Essential Caregivers Act of 2021
Bill: H.R.2114 | Sponsor: Rep. Tenney, Claudia (R-NY)
Policy area: Health

Summary:
Essential Caregivers Act of 2021
This bill requires skilled nursing facilities, nursing facilities, and intermediate care facilities for the intellectually disabled to establish an essential caregivers program during the COVID-19 public health emergency.

To amend titles XVIII and XIX of the Social Security Act to require 
 skilled nursing facilities, nursing facilities, and intermediate care 
facilities for the intellectually disabled to permit certain essential 
caregiver visitors during a public health emergency under the Medicare 
                         and Medicaid programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Essential Caregivers Act of 2021''.

SEC. 2. REQUIRING CERTAIN FACILITIES TO PERMIT ESSENTIAL CAREGIVER 
              VISITORS DURING A PUBLIC HEALTH EMERGENCY.

    (a) Skilled Nursing Facilities; Nursing Facilities.--Section 
1819(c) and 1919(c) of the Social Security Act (42 U.S.C. 1395i-3(c), 
1396r(c)) are each amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(F) establish and maintain, 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 1135(g)(1)(B), 
                the essential caregiver visitor program described in 
                paragraph (7).''; and
            (2) by adding at the end the following new paragraph:
            ``(7) Essential caregiver visitor program.--
                    ``(A) In general.--For purposes subparagraph (F) of 
                paragraph (3), the essential caregiver visitor program 
                described in this paragraph is a program established by 
                a facility described in such paragraph under which such 
                facility--
                            ``(i) allows each resident of such facility 
                        to elect not more than 2 essential caregivers 
                        (as defined in subparagraph (C)) to visit such 
                        resident at such facility;
                            ``(ii) permits each such caregiver so 
                        elected by such resident to provide care to 
                        such resident at such facility for up to 8 
                        hours every day; and
                            ``(iii) enforces each agreement described 
                        in subparagraph (C)(iv) with respect to an 
                        essential caregiver.
                    ``(B) Presumption of election.--For purposes of 
                subparagraph (A), in the case of a resident who is 
                unable, by reason of physical or mental disability, to 
                make an election described in such subparagraph, 2 of 
                the following individuals who are essential caregivers 
                (as defined in subparagraph (C)), as selected by the 
                legal guardian of such resident, shall be deemed to 
                have been so elected by such resident:
                            ``(i) A relative of such resident.
                            ``(ii) The power of attorney of such 
                        resident.
                            ``(iii) The health care proxy of such 
                        resident.
                    ``(C) Essential caregiver defined.--For purposes of 
                this paragraph, the term `essential caregiver' means, 
                with respect to a resident of a facility described in 
                subparagraph (A), an individual who--
                            ``(i) furnished care to such resident prior 
                        to the first day of the emergency period 
                        described in section 1135(g)(1)(B);
                            ``(ii) will provide activities of daily 
                        living (as determined appropriate by the 
                        facility) or emotional support to such 
                        resident, in accordance with the care plan of 
                        such resident;
                            ``(iii) the facility approves to furnish 
                        such activities or support;
                            ``(iv) agrees to--
                                    ``(I) follow all safety protocols 
                                established by such facility (including 
                                the use of personal protective 
                                equipment and any mandatory COVID-19-
                                related training);
                                    ``(II) provide proof of a negative 
                                COVID-19 test prior to entry to such 
                                facility for the first time, and then 
                                weekly thereafter;
                                    ``(III) only visit with such 
                                resident in a private room and maintain 
                                distance from other residents and 
                                staff; and
                                    ``(IV) undergo screening for COVID-
                                19 in the same manner as staff of such 
                                facility; and
                            ``(v) provides a signed waiver to such 
                        facility agreeing not to hold such facility 
                        liable for any transmission of COVID-19 to the 
                        individual that may occur at such facility.''.
    (b) Intermediate Care Facilities for the Intellectually Disabled.--
Section 1905(d) of the Social 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 established and maintains, 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 1135(g)(1)(B), the essential caregiver program 
        described in section 1919(c)(7) in the same manner as if such 
        institution were a nursing facility.''.
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