselves, and its strategy should direct care workforce strategy, convening include identifying funding for the council’s a stakeholder advisory council to identify recommendations, producing regular actions that government, providers, public- progress reports, and developing new private sector organizations, philanthropy, recommendations as needed. This council and others can take to completely could take on some of the challenges transform the direct care job. described above, including the national compensation strategy, competency-based training standards, and updated workforce definitions. “If I could make a change, it • Paid Care Division. DOL should establish would be for this field to show a division of paid care to work with states and localities in assisting direct more appreciation for what we care workers, childcare workers, and do, because we are the main housekeepers with legal and employment backbone of this work. We’re concerns, building on the successful model the most hands-on with clients in New York City.44 This division would and spend more time with also educate and support employers in fulfilling their responsibilities, and monitor them than anyone else.” trends and new developments across these MICHELLE GODWIN job sectors. As one example, the division ertified Nursing Assistant C could continue monitoring compliance Killearn Lakes, Tallahassee, FL with the “Home Care Final Rule” that went into effect in 2015, extending wage and overtime protections under the Fair Labor Standards Act (FLSA) to home care workers nationwide.45 • Domestic Worker Rights. Congress should enact and fully fund the Domestic Workers Bill of Rights Act, which would provide a number of rights and protections for home care workers, childcare workers, and housekeepers related to compensation, worker protections, sick leave, discrimination, privacy, health and safety, and more.46 24 Federal Policy Priorities for the Direct Care Workforce
PHI’S NATIONAL ADVOCACY LEADERSHIP In 2020, PHI launched the Direct Care Worker Story Project, which works with direct care workers nationwide to document their stories and share their ideas for transforming their jobs.48 This project aims to enhance the visibility of this workforce, amplify workers’ voices, and draw on their unique wisdom to inform policy and practice. Our multi-state advocacy initiative—Essential Jobs, Essential Care— has also ensured that workers are centered as experts and advocates in state-level advocacy.49 As one example, direct care workers led panels during the first statewide gatherings for this initiative in early 2021, grounding these conversations in their frontline experiences. • Statewide Workgroups. DOL should fund states to establish and maintain statewide workgroups focused on the direct care • Leadership Development. DOL should workforce.47 These workgroups should fund leadership development programs for bring together diverse stakeholders across direct care workers to build their leadership the state to assess the direct care workforce and advocacy capacities, while connecting landscape and identify an expansive set of this program to leadership positions in policy recommendations to improve these government and the community. jobs. Workgroups could also advocate • Policy Events. DOL and HHS should together to advance these ideas and hold regular convenings, hearings, and identify new possibilities as they emerge. briefings on various topics related to the • Stakeholder Advisory Groups. HHS and direct care workforce, including but not DOL should require that grantees leading limited to staffing challenges, training and projects that involve direct care workers advancement, data collection and research, form stakeholder advisory groups that equity and inclusion, and much more. include these workers. These events should allow for public input and engagement. Federal Policy Priorities for the Direct Care Workforce 25
Rectify Structural Gender and Racial Inequities for Direct Care Workers Women, people of color, and immigrants in the direct care workforce merit more attention and support. Systemic racism has long harmed the political climate has become increasingly lives and jobs of people of color in direct hostile to immigrants in recent years, care—from the creation of these poor- limiting targeted supports for immigrants quality jobs, through the decades-long who are a critical part of this workforce. exclusion of home care workers (and other Despite these numerous challenges, policy domestic workers) from federal wage and and practice interventions aimed at direct overtime protections, to the widespread care workers do not often account for the racial discrimination that people of color unique structural barriers and inequalities and immigrants continue to face regarding they face on the job and in their daily lives, employment, housing, education, and limiting the evidence base on race and health care, among others. Additionally, gender-explicit workforce interventions in caregiving has historically been defined as this sector. When focusing on direct care “women’s work” and is still often dismissed workforce development, we must center as a labor of love that requires only minimal and uplift women, people of color, and compensation and support, perpetuating immigrants—these workers deserve good poor job quality in this sector. Finally, the jobs rooted in equity and justice. KEY FACTS 50 $11.13 53% $37,600 Median hourly wage Percentage of women Median family income for home care workers who of color home care workers for women of color home are women of color, versus living in or near poverty, care workers, compared to $12.38 for white men. compared to 38% $47,100 for white men. of white men. 26 Federal Policy Priorities for the Direct Care Workforce
Recommendations • Pathway to Citizenship. Congress should African-American, Asian, American Indian/ enact and fully fund the U.S. Citizenship Act Alaska Native, Middle Eastern/North of 2021 to provide a pathway to citizenship African, and Native Hawaiian or Other for approximately 11 million undocumented Pacific Islander), immigrants, and LGBT immigrants, including direct care workers populations, as key examples. (classified as “essential workers”).51 • Workplace Violence Prevention. • Immigrant Supports and Building Congress should enact and fully fund the the Pipeline. HHS should fund measures Workplace Violence Prevention for that support immigrant direct care Health Care and Social Service Workers workers, including immigrant-specific Act, which would require DOL to recognize workforce programs in direct care. The U.S. and address workplace violence in health Department of State should create special care, social service, and other sectors. visas for direct care workers that would build the pipeline for this workforce; these visa programs should include strong worker protections and should not “Ten years ago, I came to America tie an immigrant worker’s immigration status to their employer.52 with the hope of