An Act To Authorize and Regulate Visitation of Essential Caregivers at Long-term Care Facilities
Maine Legislature, Session 130, LD 1139
Committee: Health and Human Services
Sponsors: LIBBY, EVANGELOS, FAY, HASENFUS, MORALES, PERRY, WARREN, WHITE
Amends: 22 MRSA §7922, 22 MRSA §7926

Legislative Document
No. 1139
H.P. 817
House of Representatives, March 22, 2021
An Act To Authorize and Regulate Visitation of Essential 
Caregivers at Long-term Care Facilities
(EMERGENCY)
Received by the Clerk of the House on March 18, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative LIBBY of Auburn.
Cosponsored by Representatives: EVANGELOS of Friendship, FAY of Raymond, 
HASENFUS of Readfield, MORALES of South Portland, PERRY of Calais, WARREN of 
Hallowell, WHITE of Waterville.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, residents in long-term care facilities are being denied visits by family and 
friends, causing a negative impact on residents' mental and physical health; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §7922, sub-§3 is enacted to read:
3.  Essential caregiver.  "Essential caregiver" means a person chosen by a resident of 
a long-term care facility who is allowed to visit the facility at any time to visit that resident 
whenever the resident requests.  The essential caregiver may personally provide assistance 
to the resident with the activities of daily living as defined in section 7302, subsection 1-A 
or may provide emotional support and company to the resident.
Sec. 2.  22 MRSA §7926 is enacted to read:
§7926.  Right to visit by essential caregiver
1.  Visits.  An essential caregiver for a resident of a long-term care facility may enter 
a long-term care facility to provide services to the resident or visit the resident at any time 
the resident requests.  The long-term care facility may not prevent the essential caregiver 
from entering the facility at times when the facility is limiting the entry of family members 
and members of the public because of a case of an infectious disease or other reason.
2.  Limitations for essential caregivers.  Any limitations of entry that apply to direct 
care employees of the long-term care facility also apply to essential caregivers.  Those 
limitations may include, but are not limited to, requirements for illness screening and 
testing and wearing of personal protective equipment and clothing.  Any costs for illness 
testing are the responsibility of the essential caregiver.
3.  Additional limitations.  An essential caregiver may be limited by the long-term 
care facility from visiting or approaching any resident or employee in the long-term care 
facility other than the resident that the essential caregiver has a right to visit.  The long-
term care facility may establish a minimum distance between the essential caregiver and 
other residents or employees of the facility but may not establish such a distance between 
the essential caregiver and the resident the essential caregiver has a right to visit.
4. Change of essential caregiver; right not to receive visits.  A resident may have 
only one essential caregiver at a time.  A resident may name a different person as an 
essential caregiver as long as the resident, essential caregiver and director of the facility 
agree.  A resident may prohibit or defer a visit from the essential caregiver at any time.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This emergency bill establishes the right of a resident of a long-term care facility to 
designate a person as an essential caregiver who may visit the resident, at the request of the 
resident, at any time and who may not be prohibited from visiting because of an outbreak 
of disease or other reason.  The essential caregiver is subject to the same limitations of 
behavior and entry as employees of the facility, including requirements for illness screening 
and testing and use of personal protective equipment.  The facility may prevent the essential 
caregiver from approaching any other person in the facility except for the resident.  The 
resident of the facility may have only one essential caregiver at a time.