Congress·In Committee·S. 3491

Congress would require nursing homes to allow essential caregivers even during emergency visit bans

Black Lung Benefits Improvement Act of 2025

3 months ago·View on Congress.gov

Part of: New Legislation Mandates Essential Caregiver Access During Facility Lockdowns

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Stalled

No legislative action in over 90 days.

Legislative Progress

Senate

House

President

Law

Key Points

Requires certain care facilities paid by Medicare or Medicaid to let residents name “essential caregivers,” even when normal visits are restricted.
During an emergency lockdown, facilities must allow at least 1 essential caregiver to visit every day at any time, unless a limited exception applies.
A facility can temporarily deny access only for up to 7 days (or up to 14 days with State approval), but must still allow visits for end-of-life care or a resident in decline or distress.
If a caregiver is blocked for breaking safety rules, the facility must warn them in writing first, explain any later denial within 24 hours, and offer an appeal path.
Directs Health and Human Services to write rules and create a formal appeal process; changes would start 2 years after the bill becomes law.

HealthcareMedicare MedicaidDisability Rights

Milestones

2 milestones2 actions

Dec 16, 2025Senate

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Dec 16, 2025

Introduced in Senate

What Happens Next

Projected impacts based on AI analysis

2 years after the bill is enacted into law

The new essential caregiver access rights start applying during restricted-visitation emergency periods

Residents in covered facilities can designate essential caregivers, and facilities generally must allow at least 1 essential caregiver to visit daily even when normal visitation is restricted

After enactment; timing not specified in the bill

Health and Human Services issues regulations to carry out the law

Facilities and states get clearer, uniform rules on how designation, access, safety protocols, and enforcement should work in practice

No later than 2 years after enactment

Health and Human Services creates a final rule for appealing caregiver access denials

Residents and essential caregivers get a formal path to challenge a facility that blocks access, and facilities must follow that process

Once the federal appeals rule is in place (no later than 2 years after enactment)

State survey agencies begin receiving appeals and investigating quickly

If access is denied, appeals should move fast: investigations start within 2 business days, and decisions come within 48 hours of starting the investigation

Related News

5 articles

Congressman John Larson (press release)·3 months ago

Larson, Blumenthal, Tenney, and Cornyn Introduce Bipartisan Legislation to Protect Rights of Residents in Long-Term Care Facilities

Announces introduction of the Essential Caregivers Act to ensure at least one designated essential caregiver can access residents during declared emergencies when visitation is restricted, with CMS guidance required.

Sen. Richard Blumenthal (press release)·3 months ago

Blumenthal, Tenney, Cornyn, & Larson Introduce Bipartisan Legislation to Protect Rights of Residents in Long-Term Care Facilities

Press release describing the Essential Caregivers Act proposal to guarantee in-person access to a loved one/essential caregiver for long-term care residents during declared emergencies, with CMS guidelines.

AMAC Newsline·2 months ago

AMAC Supports Bill to Protect the Well-Being of Long-Term Care Facilities

AMAC Action letter backing S.3492 and companion H.R.6766, arguing the legislation would protect residents’ rights to in-person access to at least one essential caregiver during emergencies with restricted visitation.

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