I 
118TH CONGRESS 
2D SESSION 
H. R. 8331 
To amend titles XVIII and XIX of the Social Security Act to require skilled 
nursing facilities, nursing facilities, intermediate care facilities for the 
intellectually disabled, and inpatient rehabilitation facilities to permit 
essential caregivers access during any period in which regular visitation 
is restricted. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 8, 2024 
Ms. TENNEY (for herself, Mr. LARSON of Connecticut, Mr. FITZPATRICK, Mr. 
SMITH of Nebraska, Mr. RUTHERFORD, Mr. VAN ORDEN, Ms. WILD, Mr. 
CAREY, Mr. LAWLER, Mr. CLEAVER, Ms. LEE
of Nevada, Mr. 
CISCOMANI, Mr. BACON, Mr. DAVIS of North Carolina, Mr. COHEN, and 
Mr. LANGWORTHY) introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Com-
mittee on Ways and Means, for a period to be subsequently determined 
by the Speaker, 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 facilities, nursing facilities, in-
termediate care facilities for the intellectually disabled, 
and inpatient rehabilitation facilities to permit essential 
caregivers access during any period in which regular 
visitation is restricted. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Essential Caregivers 
Act of 2024’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) According to the National Center for Health 
Statistics of the Centers for Disease Control and 
Prevention, an estimated 1,300,000 individuals re-
sided in nursing homes in 2020 at the onset of the 
COVID–19 pandemic and nearly half of all nursing 
home residents were living with a diagnosis of Alz-
heimer’s or other related dementia. 
(2) Regulations issued pursuant to the Nursing 
Home Reform Act of 1987 established basic rights 
and services for residents of nursing homes, includ-
ing ‘‘the right to a dignified existence, self-deter-
mination, and communication with and access to 
persons and services inside and outside the facility’’. 
(3) In March of 2020, the Centers for Medicare 
& Medicaid Services instructed nursing facilities to 
restrict visitation for all visitors and non-essential 
healthcare personnel and cancel communal dining 
and group activities. Long-term care ombudsman 
program representatives and State surveyors were 
among those whose access to long-term care facilities 
was prohibited or extremely restricted despite re-
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
opening guidance released by the Centers for Medi-
care & Medicaid Services in May of 2020. 
(4) Many long-term care residents declined dra-
matically or died prematurely from ‘‘failure to 
thrive’’ in isolation. 
(5) According to the National Consumer Voice 
for Quality Long-Term Care, in the first year of the 
COVID–19 pandemic, 1 in 5 healthcare workers re-
signed, retired, or were fired. This exacerbated the 
longstanding problem of staff shortages that already 
existed. Lack of staff, combined with the forced ab-
sence of families, many of whom provided informal 
care and support to residents, resulted in a signifi-
cant decline in residents’ health and well-being. Dur-
ing the pandemic, pressure ulcers in nursing home 
residents rose by 31 percent, the number of resi-
dents experiencing significant weight loss rose by 49 
percent, the number of residents reporting feeling 
down, depressed, or hopeless rose by 40 percent, and 
the number of residents prescribed antipsychotic 
medications rose by 77.5 percent. 
(6) According to the Department of Health and 
Human Services, loneliness and isolation, such as 
that experienced by long-term care residents during 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
the 
COVID–19 
pandemic, 
represent 
profound 
threats to an individual’s health and well-being. 
(7) Essential Caregivers provide supplemental 
care for their loved one, regardless of staff short-
ages, staff turnover, or emergencies. Essential Care-
givers support residents and advocate on their be-
half. 
SEC. 3. RIGHT TO ESSENTIAL CAREGIVERS; ACCESS TO ES-
SENTIAL 
CAREGIVERS 
DURING 
PERIODS 
WHEN 
VISITATION 
IS 
OTHERWISE 
RE-
STRICTED. 
(a) MEDICARE SKILLED NURSING FACILITIES.—Sec-
tion 1819(c)(3) of the Social Security Act (42 U.S.C. 
