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A bill to amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any period in which regular visitation is restricted.
5/9/2024, 10:56 AM
Summary of Bill S 4280
The bill recognizes the important role that essential caregivers play in the well-being and quality of life of residents in these facilities. Essential caregivers are defined as individuals designated by the resident or their legal representative who provide essential support, such as assistance with activities of daily living, emotional support, and advocacy.
Under this bill, facilities must permit essential caregivers access to residents during any period in which regular visitation is restricted, such as during public health emergencies or outbreaks of infectious diseases. Facilities are required to establish policies and procedures for essential caregiver access, including screening for symptoms, infection control measures, and training on proper use of personal protective equipment. The Essential Caregivers Act aims to ensure that residents in long-term care facilities maintain meaningful connections with their loved ones and receive the support they need to thrive. By allowing essential caregivers access even during times of visitation restrictions, the bill seeks to promote the health, safety, and well-being of residents in these facilities.
Congressional Summary of S 4280
Essential Caregivers Act of 2024
This bill prohibits certain health care facilities from limiting the access of essential caregivers to residents of those facilities, including during designated emergency periods. Essential caregivers are individuals who are designated by facility residents to provide them with daily living assistance or emotional support or companionship.
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.
