Representatives Tenney and Larson Introduce Updated Bipartisan Essential Caregivers Act

Washington, DC - Representatives Claudia Tenney (NY-22) and John B. Larson (CT-01) along with Reps. Elise Stefanik (NY-21), John Rutherford (FL-04), Yvette Herrell (NM-02), Madison Cawthorn (NC-11), Jeff Van Drew (NJ-02), Steve Cohen (TN-09), Ted Budd (NC-13), and Abigail Spanberger (VA-07) today introduced an updated version of the bipartisan Essential Caregivers Act (H.R. 3733). This bill protects the rights of residents in long-term care facilities by allowing them to access up to two designated essential caregivers during a public health emergency. 

This legislation builds on similar initiatives being passed in states across the country. It will ensure that any individual who relies on the care and support of a loved one is not left alone in isolation during an emergency situation. Essential caregivers must adhere to important standards and guidelines, including following all of the same health and safety protocols as facility staff. 

"Nursing home residents have the right under federal law to access caregivers. Sadly, this right was taken away from residents and families for more than a year during the pandemic. It was an absolute injustice, leading so many seniors to suffer alone in isolation. I am honored that the Essential Caregivers Act continues to gain support in Congress and thank Congressman John B. Larson for his leadership in making this a bipartisan effort," said Congresswoman Tenney. "The Essential Caregivers Act fixes a loophole in current federal law to better protect the rights of seniors and those with disabilities during any future public health emergency. Individuals residing in long-term care facilities have rights, and it is up to Congress to make sure they are protected."

“Many families were separated too long during the pandemic. Residents in Connecticut’s long-term care facilities were left in isolation. The Essential Caregivers Act will ensure that will never happen again. I’m proud to join my colleagues to introduce this bipartisan legislation and thank Congresswoman Tenney for her leadership on this issue,” said Congressman John B. Larson. 

“I’m pleased to join my colleagues in introducing the Essential Caregivers Act. The measure closes a loophole in the current federal law to protect the rights of senior citizens and the disabled in future public health emergencies. Countless long-term care residents were not able to see and interact with their essential caregivers during the pandemic. This bill would allow each resident access to those caregivers – often family members or close friends – which will help them all maintain social, emotional, and physical health," stated Congressman Steve Cohen (TN-09).

“Residents of long-term care facilities across the country were stripped of their rights to communicate with their families and caregivers during the COVID-19 pandemic,” said Congresswoman Stefanik. “I have spoken with countless loved ones of residents who suffered alone throughout the duration of the pandemic and were victims of Governor Cuomo’s negligent nursing home policies. This bill seeks to ensure those residents have better access to their designated essential caregivers and advocates who can speak on their behalf to raise issues and help make decisions about their care to make sure this never happens again.”

“In our efforts to stop the spread of COVID-19, many experienced the negative health effects of isolation and loneliness,” said Rutherford. “This is especially true for those residing in long-term care facilities who were prohibited from seeing visitors, including family. The Essential Caregivers Act would allow up to two loved ones of a nursing home resident’s choosing to visit during a public health emergency. Thank you to Representative Tenney for leading on this important issue to support nursing home residents.”

Congressman Cawthorn stated, "I am proud to join my colleagues in supporting the Essential Caregivers Act. We must make every effort to close loopholes and protect the rights of our senior citizens. During public health emergencies, senior citizens deserve more access to essential caregivers not less. This act will empower essential caregivers to provide both mental and physical care to America’s elders during times of crisis when they need it most.”

“Our nursing home residents deserve to be treated with dignity and afforded the basic human right of ensuring their health and wellbeing are put first. The Essential Caregivers Act guarantees that our seniors will not be isolated from loved ones when physical and emotional support is paramount.” said Congressman Jeff Van Drew (NJ-02).

“During the COVID-19 crisis, I have heard directly from many medical directors at nursing homes in Central Virginia about the mental health challenges facing their patients. Isolation caused by the pandemic was a devastating trend that severely impacted the wellbeing of thousands of Virginia’s senior citizens, particularly those living with Alzheimer’s Disease,” said Spanberger. “This bipartisan bill would make sure that these patients have safe and reliable access to their families and caregivers — and it would give more families in our district and across the country the peace of mind they deserve as they care for their loved ones.”

Background on the Essential Caregivers Act: 
Updated bill number: 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.