HB6766, the Essential Caregivers Act of 2025, would require certain long-term care and rehabilitation facilities to allow residents to designate at least one “essential caregiver” who may continue in-person access even when regular visitation is restricted by a federal, state, or local emergency order or other operation of law. The bill applies to skilled nursing facilities and nursing facilities, and extends the same caregiver-access requirements to intermediate care facilities for individuals with intellectual disabilities and to certain inpatient rehabilitation facilities on the same campus as those facilities.
The bill sets out detailed rules for access, including daily and anytime visitation for at least one essential caregiver, limited circumstances for temporary denial of access, special protections for residents in end-of-life care or in decline or distress, written safety protocols, notice requirements, and a formal appeal process. It also directs the Secretary of Health and Human Services to issue regulations within two years and provides for enforcement through state survey agencies, corrective action plans, and civil money penalties of up to $5,000 for noncompliance.
Impact
The bill would amend multiple provisions of the Social Security Act, including sections governing Medicare and Medicaid nursing facilities and related institutional care settings. It would create a new federal right for residents to designate and receive access to essential caregivers during visitation restrictions, limit the ability of facilities and state or local officials to bar such access, and require state survey agencies to investigate appeals and enforce compliance. The measure would also affect facility policies, resident rights, and oversight procedures for long-term care providers and certain rehabilitation facilities.
Sentiment
The bill’s stated purpose and findings reflect a strongly supportive view of caregiver access, emphasizing the harms of isolation during the COVID-19 pandemic, the role of family caregivers in resident well-being, and the need to preserve dignity and advocacy for residents. The introduction by a bipartisan group of House members suggests cross-party interest in the issue. No committee debate or recorded votes were provided, so there is no documented opposition or formal sentiment from legislative proceedings in the available materials.
Contention
The main policy tension is between resident access to trusted caregivers and facility or public-health authority discretion during emergencies. The bill limits denial of access to short periods, requires access for residents in end-of-life or distress situations, and places the burden on facilities in appeals, which could be viewed by providers or regulators as constraining infection-control or emergency-management decisions. Another possible point of contention is federal preemption: the bill expressly says it creates no new authority for state or local officials or facilities to restrict visitation, while simultaneously imposing federal access requirements and penalties.