Essential Caregivers Act of 2026

Right to Choose Caregivers: Under section 2(a)(1), adding section 1819(c)(7)(A) to the Social Security Act, residents can pick two essential caregivers to have in-person access during times when regular visits are banned. This is positive because it keeps people connected to their loved ones during lockdowns.

• End-of-Life Access: Under section 2(a)(1), adding section 1819(c)(7)(B)(ii) to the Social Security Act, facilities cannot deny or limit the time of an essential caregiver's in-person visit if the resident is receiving end-of-life care. This ensures people are not forced to die alone without their chosen family member present.

• Help for Cognitively Impaired Residents: Under section 2(a)(1), adding section 1819(c)(7)(C) to the Social Security Act, a resident representative can choose the essential caregivers if the resident cannot do so due to cognitive decline or mental disability. This ensures that vulnerable residents who cannot speak for themselves still get a designated caregiver.

• Fast Complaint Resolution: Under section 2(a)(2), adding section 1128I(f)(2)(C) to the Social Security Act, state agencies must prioritize complaints about essential caregiver access and tell the person who complained about the outcome within 3 days. This holds facilities accountable quickly if they break the rules.

Initial Denial of Access: Under section 2(a)(1), adding section 1819(c)(7)(B)(i)(I) to the Social Security Act, facilities are allowed to deny an essential caregiver in-person access for the first 7 days of a suspended visitation period, offering only audio-visual communication instead. This could be viewed as negative because residents and caregivers are separated for a full week during a crisis.

• Illness and Safety Restrictions: Under section 2(a)(1), adding sections 1819(c)(7)(B)(i)(III)(aa) and (bb) to the Social Security Act, facilities can block an essential caregiver from visiting if they show symptoms of a serious infectious disease until they test negative, or if they fail to follow safety protocols. While meant for safety, this means a caregiver can be temporarily barred from seeing their loved one.