,i  #aagth ,,congress  #ast ,session    
,h4 ,r4 #baad  ,,in ,,the ,,house ,,of  
,,representatives  ,march #ai1 #bjba,ms4
 ,tenney introduced the following bill2 
which was referred to the ,committee on 
,energy and ,commerce1 and in addition  
to the ,committee on ,ways and ,means1  
for a period to be subsequently         
determined by the ,speaker1 in each case
 for consideration of such provisions as
 fall within the jurisdiction of the    
committee concerned  ,a ,,bill  ,to     
amend titles ,,xviii and ,,xix of the   
,social ,security ,act to require       
skilled nursing facilities1 nursing     
facilities1 and intermediate care       
facilities for the intellectually       
disabled to permit certain essential    
caregiver visitors during a public      
health emergency under the ,medicare and
 ,medicaid programs4  #a4 ,short title  
,this ,act may be cited as the          
,essential ,caregivers ,act of #bjba4   
#b4 ,requiring certain facilities to    
permit essential caregiver visitors     

during a public health emergency  7a7   
,skilled nursing facilities2 nursing    
facilities ,section #ahai7;c7 and       
#aiai7;c7 of the ,social ,security ,act 
7#db ,u4,s4,c4 #acie;i-#c7;c71          
#acifr7c77 are each amended--  7#a7 in  
paragraph 7#c7-- 7,a7 in subparagraph   
7,d71 by striking and at the end2  7,b7 
in subparagraph 7,e71 by striking the   
period and inserting 2 and2 and  7,c7 by
 adding at the end the following new    
subparagraph3  7,f7 establish and       
maintain1 during the period beginning on
 the date of the enactment of this      
subparagraph and ending on the last day 
of the emergency period described in    
section #aace7;g77#a77;,b71 the         
essential caregiver visitor program     
described in paragraph 7#g74  2 and     
7#b7 by adding at the end the following 
new paragraph3  7#g7 ,essential         
caregiver visitor program  7,a7 ,in     
general ,for purposes subparagraph 7,f7 
of paragraph 7#c71 the essential        
caregiver visitor program described in  

this paragraph is a program established 
by a facility described in such         
paragraph under which such facility--   
7i7 allows each resident of such        
facility to elect not more than #b      
essential caregivers 7as defined in     
subparagraph 7,c77 to visit such        
resident at such facility2  7ii7 permits
 each such caregiver so elected by such 
resident to provide care to such        
resident at such facility for up to #h  
hours every day2 and  7iii7 enforces    
each agreement described in subparagraph
 7,c77iv7 with respect to an essential  
caregiver4  7,b7 ,presumption of        
election ,for purposes of subparagraph  
7,a71 in the case of a resident who is  
unable1 by reason of physical or mental 
disability1 to make an election         
described in such subparagraph1 #b of   
the following individuals who are       
essential caregivers 7as defined in     
subparagraph 7,c771 as selected by the  
legal guardian of such resident1 shall  
be deemed to have been so elected by    

such resident3 7i7 ,a relative of such  
resident4  7ii7 ,the power of attorney  
of such resident4  7iii7 ,the health    
care proxy of such resident4  7,c7      
,essential caregiver defined ,for       
purposes of this paragraph1 the term    
essential caregiver means1 with respect 
to a resident of a facility described in
 subparagraph 7,a71 an individual who-- 
7i7 furnished care to such resident     
prior to the first day of the emergency 
period described in section             
#aace7;g77#a77;,b72  7ii7 will provide  
activities of daily living 7as          
determined appropriate by the facility7 
or emotional support to such resident1  
in accordance with the care plan of such
 resident2  7iii7 the facility approves 
to furnish such activities or support2  
7iv7 agrees to-- 7,i7 follow all safety 
protocols established by such facility  
7including the use of personal          
protective equipment and any mandatory  
,,covid-#ai-related training72  7,,ii7  
provide proof of a negative ,,covid-#ai 

test prior to entry to such facility for
 the first time1 and then weekly        
thereafter2  7,,iii7 only visit with    
such resident in a private room and     
maintain distance from other residents  
and staff2 and  7,,iv7 undergo screening
 for ,,covid-#ai in the same manner as  
staff of such facility2 and  7v7        
provides a signed waiver to such        
facility agreeing not to hold such      
facility liable for any transmission of 
,,covid-#ai to the individual that may  
occur at such facility4  4  7b7         
,intermediate care facilities for the   
intellectually disabled ,section        
#aije7;d7 of the ,social ,security ,act 
7#db ,u4,s4,c4 #acif;d7d77 is amended-- 
7#a7 in paragraph 7#b71 by striking and 
at the end2  7#b7 in paragraph 7#c71 by 
striking the period and inserting 2 and2
 and  7#c7 by adding at the end the     
following new paragraph3  7#d7 the      
institution established and maintains1  
during the period beginning on the date 
of the enactment of this paragraph and  

ending on the last day of the emergency 
period described in section             
#aace7;g77#a77;,b71 the essential       
caregiver program described in section  
#aiai7;c77#g7 in the same manner as if  
such institution were a nursing         
facility4  4