Black Lung Benefits Improvement Act of 2025

Access to Caregivers During Emergencies: Under sections 3(a) and 3(b), skilled nursing facilities and nursing facilities must recognize a resident's right to designate and have access to essential caregivers every day and at any time, even during emergency periods when regular visitation is restricted. This ensures residents will not be completely isolated from their loved ones who provide supplemental care and advocacy.

Protection for Vulnerable Residents: Sections 3(a) and 3(b) state that facilities must allow access to any resident who is in end-of-life care or in decline or distress. This ensures that people who are suffering or passing away will not be blocked from seeing their chosen caregivers.

Clear Appeal Rights: Sections 3(a) and 3(b) establish an appeals process where residents and caregivers can challenge a facility's decision to deny access. State survey agencies must investigate these appeals quickly, and the facility carries the burden of proof to show the caregiver broke their safety agreement.

Potential for Initial Access Denial: Under sections 3(a) and 3(b), facilities are allowed to deny an essential caregiver access to a resident for an initial period of up to 7 days during an emergency visitation restriction. With state health department approval, this denial can be extended for one additional period of not longer than 7 days, meaning a resident could potentially be separated from their caregiver for up to 14 total days.

Burdensome Safety Agreements: Under sections 3(a) and 3(b), an essential caregiver must agree to follow all safety protocols established by the facility. If the caregiver fails to comply with this agreement, they can be given a written warning, and if they fail to fix the issue, they can be denied access to the resident.