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Congresswomen Claudia Tenney Brings Essential Caregivers from Across America Together

June 30, 2021

Washington, DC - Congresswomen Claudia Tenney (NY-22) today hosted a press conference with Representatives John B. Larson (CT-01), John Rutherford (FL-04) and dozens of essential caregivers and advocates from across the United States, including Karla Abraham Conley of Utica, calling for Congress to pass HR 3733, the Essential Caregivers Act. 

During the COVID-19 pandemic, long-term care facilities like nursing and group homes were forced to enter lockdowns, cutting off access between residents and their Essential Caregivers. This caused many residents, seniors, children, and individuals living with disabilities to be cut off from their loved ones for months at a time. These residents suffered in isolation, which took a significant toll on their physical and mental health, even costing some of them their life. 

Tenney introduced the Essential Caregivers Act, a bipartisan bill that would ensure residents living in these facilities have continued access to their Essential Caregivers in the event of a future public health emergency. Specifically, the legislation amends the Social Security Act to create an Essential Caregiver Program that grants residents in long-term care facilities the right to designate two essential caregivers to be permitted access to the resident.

This bill upholds strict safety and health standards to protect residents, staff, and caregivers from any increased risks. Any Essential Caregiver must comply with whatever health standards are put in place by a facility. This includes testing, PPE, and social distancing. 

"Essential Caregivers are not just visitors. They are caregivers in every sense of the word. They help with activities of daily living and provide emotional support and companionship. This support enriches the lives of residents, enhances their wellbeing, and helps them thrive physically, emotionally, and socially. It was a tremendous honor to join families and caregivers from New York's 22nd Congressional District and across the country today to advocate for the bipartisan Essential Caregivers Act. I was so inspired by their courage and tenacity and will continue be a compassionate voice in Congress for them. Together, we will not stop fighting until this bill becomes law." 

The bipartisan bill is co-led by Congressman John B. Larson (CT-01), and cosponsored by Reps. John Rutherford (FL-04), Elise Stefanik (NY-21), Yvette Herrell (NM-02), Madison Cawthorn (NC-11), Abigail Spanberger (VA-07), Ted Budd (NC-13), Jeff Van Drew (NJ-02), and Steve Cohen (TN-09).

Background on the Essential Caregivers Act (H.R. 3733): 

Essential Caregiver Designation

  • Up to two individuals can be designated as an Essential Caregiver by a facility resident in the event of a public health emergency. Caregivers can visit the resident for 12 hours each day. 
  • Under current federal law, outside of a public health emergency, residents have the right to receive an unlimited number of caregivers for an unrestricted amount of time. This bill strikes a balance by limiting the number of caregivers and visiting hours during a public health emergency. 
  • The Essential Caregiver program applies to skilled nursing facilities, nursing facilities, intermediate care facilities, and inpatient rehabilitation facilities. Any such facility receiving Medicare and Medicaid funding is required to participate in the program.  

Providing Care for Loved Ones 

  • An Essential Caregiver is defined as an individual who provides direct care consisting of activities of daily living, emotional support, or companionship to a resident. 
  • Access to Essential Caregivers allows quality care for the resident, transparent and timely communication with medical professionals, the right to advocate for the patient, the right to participate in developing treatment plans, and the right to visitation. Such access also ensures civil rights and individual liberties are not violated. 

Establishing Strict Safety Protocols

  • The safety and wellbeing of residents and staff in long-term facilities is always a priority. The bill requires Essential Caregivers to follow the same safety protocols as facility staff, which must be clearly articulated to all parties in writing. Eligibility to participate as an Essential Caregiver is contingent upon compliance with all facility safety standards.  

Oversight Measures 

  • In the event an Essential Caregiver is denied access in violation of the program, facilities are required to provide written justification to the caregiver and resident within 24 hours. 
  • The Secretary of Health and Human Services is required to establish a process to adjudicate all complaints in a timely manner.

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