Essential Caregivers Act of 2025
Dec 16, 2025
Introduced: Dec 16, 2025
Dec 16, 2025
Introduced: Dec 16, 2025
Summary
Requires nursing homes and other long-term care facilities to let residents pick an essential caregiver who can visit them even when regular visits are not allowed.
What problem does this solve?
During the COVID-19 pandemic, many long-term care residents suffered from isolation when facilities restricted all visitors, leading to poor health and even death. This bill requires these facilities to allow residents to name an essential caregiver who can visit and provide support, even when other visitation is stopped.
What does this bill do?
Reference
Text:
Section:
Sec. 3(a)(3)(B)(iii)
Header:
Access to essential caregivers during emergency periods when visitation is otherwise
Guarantees access for essential caregivers
Requires skilled nursing facilities, nursing homes, and other long-term care centers to allow residents to name an essential caregiver who can visit them in person every day, even when regular visitation is restricted.
Reference
Text:
Section:
Sec. 3(a)(3)(B)(vi)
Header:
Options for residents and caregivers to appeal denials of access
Establishes an appeals process for denied access
Creates a system for residents and caregivers to appeal a facility's decision to deny access. State agencies must start investigating appeals within two business days.
Sets safety rules for caregivers
Requires essential caregivers to agree in writing to follow all safety rules set by the facility. These rules cannot be stricter than the ones for the facility's staff.
Limits how long facilities can deny access
Allows a facility to deny a caregiver access for up to 7 days during an emergency, with a possible 7-day extension if the state health department approves. Access cannot be denied for residents in end-of-life care.
Imposes penalties for violations
Allows state agencies to fine a facility up to $5,000 if it is found to have wrongly denied access and fails to fix the problem within seven days.
Reference
Text:
Section:
Sec. 3(c)
Header:
Intermediate care facilities for the intellectually disabled
Applies to more types of care facilities
Extends the essential caregiver rules to intermediate care facilities for the intellectually disabled and certain inpatient rehabilitation facilities, not just nursing homes.
Who does this affect?
- Residents of long-term care facilities
- Families and caregivers of residents
- Long-term care facilities and their staff
What is the real world impact?
•
Prevents resident isolation
Ensures that residents in long-term care facilities are not completely cut off from loved ones during public health emergencies, which can cause loneliness, depression, and a decline in health.
•
Improves resident care and oversight
Allows a designated person to help with care, notice changes in a resident's condition, and speak up for them, especially when staff may be overworked during a crisis.
When does this start?
The rules in this bill will start two years after it becomes law and will apply during any future periods when regular visitation is restricted.
Rulemaking for Appeals Process
The Secretary of Health and Human Services must create the final rules for the appeals process within two years of the bill becoming law.
Investigation of Appeals
State agencies must begin investigating appeals from residents or caregivers no later than two business days after receiving them.
Decision on Appeals
State agencies must decide on an appeal within 48 hours of starting their investigation.