Amends titles XVIII and XIX of the Social Security Act to ensure access to essential caregivers in skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities during periods when regular visitation is restricted.
Finds that many long-term care residents suffered from isolation and a decline in health during the COVID-19 pandemic due to visitation restrictions.
Defines “essential caregiver” as someone designated by the resident (or their representative if the resident is unable) who provides assistance or emotional support and agrees to follow all safety protocols of the facility.
Requires facilities to allow at least one essential caregiver access to the resident every day, at any time, even during emergencies when regular visitation is restricted.
Allows facilities to deny access to an essential caregiver for a maximum of 7 days initially, with a possible extension of another 7 days with state health department approval.
Establishes a process for residents and caregivers to appeal denials of access, with investigations of appeals to be conducted within 48 hours.
Imposes penalties on facilities that violate these requirements, including requiring immediate access for the caregiver, a corrective action plan, and potential civil money penalties.
Specifies that nothing in the legislation creates new authority for state or local officials or facilities to restrict visitation.
Sets the effective date of the amendments as 24 months after the enactment of the Act, applying to periods of restricted visitation beginning on or after that date.