Essential Caregivers Act of 2026
Sponsored By: Representative Tenney, Claudia [R-NY-24]
In Committee
Summary
Guarantees in-person access for designated essential caregivers during any suspension of regular visitation. The Essential Caregivers Act of 2026 would require facilities paid under Medicare and Medicaid to create an essential caregivers program so residents can elect up to two caregivers who may visit in person, subject to safety protocols and narrowly defined exceptions.
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- Residents and families: Residents could elect up to two essential caregivers and may change that choice at any time. A resident representative may choose if the resident cannot decide and end-of-life access cannot be denied when an election exists.
- Caregivers: Designated caregivers must agree in writing to follow facility safety and infection-control rules that cannot be more restrictive than staff rules. Facilities may temporarily delay in-person access for the first 7 days but must offer audio-visual contact and may deny access for infection symptoms or failure to follow protocols; some limits may allow only one caregiver at a time.
- Facilities and oversight: Nursing homes, skilled nursing facilities, long-term care hospitals, inpatient rehabilitation facilities, and intermediate care facilities for individuals with intellectual disabilities would implement the program. 1135 waiver authority would not apply to these requirements. State survey agencies must prioritize related complaints and notify complainants within 3 days. The Secretary would issue regulations within 18 months and the rules would take effect 1 year after enactment.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Caregiver rules exempt from waivers
If enacted, certain essential caregiver access requirements would not be able to be suspended by federal 1135 emergency waivers. That means caregiver access protections would remain in place even when many other facility rules are waived during an emergency. Residents would keep those in-person access protections in nursing and similar facilities.
Essential caregiver visits for residents
If enacted, residents in the listed facilities would be able to choose up to two essential caregivers for in-person visits. Caregivers would have to sign and follow the facility's written safety and infection-control rules, which could not be stricter than staff rules. Facilities could temporarily limit visits in specific cases — for example, for the first 7 days if the facility provides audio‑visual access, for caregiver illness until a negative test, to protect a roommate, or to allow only one caregiver at a time. States would be required to prioritize complaints about these rules and tell complainants the outcome within three days.
Timeline to start caregiver rules
If enacted, the new caregiver access rules would begin one year after this section is enacted. The Department of Health and Human Services would also have to write regulations to implement the rules within 18 months of enactment. That schedule would delay when residents and caregivers can use the new access rules but would require a formal rulemaking to clarify the details.
Sponsors & CoSponsors
Sponsor
Tenney, Claudia [R-NY-24]
NY • R
Cosponsors
Rep. Larson, John B. [D-CT-1]
CT • D
Sponsored 7/13/2026
Rep. Carey, Mike [R-OH-15]
OH • R
Sponsored 7/14/2026
Rep. Bergman, Jack [R-MI-1]
MI • R
Sponsored 7/27/2026
Rep. Craig, Angie [D-MN-2]
MN • D
Sponsored 7/27/2026
Rep. Thompson, Glenn [R-PA-15]
PA • R
Sponsored 7/30/2026
Rep. Fitzpatrick, Brian K. [R-PA-1]
PA • R
Sponsored 7/30/2026
Rep. McBride, Sarah [D-DE-At Large]
DE • D
Sponsored 8/20/2026
Roll Call Votes
No roll call votes available for this bill.
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