[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9641 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9641
To amend titles XVIII and XIX of the Social Security Act to require
certain facilities to permit visits from an essential caregiver during
certain periods.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2026
Ms. Tenney (for herself and Mr. Larson of Connecticut) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend titles XVIII and XIX of the Social Security Act to require
certain facilities to permit visits from an essential caregiver during
certain periods.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Essential Caregivers Act of 2026''.
SEC. 2. REQUIRING CERTAIN FACILITIES TO PERMIT VISITS FROM AN ESSENTIAL
CAREGIVER DURING CERTAIN PERIODS.
(a) Nursing Facilities and Skilled Nursing Facilities.--
(1) In general.--Sections 1819(c) and 1919(c) of the Social
Security Act (42 U.S.C. 1395i-3(c); 1396r(c)) are each
amended--
(A) in paragraph (3)--
(i) in subparagraph (D), by striking
``and'' at the end;
(ii) in subparagraph (E), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(F) implement and maintain, during any period
during which regular visitation at such facility is
suspended, the essential caregivers program described
in paragraph (7).''; and
(B) by adding at the end the following new
paragraph:
``(7) Essential caregivers program.--
``(A) In general.--For purposes of subparagraph (F)
of paragraph (3), the essential caregivers program
described in this paragraph is a program implemented by
a facility described in such paragraph under which such
facility must--
``(i) allow each resident of such facility
the ability to elect 2 essential caregivers (as
defined in subparagraph (D)) to have in-person
access to such resident at such facility;
``(ii) allow each such resident to amend
such election at any time; and
``(iii) subject to subparagraph (B), permit
each such caregiver so elected by such resident
in-person access to such resident.
``(B) Limitations on access.--
``(i) In general.--The Secretary may permit
a facility described in subparagraph (A) to
limit the access to an essential caregiver
elected by a resident of such facility in
accordance with guidance issued by the
Secretary. Such guidance may--
``(I) permit such a facility to
deny such a caregiver in-person access
to such resident for the first 7 days
during the period during which regular
visitation at such facility is
suspended (as described in paragraph
(3)(F)), but only if, during the period
during which such in-person access is
denied, such facility provides such
caregiver access to such resident
through an audio-visual
telecommunications system;
``(II) provide reasonable
accommodations to protect the rights of
a roommate of such resident; and
``(III) notwithstanding subclause
(I)--
``(aa) allow such a
facility to limit or deny such
a caregiver in-person access to
such resident if such caregiver
displays symptoms of a serious
infectious disease that poses a
significant risk to the
residents of such facility, but
only until such time as such
caregiver tests negative for
such disease;
``(bb) allow such a
facility to deny such a
caregiver access to such
resident if such caregiver
fails to follow the safety
protocols described in
subparagraph (D); and
``(cc) allow only 1 such
caregiver at a time in-person
access to such resident.
``(ii) No limitation allowed for end-of-
life care.--Notwithstanding clause (i), a
facility described in subparagraph (A) may not
deny an essential caregiver elected by a
resident of such facility under subparagraph
(A) in-person access to such resident, or limit
the duration of such in-person access, if such
resident has in effect an election under
section 1812(d).
``(C) Presumption of election.--For purposes of
subparagraph (A), in the case of a resident who is
unable, by reason of cognitive decline or mental
disability, to make an election described in such
subparagraph, a resident representative (as defined in
section 483.5 of title 42, Code of Federal Regulations
(or a successor regulation)) of such resident shall be
permitted to make such election for such resident.
``(D) Essential caregiver defined.--For purposes of
this paragraph, the term `essential caregiver' means,
with respect to a resident of a facility described in
subparagraph (A), an individual who agrees to follow
all protocols for physical safety and infection control
established by such facility, which shall be clearly
specified in writing and be not more restrictive than
such protocols (including safety standards and entry
requirements) applicable to staff of such facility.''.
(2) Timeline for investigation of complaints.--Section
1128I(f)(2) of the Social Security Act (42 U.S.C. 1320a-
7j(f)(2)) is amended by adding at the end the following new
subparagraph:
``(C) Process for complaints relating to essential
caregiver access.--The complaint resolution process
established under subparagraph (B) shall provide that,
in the case of a complaint relating to a violation of
the requirements of section 1819(c)(3)(F) or section
1919(c)(3)(F)--
``(i) the State survey and certification
agency shall prioritize the investigation of
such complaint; and
``(ii) the deadline for notifying the
complainant of the outcome of the investigation
is not later than 3 days after such complaint
is received.''.
(b) Long-term Care Hospitals.--Section 1861(ccc)(4) of the Social
Security Act (42 U.S.C. 1395x(ccc)(4)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) the institution implements and maintains,
during any period during which regular visitation at
such institution is suspended, the essential caregivers
program described in section 1819(c)(7) in the same
manner as if such institution were a skilled nursing
facility.''.
(c) Inpatient Rehabilitation Facilities.--Section 1866(a)(1) of the
Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended--
(1) in subparagraph (X), by striking ``and'' at the end;
(2) in subparagraph (Y), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (Y) the following new
subparagraph:
``(Z) in the case of an inpatient rehabilitation facility,
to implement and maintain, during any period during which
regular visitation at such facility is suspended, the essential
caregivers program described in section 1819(c)(7) in the same
manner as if such facility were a skilled nursing facility.''.
(d) Intermediate Care Facilities for Individuals With Intellectual
Disabilities.--Section 1905(d) of the Social Security Act (42 U.S.C.
1396d(d)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the institution implements and maintains, during any
period during which regular visitation at such institution is
suspended, the essential caregivers program described in
section 1919(c)(7) in the same manner as if such institution
were a nursing facility.''.
(e) Nonapplicability of Waivers.--Subparagraphs (A) and (B) of
section 1135(b)(1) of the Social Security Act (42 U.S.C. 1320b-5(b)(1))
are each amended by inserting ``(other than the requirements of
sections 1819(c)(3)(F), 1861(ccc)(4)(D), 1866(a)(1)(Z), 1905(d)(4), and
1919(c)(3)(F))'' after ``requirements''.
(f) Regulations.--The Secretary of Health and Human Services shall
promulgate regulations to carry out the amendments made by this section
not later than 18 months after the date of the enactment of this
section.
(g) Effective Date.--The amendments made by this section shall
apply beginning 1 year after the date of the enactment of this section.
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