1395i–3(c)(3)) is amended— 
(1) by redesignating subparagraphs (A) through 
(E) as clauses (i) through (v), respectively; 
(2) by striking ‘‘A skilled nursing facility 
must—’’ and inserting the following: 
‘‘(A) IN GENERAL.—A skilled nursing fa-
cility shall—’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) ACCESS TO ESSENTIAL CAREGIVERS 
DURING
EMERGENCY
PERIODS
WHEN
VISITA-
TION IS OTHERWISE RESTRICTED.— 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
WHEN
VISITATION
IS
OTHERWISE
RE-
STRICTED.—During a period of emergency 
in which regular visitation is restricted by 
order of a Federal, State, or local author-
ity or by other operation of law, including 
any period in which a waiver or modifica-
tion of requirements pursuant to section 
1135 is in effect, a skilled nursing facility 
shall— 
‘‘(I) not deny in-person access to 
a resident by an essential caregiver of 
the resident except as provided in this 
subparagraph; 
‘‘(II) allow at least 1 essential 
caregiver to have access to and pro-
vide assistance to such resident at 
such facility every day and at any 
time; and 
‘‘(III) enforce the agreement de-
scribed in clause (vii)(III) with respect 
to an essential caregiver. 
‘‘(iv) RESTRICTIONS ON ACCESS.— 
‘‘(I) IN GENERAL.—During a pe-
riod of emergency in which regular 
visitation is restricted by order of a 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
Federal, State, or local authority or 
by other operation of law, including 
any period in which a waiver or modi-
fication of requirements pursuant to 
section 1135 is in effect, a skilled 
nursing facility may deny access to a 
resident by an essential caregiver of 
the resident for— 
‘‘(aa) an initial period of not 
longer than 7 days; and 
‘‘(bb) one additional period 
of not longer than 7 days (in ad-
dition to the initial period de-
scribed in item (aa)) if the de-
partment of health of the State 
in which the facility is located 
approves the denial of access for 
such additional period. 
‘‘(II) RULE OF APPLICATION.— 
For purposes of subclause (I), a pe-
riod of emergency in which regular 
visitation is restricted by order of a 
Federal, State, or local authority or 
by other operation of law shall begin 
on the date that such order or other 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
operation of law takes effect and shall 
end on the date that such order or 
other operation of law expires or is 
otherwise terminated. During any 
such period, the maximum number of 
days for which a skilled nursing facil-
ity may deny access to a resident by 
an essential caregiver of the resident 
is 7 total days (or, subject to the ap-
proval of the department of health of 
the State in which the facility is lo-
cated, 14 total days). 
‘‘(v) COMPLIANCE
AND
NOTIFICA-
TION.— 
‘‘(I) AUTHORITY.—No essential 
caregiver who upholds the agreement 
described in clause (vii)(III) shall be 
denied access to the skilled nursing 
facility of the resident involved. 
‘‘(II) NOTIFICATION.— If an es-
sential caregiver fails to comply with 
an agreement with a skilled nursing 
facility described in clause (vii)(III), 
the facility must first provide a warn-
ing to the essential caregiver and resi-
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
dent in writing citing specific issues of 
non-compliance and providing clear 
guidance for corrective measures. 
‘‘(III) ENFORCEMENT.—If an es-
sential caregiver or resident, after re-
ceiving a notification of noncompli-
ance described in subclause (II), fails 
to take corrective action, the essential 
caregiver may subsequently be denied 
access to the resident. In such cases, 
the facility shall provide to such care-
giver and such resident (or health 
care proxy of such resident), not later 
than 24 hours after such denial of ac-
cess occurs, a written explanation as 
to why such caregiver was denied ac-
cess to such resident. Such expla-
nation must include the resident’s and 
caregiver’s options for appeal under 
the processes established under clause 
(vi). 
‘‘(vi) OPTIONS FOR RESIDENTS AND 
CAREGIVERS TO APPEAL DENIALS OF AC-
CESS.— 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(I) IN
GENERAL.—Not later 
than 2 years after the date of enact-
ment of this subparagraph, the Sec-
retary shall issue a final rule estab-
lishing a process for residents and 
caregivers to appeal denials of access. 
