Essential Caregivers Act of 2025

This bill would prohibit certain health care facilities, such as nursing homes and inpatient rehabilitation centers, from restricting the access of essential caregivers to residents, even during designated emergency periods. While facilities could temporarily 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. These safety requirements for caregivers could not be more stringent than those applied to facility staff.

This bill directly affects residents of Medicare skilled nursing facilities, Medicaid nursing facilities, Medicaid intermediate care facilities, and associated inpatient rehabilitation facilities. It also impacts individuals designated as essential caregivers, who are granted protected access to these residents even during emergency periods. Additionally, the legislation applies to the administrators of these health care facilities and state health departments, which are responsible for approving extended visitation restrictions.

• Access for essential caregivers. Prohibits Medicare and Medicaid-funded nursing facilities, intermediate care facilities, and inpatient rehabilitation facilities from restricting the access of essential caregivers to residents.
• Access during emergency periods. Ensures essential caregivers can visit residents even during designated emergency periods when general visitation rights might otherwise be restricted.
• Limitations on emergency restrictions. Restricts facilities from limiting caregiver access during emergencies to an initial seven-day period, with one possible seven-day extension if approved by the state health department.
• Safety protocol compliance and enforcement. Requires caregivers to follow facility safety protocols that are no more stringent than those for staff; failure to comply may result in denied access, subject to an appeals process.

The bill establishes new requirements for facilities participating in the Medicare and Medicaid programs, specifically affecting skilled nursing facilities, Medicaid nursing facilities, and intermediate care facilities. It modifies existing visitation and access standards by creating a protected status for essential caregivers during emergency periods.

The bill aims to ensure that residents of certain health care facilities, including nursing and rehabilitation centers, maintain access to essential caregivers even during designated emergency periods. It establishes federal protections to prevent facilities from indefinitely restricting caregiver visitation while requiring caregivers to follow safety protocols equivalent to those required of facility staff.