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S 3492
Recent Bills/S 3492

Essential Caregivers Act of 2025

IntroducedDecember 16, 2025
Introduced9 months ago
Intro
Senate
House
Pres
Read twice and referred to the Committee on Finance.
Health
More:Recently Introduced BillsSenate Bills
Why This Matters

This bill requires certain long-term care facilities to let designated essential caregivers visit residents even when regular visits are restricted. It sets rules for access, temporary denials, and appeals.

Who this affects
Nursing home residents · Family caregivers · Facilities · State survey agencies
What changes is this bill making?
  1. 1Each resident can designate and change essential caregivers at any time.
  2. 2During emergencies when visitation is restricted, facilities must allow at least one essential caregiver in person every day at any time.
  3. 3Facilities may deny access for up to 7 days, or up to 14 days with state approval, but must always allow access for residents in end-of-life care or in distress.
  4. 4Facilities must put safety rules for caregivers in writing, give a written warning and guidance if rules are broken, and may then deny access if needed.
  5. 5Residents and essential caregivers can appeal access denials to the State survey agency. The agency must investigate within 2 business days and decide within 48 hours.
  6. 6If a facility violated the rules, the agency can order immediate access, require a corrective plan within 7 days, and impose up to a $5,000 penalty if the plan is not followed.
  7. 7An essential caregiver is someone chosen by or for the resident who agrees to follow the facility’s safety rules.
  8. 8These requirements apply to skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and certain inpatient rehabilitation facilities.
  9. 9HHS (Department of Health and Human Services) must write regulations after consulting residents, families, ombudsmen, advocates, and providers.
Read the detailed summary

Essential Caregivers Act of 2025 This bill prohibits certain health care facilities from limiting the access of essential caregivers to residents of those facilities, including during designated emergency periods. Specifically, the bill generally prohibits Medicare skilled nursing facilities, Medicaid nursing facilities, Medicaid intermediate care facilities, and associated inpatient rehabilitation facilities from restricting the access of essential caregivers to residents of the facilities, including during emergency periods in which visitation rights are otherwise restricted. During emergency periods, facilities may restrict access for an initial period of up to seven days and for one additional maximum seven-day period (if the additional period is approved by the state health department). Facilities may restrict access for a total of 7 days (or 14 days with the approval of the state health department) during an emergency period. Essential caregivers must agree to comply with any safety protocols set by the facility, which may be no more stringent for caregivers compared to those for staff. Caregivers who fail to comply with these requirements may be denied access, subject to an appeals process.

Read full document
Bill Progress1 of 4
Bills must pass the House, Senate, and be signed by the President to become law.
Intro
Senate
House
Pres
IntroducedCurrentDec 16, 2025

Read twice and referred to the Committee on Finance.

Sponsors
See all 28 sponsors
Senate
House
President

The President

Donald Trump
President
Awaiting Vote
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