‘‘(II) APPEALS
PROCESS.—The 
agency responsible for overseeing the 
appeals process established under sub-
clause (I) shall— 
‘‘(aa) receive appeals from 
residents and essential caregivers 
challenging 
a 
decision 
by 
a 
skilled nursing facility to deny 
access under clause (v); and 
‘‘(bb) investigate all such 
appeals within 48 hours of re-
ceipt. 
‘‘(III) BURDEN
OF
PROOF.— 
During an appeal received under the 
appeals process established under sub-
clause (I), if a skilled nursing facility 
defends a decision to deny access to 
an essential caregiver under clause (v) 
on the basis that the essential care-
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
giver violated the agreement described 
in clause (vii)(III), the skilled nursing 
facility shall have the burden of proof 
in demonstrating that the essential 
caregiver violated such agreement. 
‘‘(IV) 
RESOLUTION
OF
AP-
PEAL.—With respect to an appeal re-
ceived under the appeals process es-
tablished under subclause (I), the 
agency responsible for overseeing the 
appeal shall make a determination as 
to whether a skilled nursing facility 
violated a requirement or prohibition 
of this subparagraph within 48 hours 
of commencing its investigation. If the 
agency determines that a facility has 
violated such a requirement or prohi-
bition the agency shall— 
‘‘(aa) require the facility to 
allow immediate access to the es-
sential caregiver in question; 
‘‘(bb) require the facility to 
establish a corrective action plan 
to prevent the recurrence of such 
violation within a 7-day period of 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
receiving notice from the agency; 
and 
‘‘(cc) impose a civil money 
penalty in an amount to be deter-
mined by the agency (not to ex-
ceed $5,000) if such facility fails 
to implement the corrective ac-
tion plan with the 7-day period 
specified in item (bb). 
‘‘(vii) DEFINITION
OF
ESSENTIAL 
CAREGIVER.—For purposes of this sub-
paragraph, the term ‘essential caregiver’ 
means, with respect to a resident of a 
skilled nursing facility, an individual 
who— 
‘‘(I) is designated by or on behalf 
of the resident pursuant to clause (i) 
or clause (ii); 
‘‘(II) will provide assistance to 
such resident, which may include as-
sistance with activities of daily living 
or providing emotional support or 
companionship to such resident; and 
‘‘(III) agrees to follow all safety 
protocols established by such facility, 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
which shall be clearly specified in 
writing and may be no more restric-
tive than the safety protocols (includ-
ing safety standards and entry re-
quirements) applicable to staff of such 
facility.’’. 
(b) 
MEDICAID
NURSING
FACILITIES.—Section 
1919(c)(3) of the Social Security Act (42 U.S.C. 
1396r(c)(3)) is amended— 
(1) by redesignating subparagraphs (A) through 
(E) as clauses (i) through (v), respectively; 
(2) by striking ‘‘A nursing facility must—’’ and 
inserting the following: 
‘‘(A) IN
GENERAL.—A nursing facility 
shall—’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) ACCESS TO ESSENTIAL CAREGIVERS 
DURING
EMERGENCY
PERIODS
WHEN
VISITA-
TION IS OTHERWISE RESTRICTED.— 
‘‘(i) DESIGNATION
OF
ESSENTIAL 
CAREGIVER.—Each nursing facility shall 
recognize the right of each resident of such 
facility to— 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(I) designate and have access to 
essential caregivers for such resident 
at all times, including during any pe-
riod of emergency in which regular 
visitation is restricted by order of a 
Federal, State, or local authority or 
by other operation of law; and 
‘‘(II) amend such designation at 
any time. 
‘‘(ii) 
PRESUMPTION
OF
DESIGNA-
TION.—For purposes of clause (i), in the 
case of a resident who is unable, by reason 
of cognitive or mental disability, to make 
an election described in such clause, the 
resident representative (as defined in sec-
tion 483.5 of title 42, Code of Federal 
Regulations) of such resident shall be per-
mitted to make such designation for such 
resident. 
