Essential Caregivers Act of 2026

Key Points

• The bill lets every nursing home and skilled nursing facility resident choose two essential caregivers who can visit in person even if the facility shuts down regular visitation during a health emergency.
• Facilities can require caregivers to follow safety protocols, but those rules cannot be stricter than what applies to the facility's own staff, and caregivers can be required to use video calls for the first 7 days of a shutdown before in-person visits resume.
• Residents receiving end-of-life care can never be denied their chosen caregiver's in-person visits, no matter what visitation restrictions are in place elsewhere in the facility.
• The same essential caregiver requirement extends beyond nursing homes to long-term care hospitals, inpatient rehabilitation facilities, and intermediate care facilities for people with intellectual disabilities.
• Complaints about denied caregiver access get priority handling, with state survey agencies required to notify complainants of the investigation outcome within 3 days.
• HHS cannot waive these caregiver access requirements even during a declared public health emergency, and must issue implementing regulations within 18 months, with the new rules taking effect 1 year after enactment.