Essential Caregivers Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2114 To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, and intermediate care facilities for the intellectually disabled to permit certain essential caregiver visitors during a public health emergency under the Medicare and Medicaid programs. IN THE HOUSE OF REPRESENTATIVES MARCH 19, 2021 Ms. TENNEY introduced the following bill; which was referred to the Com- mittee 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 A BILL To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, and intermediate care facilities for the intellectually disabled to permit certain essential caregiver visitors during a public health emergency under the Medicare and Med- icaid programs. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:44 May 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2114.IH H2114 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2114 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Essential Caregivers 2 Act of 2021’’. 3 SEC. 2. REQUIRING CERTAIN FACILITIES TO PERMIT ES- 4 SENTIAL CAREGIVER VISITORS DURING A 5 PUBLIC HEALTH EMERGENCY. 6 (a) SKILLED NURSING FACILITIES; NURSING FA- 7 CILITIES.—Section 1819(c) and 1919(c) of the Social Se- 8 curity Act (42 U.S.C. 1395i–3(c), 1396r(c)) are each 9 amended— 10 (1) in paragraph (3)— 11 (A) in subparagraph (D), by striking 12 ‘‘and’’ at the end; 13 (B) in subparagraph (E), by striking the 14 period and inserting ‘‘; and’’; and 15 (C) by adding at the end the following new 16 subparagraph: 17 ‘‘(F) establish and maintain, during the 18 period beginning on the date of the enactment 19 of this subparagraph and ending on the last day 20 of the emergency period described in section 21 1135(g)(1)(B), the essential caregiver visitor 22 program described in paragraph (7).’’; and 23 (2) by adding at the end the following new 24 paragraph: 25 VerDate Sep 11 2014 23:44 May 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2114.IH H2114 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2114 IH ‘‘(7) ESSENTIAL CAREGIVER VISITOR PRO- 1 GRAM.— 2 ‘‘(A) IN GENERAL.—For purposes sub- 3 paragraph (F) of paragraph (3), the essential 4 caregiver visitor program described in this para- 5 graph is a program established by a facility de- 6 scribed in such paragraph under which such fa- 7 cility— 8 ‘‘(i) allows each resident of such facil- 9 ity to elect not more than 2 essential care- 10 givers (as defined in subparagraph (C)) to 11 visit such resident at such facility; 12 ‘‘(ii) permits each such caregiver so 13 elected by such resident to provide care to 14 such resident at such facility for up to 8 15 hours every day; and 16 ‘‘(iii) enforces each agreement de- 17 scribed in subparagraph (C)(iv) with re- 18 spect to an essential caregiver. 19 ‘‘(B) PRESUMPTION OF ELECTION.—For 20 purposes of subparagraph (A), in the case of a 21 resident who is unable, by reason of physical or 22 mental disability, to make an election described 23 in such subparagraph, 2 of the following indi- 24 viduals who are essential caregivers (as defined 25 VerDate Sep 11 2014 23:44 May 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2114.IH H2114 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2114 IH in subparagraph (C)), as selected by the legal 1 guardian of such resident, shall be deemed to 2 have been so elected by such resident: 3 ‘‘(i) A relative of such resident. 4 ‘‘(ii) The power of attorney of such 5 resident. 6 ‘‘(iii) The health care proxy of such 7 resident. 8 ‘‘(C) ESSENTIAL CAREGIVER DEFINED.— 9 For purposes of this paragraph, the term ‘es- 10 sential caregiver’ means, with respect to a resi- 11 dent of a facility described in subparagraph 12 (A), an individual who— 13 ‘‘(i) furnished care to such resident 14 prior to the first day of the emergency pe- 15 riod described in section 1135(g)(1)(B); 16 ‘‘(ii) will provide activities of daily liv- 17 ing (as determined appropriate by the fa- 18 cility) or emotional support to such resi- 19 dent, in accordance with the care plan of 20 such resident; 21 ‘‘(iii) the facility approves to furnish 22 such activities or support; 23 ‘‘(iv) agrees to— 24 VerDate Sep 11 2014 23:44 May 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2114.IH H2114 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2114 IH ‘‘(I) follow all safety protocols es- 1 tablished by such facility (including 2 the use of personal protective equip- 3 ment and any mandatory COVID–19- 4 related training); 5 ‘‘(II) provide proof of a negative 6 COVID–19 test prior to entry to such 7 facility for the first time, and then 8 weekly thereafter; 9 ‘‘(III) only visit with such resi- 10 dent in a private room and maintain 11 distance from other residents and 12 staff; and 13 ‘‘(IV) undergo screening for 14 COVID–19 in the same manner as 15 staff of such facility; and 16 ‘‘(v) provides a signed waiver to such 17 facility agreeing not to hold such facility 18 liable for any transmission of COVID–19 19 to the individual that may occur at such 20 facility.’’. 21 (b) INTERMEDIATE CARE FACILITIES FOR THE IN- 22 TELLECTUALLY DISABLED.—Section 1905(d) of the So- 23 cial Security Act (42 U.S.C. 1396d(d)) is amended— 24 VerDate Sep 11 2014 23:44 May 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2114.IH H2114 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2114 IH (1) in paragraph (2), by striking ‘‘and’’ at the 1 end; 2 (2) in paragraph (3), by striking the period and 3 inserting ‘‘; and’’; and 4 (3) by adding at the end the following new 5 paragraph: 6 ‘‘(4) the institution established and maintains, 7 during the period beginning on the date of the en- 8 actment of this paragraph and ending on the last 9 day of the emergency period described in section 10 1135(g)(1)(B), the essential caregiver program de- 11 scribed in section 1919(c)(7) in the same manner as 12 if such institution were a nursing facility.’’. 13 Æ VerDate Sep 11 2014 23:44 May 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2114.IH H2114 kjohnson on DSK79L0C42PROD with BILLS