Essential Caregivers Act of 2026

“(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.”