pursuing a good life and happiness, as I believe • Research on Immigrants and the this is the land of opportunity as Gray Market. BLS, the U.S. Census long as you work hard for it, using Bureau, and other agencies should integrate additional questions related to the knowledge and skills that immigrants in relevant federal surveys, we have achieved through our building the knowledge on this critical education and experiences.” segment of the direct care workforce. HHS should also fund new studies on TERESITA SATTAR immigrants working on the “gray market” Caregiver at Courage LLC and Worker Leader at (where consumers directly hire home Pilipino Workers Center, care workers using private funds), which Los Angeles, CA would increase understanding on the unique challenges and characteristics of this nearly invisible segment of the direct care workforce. HHS should create ethical standards for conducting this research without threatening the safety and security of respondents. • Equity-Focused Interventions. HHS, DOL, and ACL should invest in workforce interventions with explicit racial and gender equity lenses, including interventions that target different communities of color (Latinx, Black/ Federal Policy Priorities for the Direct Care Workforce 27
PHI’S NATIONAL ADVOCACY LEADERSHIP In June 2017, PHI released a first-ever research brief on immigrant direct care workers at a time when the political rhetoric on immigration had become increasingly toxic. Our study offered a new angle on this debate, generating news coverage in media outlets like The New York Times, Washington Post, and many others.56 Later that year, PHI launched a four-part research series examining racial and gender disparities within the direct care workforce, looking closely at the distinct realities of Black/African-American, Hispanic/Latino, and Asian and Pacific Islander direct care workers and offering ideas for promoting racial equity for this workforce.57 his Act would be one step toward T • LGBT Protections. Congress should enact protecting direct care workers in and fully fund the Equality Act, which long-term care, who experience would ban discrimination based on sex, disproportionately high rates of injury sexual orientation, and gender identity on the job due to a variety of in public accommodations and facilities workplace risks.53 (among other areas).55 These expanded non-discrimination protections would • Underserved Communities. Congress cover long-term care settings, where many should enact and fully fund the Career LGBT direct care workers are employed Advancement for Direct Support Aid and LGBT individuals reside and receive Workers Act, which would fund direct services. Once enacted, the Office for care workforce interventions focused on Civil Rights should provide guidance to education, training, and advancement, direct care workers and their employers with an emphasis on communities of color (among other stakeholders) about these and workers in rural areas (among other new rights and protections. vulnerable populations).54 28 Federal Policy Priorities for the Direct Care Workforce
Shift the Public Narrative on Direct Care Workers o challenge unfair representations and change minds T about direct care workers, we must invest in public education, capacity building, and storytelling. The realities and challenges facing direct stakeholders need sufficient resources care workers are too often invisible in the to launch impactful public education public and political discourse. Additionally, campaigns and build their communications direct care is often wrongly described as capacities to advocate for direct care low-skilled work, which underplays the workforce reforms. Moreover, storytelling complex competencies that it requires—and projects are a practical approach that should does not reflect the training, compensation, be better funded to enhance these workers’ or respect that direct care workers deserve. visibility, amplify their voices, and draw on To positively shift the public narrative on their wisdom to inform policy and practice direct care workers, advocates and other in this sector. KEY FACTS 1.5 M 60 23 Number of timeline Number of ideas Number of in-depth deliveries on Twitter generated by PHI’s direct care worker stories generated by PHI’s year-long #60CaregiverIssues published online in the Caring for the Future campaign to help address first seven months of report series and public the growing workforce PHI’s Direct Care Worker education campaign. shortage in home care. Story Project. Federal Policy Priorities for the Direct Care Workforce 29
Recommendations • Framing Strategy. HHS should fund a • Strategic Communications Capacity. research-based framing strategy—similar to DOL and HHS should adequately fund the “Reframing Aging” initiative—to help grantees that are leading interventions develop effective, strength-based frames related to direct care workers to develop, and messages on the value and needs of implement, and evaluate strategic direct care workers.58 communications campaigns that integrate framing and messaging strategy, branding and graphic design, earned and digital media, and more. Evaluating these efforts would help build the evidence base on “I do my best to build how to effectively communicate about this relationships, and I start by workforce to change attitudes and beliefs and build support. Special attention should thanking them for allowing me be given to communications campaigns to come in and help them. that are culturally and linguistically I understand everybody moves competent and campaigns that focus on differently and everybody hurts more invisible communities within the differently, and I try to be very direct care workforce (e.g., immigrants, LGBT workers, etc.). compassionate in my care.” CRYSTAL PROFFITT • The National Direct Care Workforce Resource Center. HHS should ertified Nursing Assistant and Certified Hospice C Palliative Nursing Assistant at Transitions permanently fund the National Direct Care LifeCare, Raleigh, North Carolina Workforce Resource Center, the country’s premier online library of information on the direct care workforce.59 Updated and relaunched in 2020 by PHI, the National Direct Care Workforce Resource Center • Market Research. HHS should commission supports researchers, policymakers, and fund a comprehensive, nationally practitioners, advocates, and journalists representative quantitative market research in better understanding—and building the study on direct care workers, yielding knowledge base on—this critical workforce. insights on their values, needs, and wants. This study would bring visibility to this growing yet undervalued workforce and inform policy and practice, including recruitment and retention strategies in different parts of the country. Research on consumers’ and family caregivers perspectives on the direct care workforce would also be valuable. 30 Federal Policy Priorities for the Direct Care Workforce
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