,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ifda ,,in ,,the ,,house ,,of ,,representatives ,july #ac1 #bjbf,ms4 ,tenney 7for herself and ,mr4 ,larson of ,connecticut7 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 certain facilities to permit visits from an essential caregiver during certain periods4 #a4 ,short title ,this ,act may be cited as the ,essential ,caregivers ,act of #bjbf4 #b4 ,requiring certain facilities to permit visits from an essential caregiver during certain periods 7a7 ,nursing facilities and skilled nursing facilities 7#a7 ,in general ,sections #ahai7;c7 and #aiai7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7;c72 #acifr7c77 are each amended-- 7,a7 in paragraph 7#c7-- 7i7 in subparagraph 7,d71 by striking and at the end2 7ii7 in subparagraph 7,e71 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following new subparagraph3 7,f7 implement and maintain1 during any period during which regular visitation at such facility is suspended1 the essential caregivers program described in paragraph 7#g74 2 and 7,b7 by adding at the end the following new paragraph3 7#g7 ,essential caregivers program 7,a7 ,in general ,for purposes of subparagraph 7,f7 of paragraph 7#c71 the essential caregivers program described in this paragraph is a program implemented by a facility described in such paragraph under which such facility must-- 7i7 allow each resident of such facility the ability to elect #b essential caregivers 7as defined in subparagraph 7,d77 to have in-person access to such resident at such facility2 7ii7 allow each such resident to amend such election at any time2 and 7iii7 subject to subparagraph 7,b71 permit each such caregiver so elected by such resident in-person access to such resident4 7,b7 ,limitations on access 7i7 ,in general ,the ,secretary may permit a facility described in subparagraph 7,a7 to limit the access to an essential caregiver elected by a resident of such facility in accordance with guidance issued by the ,secretary4 ,such guidance may-- 7,i7 permit such a facility to deny such a caregiver in-person access to such resident for the first #g days during the period during which regular visitation at such facility is suspended 7as described in paragraph 7#c77;,f771 but only if1 during the period during which such in-person access is denied1 such facility provides such caregiver access to such resident through an audio-visual telecommunications system2 7,,ii7 provide reasonable accommodations to protect the rights of a roommate of such resident2 and 7,,iii7 notwithstanding subclause 7,i7-- 7aa7 allow such a facility to limit or deny such a caregiver in-person access to such resident if such caregiver displays symptoms of a serious infectious disease that poses a significant risk to the residents of such facility1 but only until such time as such caregiver tests negative for such disease2 7bb7 allow such a facility to deny such a caregiver access to such resident if such caregiver fails to follow the safety protocols described in subparagraph 7,d72 and 7cc7 allow only #a such caregiver at a time in-person access to such resident4 7ii7 ,no limitation allowed for end-of-life care ,notwithstanding clause 7i71 a facility described in subparagraph 7,a7 may not deny an essential caregiver elected by a resident of such facility under subparagraph 7,a7 in-person access to such resident1 or limit the duration of such in-person access1 if such resident has in effect an election under section #ahab7;d74 7,c7 ,presumption of election ,for purposes of subparagraph 7,a71 in the case of a resident who is unable1 by reason of cognitive decline or mental disability1 to make an election described in such subparagraph1 a resident representative 7as defined in section #dhc4e of title #db1 ,code of ,federal ,regulations 7or a successor regulation77 of such resident shall be permitted to make such election for such resident4 7,d7 ,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 agrees to follow all protocols for physical safety and infection control established by such facility1 which shall be clearly specified in writing and be not more restrictive than such protocols 7including safety standards and entry requirements7 applicable to staff of such facility4 4 7#b7 ,timeline for investigation of complaints ,section #aabh;,i7f77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;j7f77#b77 is amended by adding at the end the following new subparagraph3 7,c7 ,process for complaints relating to essential caregiver access ,the complaint resolution process established under subparagraph 7,b7 shall provide that1 in the case of a complaint relating to a violation of the requirements of section #ahai7;c77#c77;,f7 or section #aiai7;c77#c77;,f7-- 7i7 the ,state survey and certification agency shall prioritize the investigation of such complaint2 and 7ii7 the deadline for notifying the complainant of the outcome of the investigation is not later than #c days after such complaint is received4 4 7b7 ,long-term care hospitals ,section #ahfa7;ccc77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7ccc77#d77 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,d7 the institution implements and maintains1 during any period during which regular visitation at such institution is suspended1 the essential caregivers program described in section #ahai7;c77#g7 in the same manner as if such institution were a skilled nursing facility4 4 7c7 ,inpatient rehabilitation facilities ,section #ahff7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;cc7a77#a77 is amended-- 7#a7 in subparagraph 7,x71 by striking and at the end2 7#b7 in subparagraph 7,y71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after subparagraph 7,y7 the following new subparagraph3 7,z7 in the case of an inpatient rehabilitation facility1 to implement and maintain1 during any period during which regular visitation at such facility is suspended1 the essential caregivers program described in section #ahai7;c77#g7 in the same manner as if such facility were a skilled nursing facility4 4 7d7 ,intermediate care facilities for individuals with intellectual disabilities ,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 at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#d7 the institution implements and maintains1 during any period during which regular visitation at such institution is suspended1 the essential caregivers program described in section #aiai7;c77#g7 in the same manner as if such institution were a nursing facility4 4 7e7 ,nonapplicability of waivers ,subparagraphs 7,a7 and 7,b7 of section #aace7;b77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;b77#a77 are each amended by inserting 7other than the requirements of sections #ahai7;c77#c77;,f71 #ahfa7;ccc77#d77;,d71 #ahff7;a77#a77,z71 #aije7;d77#d71 and #aiai7;c77#c77;,f77 after requirements4 7f7 ,regulations ,the ,secretary of ,health and ,human ,services shall promulgate regulations to carry out the amendments made by this section not later than #ah months after the date of the enactment of this section4 7g7 ,effective date ,the amendments made by this section shall apply beginning #a year after the date of the enactment of this section4