‘‘(iii) ACCESS
TO
ESSENTIAL
CARE-
GIVERS
DURING
EMERGENCY
PERIODS 
WHEN
VISITATION
IS
OTHERWISE
RE-
STRICTED.—During a period of emergency 
in which regular visitation is restricted by 
order of a Federal, State, or local author-
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
ity or by other operation of law, including 
any period in which a waiver or modifica-
tion of requirements pursuant to section 
1135 is in effect, a nursing facility shall— 
‘‘(I) not deny in-person access to 
a resident by an essential caregiver of 
the resident except as provided in this 
subparagraph; 
‘‘(II) allow at least 1 essential 
caregiver to have access to and pro-
vide assistance to such resident at 
such facility every day and at any 
time; and 
‘‘(III) enforce the agreement de-
scribed in clause (vii)(III) with respect 
to an essential caregiver. 
‘‘(iv) RESTRICTIONS ON ACCESS.— 
‘‘(I) IN GENERAL.—During a pe-
riod of emergency in which regular 
visitation is restricted by order of a 
Federal, State, or local authority or 
by other operation of law, including 
any period in which a waiver or modi-
fication of requirements pursuant to 
section 1135 is in effect, a nursing fa-
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
cility may deny access to a resident by 
an essential caregiver of the resident 
for— 
‘‘(aa) an initial period of not 
longer than 7 days; and 
‘‘(bb) one additional period 
of not longer than 7 days (in ad-
dition to the initial period de-
scribed in item (aa)) if the de-
partment of health of the State 
in which the facility is located 
approves the denial of access for 
such additional period. 
‘‘(II) RULE OF APPLICATION.— 
For purposes of subclause (I), a pe-
riod of emergency in which regular 
visitation is restricted by order of a 
Federal, State, or local authority or 
by other operation of law shall begin 
on the date that such order or other 
operation of law takes effect and shall 
end on the date that such order or 
other operation of law expires or is 
otherwise terminated. During any 
such period, the maximum number of 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
days for which a nursing facility may 
deny access to a resident by an essen-
tial caregiver of the resident is 7 total 
days (or, subject to the approval of 
the department of health of the State 
in which the facility is located, 14 
total days). 
‘‘(v) COMPLIANCE
AND
NOTIFICA-
TION.— 
‘‘(I) AUTHORITY.—No essential 
caregiver who upholds the agreement 
described in clause (vii)(III) shall be 
denied access to the nursing facility of 
the resident involved. 
‘‘(II) NOTIFICATION.— If an es-
sential caregiver fails to comply with 
an agreement with a nursing facility 
described in clause (vii)(III), the facil-
ity must first provide a warning to the 
essential caregiver and resident in 
writing citing specific issues of non- 
compliance and providing clear guid-
ance for corrective measures. 
‘‘(III) ENFORCEMENT.—If an es-
sential caregiver or resident, after re-
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
ceiving a notification of noncompli-
ance described in subclause (II), fails 
to take corrective action, the essential 
caregiver may subsequently be denied 
access to the resident. In such cases, 
the facility shall provide to such care-
giver and such resident (or health 
care proxy of such resident), not later 
than 24 hours after such denial of ac-
cess occurs, a written explanation as 
to why such caregiver was denied ac-
cess to such resident. Such expla-
nation must include the resident’s and 
caregiver’s options for appeal under 
the processes established under clause 
(vi). 
‘‘(vi) OPTIONS FOR RESIDENTS AND 
CAREGIVERS TO APPEAL DENIALS OF AC-
CESS.— 
‘‘(I) IN
GENERAL.—Not later 
than 2 years after the date of enact-
ment of this subparagraph, the Sec-
retary shall issue a final rule estab-
lishing a process for residents and 
caregivers to appeal denials of access. 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(II) APPEALS
PROCESS.—The 
agency responsible for overseeing the 
appeals process established under sub-
clause (I) shall— 
‘‘(aa) receive appeals from 
residents and essential caregivers 
challenging a decision by a nurs-
ing facility to deny access under 
clause (v); and 
‘‘(bb) investigate all such 
appeals within 48 hours of re-
ceipt. 
