Essential Caregivers Act of 2025

Guaranteed Access During Emergencies: The bill requires facilities to allow at least one essential caregiver to have access to and provide assistance to a resident every day and at any time during emergency periods when regular visitation is otherwise restricted (Section 3(a)(iii)).

Support for Vulnerable Residents: For residents unable to make their own designations due to cognitive or mental disability, a resident representative may make the essential caregiver designation (Section 3(a)(ii)).

Protection for End-of-Life Care: Facilities must allow access to residents who are in end-of-life care or in decline or distress, even during restricted periods (Section 3(a)(iv)(I)(bb)).

Accountability and Rights Protection: The bill establishes an appeals process through a State survey agency to challenge denials of access, requiring the facility to prove that a caregiver violated a safety agreement (Section 3(a)(vi)).

Financial Penalties for Non-Compliance: If a facility fails to implement a required corrective action plan after a violation is found, the agency can impose a civil money penalty of up to $5,000 (Section 3(a)(vi)(IV)(CC)).

Temporary Denial of Access: A facility may deny access to an essential caregiver for an initial period of up to 7 days, or up to 14 total days if approved by a State agency (Section 3(a)(iv)(I) and (II)).

Burden of Safety Compliance: Essential caregivers must agree to follow all safety protocols established by the facility, which are specified in writing (Section 3(a)(vii)(II)).

Impact on Roommates: The bill notes that facilities must provide reasonable accommodations to protect the rights of a roommate co-living with a resident who has an essential caregiver (Section 3(a)(iii)(IV)).