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Essential Caregivers Act of 2021
12/30/2022, 5:32 PM
Summary of Bill HR 3733
The bill outlines that long-term care facilities must allow residents to designate essential caregivers who will be granted access to the facility, even in situations where visitation may be restricted. These essential caregivers are defined as individuals who provide physical, emotional, or social support to the resident on a regular basis.
The legislation also requires facilities to develop policies and procedures for essential caregiver visitation, including protocols for screening, testing, and personal protective equipment. Additionally, the bill mandates that facilities must provide training to essential caregivers on infection control and prevention measures. Overall, the Essential Caregivers Act of 2021 aims to prioritize the well-being and quality of life of individuals in long-term care facilities by ensuring they have continued access to the support and companionship of their essential caregivers, even in challenging circumstances.
Congressional Summary of HR 3733
Essential Caregivers Act of 2021
This bill requires skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and nearby inpatient rehabilitation facilities to establish an essential caregivers program during a public health emergency.
Under the program, facilities must allow each resident to select up to two essential caregivers to provide daily living assistance, emotional support, or companionship during the emergency. Facilities must afford such caregivers 12 hours of access to residents each day (or unlimited access for end-of-life care), and caregivers must agree to follow facility protocols for staff safety. Facilities may deny access to caregivers who violate protocols, subject to certain notification requirements; the Centers for Medicare & Medicaid Services must establish an appeals process relating to such decisions and may take specified enforcement actions against facilities that violate the bill's requirements.