‘‘(III) BURDEN
OF
PROOF.— 
During an appeal received under the 
appeals process established under sub-
clause (I), if a nursing facility defends 
a decision to deny access to an essen-
tial caregiver under clause (v) on the 
basis that the essential caregiver vio-
lated the agreement described in 
clause (vii)(III), the nursing facility 
shall have the burden of proof in dem-
onstrating that the essential caregiver 
violated such agreement. 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(IV) 
RESOLUTION
OF
AP-
PEAL.—With respect to an appeal re-
ceived under the appeals process es-
tablished under subclause (I), the 
agency responsible for overseeing the 
appeal shall make a determination as 
to whether a nursing facility violated 
a requirement or prohibition of this 
subparagraph within 48 hours of com-
mencing its investigation. If the agen-
cy determines that a facility has vio-
lated such a requirement or prohibi-
tion the agency shall— 
‘‘(aa) require the facility to 
allow immediate access to the es-
sential caregiver in question; 
‘‘(bb) require the facility to 
establish a corrective action plan 
to prevent the recurrence of such 
violation within a 7-day period of 
receiving notice from the agency; 
and 
‘‘(cc) impose a civil money 
penalty in an amount to be deter-
mined by the agency (not to ex-
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
ceed $5,000) if such facility fails 
to implement the corrective ac-
tion plan with the 7-day period 
specified in item (bb). 
‘‘(vii) DEFINITION
OF
ESSENTIAL 
CAREGIVER.—For purposes of this sub-
paragraph, the term ‘essential caregiver’ 
means, with respect to a resident of a 
nursing facility, an individual who— 
‘‘(I) is designated by or on behalf 
of the resident pursuant to clause (i) 
or clause (ii); 
‘‘(II) will provide assistance to 
such resident, which may include as-
sistance with of activities of daily liv-
ing or providing emotional support or 
companionship to such resident; and 
‘‘(III) agrees to follow all safety 
protocols established by such facility, 
which shall be clearly specified in 
writing and may be no more restric-
tive than the safety protocols (includ-
ing safety standards and entry re-
quirements) applicable to staff of such 
facility.’’. 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
(c) INTERMEDIATE CARE FACILITIES FOR THE IN-
TELLECTUALLY DISABLED.—Section 1905(d) of the So-
cial Security Act (42 U.S.C. 1396d(d)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) the institution complies with the require-
ments relating to the designation of, and access to 
residents by, essential caregivers described in section 
1919(c)(3)(B) in the same manner as if such insti-
tution were a nursing facility.’’. 
(d) INPATIENT REHABILITATION FACILITIES.—Sec-
tion 1866(a)(1) of the Social Security Act (42 U.S.C. 
1395cc(a)(1)) is amended— 
(1) in subparagraph (X), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (Y), by striking the period 
at the end and inserting ‘‘, and’’; and 
(3) by inserting after subparagraph (Y) the fol-
lowing new subparagraph: 
‘‘(Z) in the case of an inpatient rehabilitation 
facility that is located on the same campus (as de-
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS
fined by the Secretary) as a skilled nursing facility, 
nursing facility (as defined in section 1919(a)), or 
intermediate care facility for the intellectually dis-
abled (as described in section 1905(d)), to comply 
with the requirements relating to the designation of, 
and access to residents by, essential caregivers de-
scribed in section 1819(c)(3)(B) in the same manner 
as if such institution were a skilled nursing facil-
ity.’’. 
(e) REGULATIONS.—The Secretary of Health and 
Human Services shall, after consultation with stakeholders 
(including residents, family members, long-term care om-
budsmen, other advocates of nursing home residents, and 
nursing home providers), promulgate regulations to carry 
out this Act and the amendments made by this Act. 
(f) RULES OF CONSTRUCTION.— 
(1) NO
NEW
AUTHORITY
FOR
STATE
AND 
LOCAL
OFFICIALS
TO
RESTRICT
VISITATION
AT 
NURSING
FACILITIES.—Nothing in this section or 
the amendments made by this section shall be con-
strued as creating any new authority for State or 
local officials to restrict visitation at nursing facili-
ties. 
(2) NO NEW AUTHORITY FOR NURSING FACILI-
TIES
TO
UNILATERALLY
RESTRICT
VISITATION.— 
VerDate Sep 11 2014 
00:32 Jun 08, 2024
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H8331.IH
H8331
ssavage on LAPJG3WLY3PROD with BILLS