Essential Caregivers Act of 2025
Sponsored By: Senator Richard Blumenthal
Introduced
Summary
Would guarantee in-person access for designated essential caregivers of nursing home residents during emergencies, with written safety rules, fast appeals, and limited short-term denials.
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- Residents and families: Residents or their representatives could name one or more essential caregivers. At least one caregiver must be allowed to visit daily and at any time; end-of-life residents and residents in distress always get access. Denials can last up to 7 days, or up to 14 days with state health agency approval.
- Facilities and staff: Facilities would have to provide written safety protocols that are no more restrictive than staff rules, give a written warning before denying access, and provide a written explanation within 24 hours if access is denied. If a facility fails to implement a required corrective action plan it may face a civil money penalty up to $5,000.
- State agencies and enforcement: State survey agencies would have to accept appeals and begin investigations within 2 business days and issue a determination within 48 hours. If a violation is found the agency must require immediate access and a corrective action plan within 7 days.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
Fast Appeals and State Enforcement
If enacted, HHS would have to write a final appeals rule within two years. Residents and essential caregivers could appeal denials to the State survey agency. The state agency would have to start investigating within two business days and decide within 48 hours after starting. During appeals, the nursing home would have to prove the caregiver violated the rules. If the agency finds a violation, it would order immediate access and require a corrective action plan within seven days. If the facility fails to implement the plan, the agency could impose a civil money penalty up to $5,000.
Guaranteed Caregiver Visits During Emergencies
If enacted, and starting two years after enactment, facilities would have to allow at least one essential caregiver to visit and assist a resident every day and at any time during an emergency that limits normal visitation. Facilities would have to give written safety protocols and reasonable roommate privacy accommodations. Before blocking a caregiver for breaking rules, the facility would have to give a written warning. If access is denied, the facility would have to send a written explanation within 24 hours and explain appeal steps. During an emergency, initial denials could last up to 7 days and only be extended up to 7 more days with state approval. Residents at end of life or in severe decline would still get caregiver access.
Right to Name Essential Caregivers
If enacted, and starting two years after enactment, residents in covered long‑term care facilities would be able to designate one or more essential caregivers. Residents could change their choices at any time. If a resident cannot decide, a resident representative could designate for them. Designated caregivers would need to agree to written safety protocols that cannot be more restrictive than rules for staff.
Caregiver Rights for More Facilities
If enacted, and starting two years after enactment, the caregiver designation and access rules would also apply to intermediate care facilities for the intellectually disabled. Inpatient rehabilitation units on the same campus as certain covered facilities would follow the same caregiver rules as if they were a skilled nursing facility. This expands who can name essential caregivers and keep in‑person access during emergencies.
HHS Must Consult Stakeholders
If enacted, and starting two years after enactment, the HHS Secretary would have to write regulations to carry out the bill. The Secretary would be required to consult residents, family members, long‑term care ombudsmen, resident advocates, and nursing home providers before finalizing the rules. The consultations would help shape how the law is put into practice.
Sponsors & CoSponsors
Sponsor
Richard Blumenthal
CT • D
Cosponsors
John Cornyn
TX • R
Sponsored 12/16/2025
Kirsten Gillibrand
NY • D
Sponsored 1/6/2026
Steve Daines
MT • R
Sponsored 1/6/2026
Thomas Tillis
NC • R
Sponsored 1/6/2026
Angela Alsobrooks
MD • D
Sponsored 1/6/2026
Kevin Cramer
ND • R
Sponsored 1/8/2026
John Reed
RI • D
Sponsored 1/8/2026
John Boozman
AR • R
Sponsored 1/27/2026
Timothy Kaine
VA • D
Sponsored 1/27/2026
Mark Kelly
AZ • D
Sponsored 2/3/2026
Katie Britt
AL • R
Sponsored 2/3/2026
Tim Sheehy
MT • R
Sponsored 3/4/2026
Elissa Slotkin
MI • D
Sponsored 3/4/2026
Christopher Murphy
CT • D
Sponsored 3/4/2026
Eric Schmitt
MO • R
Sponsored 3/4/2026
Sheldon Whitehouse
RI • D
Sponsored 3/9/2026
Susan Collins
ME • R
Sponsored 3/9/2026
Roll Call Votes
No roll call votes available for this bill.
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