Essential Caregivers Act of 2025
Key claim: The Essential Caregivers Act of 2025 would prohibit Medicare and Medicaid nursing and rehabilitation facilities from restricting essential caregiver access to residents, including during emergency periods, with limited exceptions up to 14 days with state approval.
Abstract
(HR6766 · 119th Congress) Essential Caregivers Act of 2025 This bill prohibits certain health care facilities from limiting the access of essential caregivers to residents of those facilities, including during designated emergency periods. Specifically, the bill generally prohibits Medicare skilled nursing facilities, Medicaid nursing facilities, Medicaid intermediate care facilities, and associated inpatient rehabilitation facilities from restricting the access of essential caregivers to residents of the facilities, including during emergency periods in which visitation rights are otherwise restricted. During emergency periods, facilities may restrict access for an initial period of up to seven days and for one additional maximum seven-day period (if the additional period is approved by the state health department). Facilities may restrict access for a total of 7 days (or 14 days with the approval of the state health department) during an emergency period. Essential caregivers must agree to comply with any safety protocols set by the facility, which may be no more stringent for caregivers compared to those for staff. Caregivers who fail to comply with these requirements may be denied access, subject to an appeals process. Latest action (2025-12-16): Referred to the Committee on Energy and Commerce, and in addition to the Committee 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.
Why this matters
For nursing home residents and their families, this bill would establish a federal right of access for designated essential caregivers that facilities could not override during emergencies except within narrow, state-approved windows. It uses Medicare and Medicaid conditions of participation as the enforcement lever, meaning nearly all U.S. nursing and rehabilitation facilities would be affected if enacted. The proposal codifies lessons from COVID-era visitation lockdowns into standing federal care-delivery policy.