The Essential Caregivers Act of 2024 would require skilled nursing facilities, nursing homes, intermediate care facilities for people with intellectual disabilities, and inpatient rehabilitation facilities to allow designated family members or caregivers to visit residents even during emergencies when regular visitation is restricted. Each resident would have the right to designate at least one essential caregiver who could visit and provide assistance at any time, including during public health emergencies, with only limited exceptions for safety violations. Facilities could deny access for up to seven days initially and up to an additional seven days with state health department approval, but would need to provide written warnings before denying access and establish an appeals process that responds to complaints within 48 hours. The bill establishes enforcement mechanisms including corrective action plans and penalties of up to $5,000 for facilities that violate these requirements. The law would take effect two years after enactment and applies to both Medicare and Medicaid facilities, with regulations to be developed in consultation with residents, families, advocates, and nursing home providers.
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