Essential Caregivers Act of 2025

This bill would prohibit certain health care facilities, including Medicare and Medicaid nursing facilities, from restricting the access of essential caregivers to residents during emergency periods. While facilities could limit access for up to 14 days during an emergency with state approval, they would generally be required to allow caregivers who follow safety protocols that are no more stringent than those for staff. Essential caregivers who fail to comply with these safety requirements could be denied access, though the bill provides for an appeals process in such cases.

This bill affects residents of Medicare skilled nursing facilities, Medicaid nursing facilities, Medicaid intermediate care facilities, and inpatient rehabilitation facilities, along with their designated essential caregivers. It also applies to the administrators of these healthcare facilities and state health departments, which are responsible for approving extended visitation restrictions during emergency periods.

• Access for essential caregivers. Prohibits Medicare skilled nursing facilities, Medicaid nursing facilities, and certain inpatient rehabilitation facilities from restricting essential caregivers' access to residents, even during designated emergency periods.
• Emergency period visitation limits. Allows facilities to restrict caregiver access for an initial seven-day period during emergencies, with the possibility of one seven-day extension if approved by the state health department.
• Safety protocol compliance. Requires essential caregivers to follow facility safety protocols, which cannot be more stringent than the requirements applied to facility staff.
• Denial of access and appeals. Permits facilities to deny access to caregivers who fail to comply with safety requirements, provided that an appeals process is available.

The bill modifies federal requirements for health care facilities participating in Medicare and Medicaid, specifically affecting skilled nursing facilities, Medicaid nursing facilities, and intermediate care facilities. It establishes new limitations on the ability of these facilities to restrict resident access for essential caregivers during emergency periods.

The bill aims to ensure that residents of Medicare and Medicaid-funded healthcare facilities maintain access to essential caregivers, even during designated emergency periods when general visitation may be restricted. It establishes a framework for caregiver access while allowing facilities to implement safety protocols and limited, temporary restrictions during emergencies.