[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2114 Introduced in House (IH)]
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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
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
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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 Medicaid programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Essential Caregivers Act of 2021''.
SEC. 2. REQUIRING CERTAIN FACILITIES TO PERMIT ESSENTIAL CAREGIVER
VISITORS DURING A PUBLIC HEALTH EMERGENCY.
(a) Skilled Nursing Facilities; Nursing Facilities.--Section
1819(c) and 1919(c) of the Social Security Act (42 U.S.C. 1395i-3(c),
1396r(c)) are each amended--
(1) in paragraph (3)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) establish and maintain, during the period
beginning on the date of the enactment of this
subparagraph and ending on the last day of the
emergency period described in section 1135(g)(1)(B),
the essential caregiver visitor program described in
paragraph (7).''; and
(2) by adding at the end the following new paragraph:
``(7) Essential caregiver visitor program.--
``(A) In general.--For purposes subparagraph (F) of
paragraph (3), the essential caregiver visitor program
described in this paragraph is a program established by
a facility described in such paragraph under which such
facility--
``(i) allows each resident of such facility
to elect not more than 2 essential caregivers
(as defined in subparagraph (C)) to visit such
resident at such facility;
``(ii) permits each such caregiver so
elected by such resident to provide care to
such resident at such facility for up to 8
hours every day; and
``(iii) enforces each agreement described
in subparagraph (C)(iv) with respect to an
essential caregiver.
``(B) Presumption of election.--For purposes of
subparagraph (A), in the case of a resident who is
unable, by reason of physical or mental disability, to
make an election described in such subparagraph, 2 of
the following individuals who are essential caregivers
(as defined in subparagraph (C)), as selected by the
legal guardian of such resident, shall be deemed to
have been so elected by such resident:
``(i) A relative of such resident.
``(ii) The power of attorney of such
resident.
``(iii) The health care proxy of such
resident.
``(C) Essential caregiver defined.--For purposes of
this paragraph, the term `essential caregiver' means,
with respect to a resident of a facility described in
subparagraph (A), an individual who--
``(i) furnished care to such resident prior
to the first day of the emergency period
described in section 1135(g)(1)(B);
``(ii) will provide activities of daily
living (as determined appropriate by the
facility) or emotional support to such
resident, in accordance with the care plan of
such resident;
``(iii) the facility approves to furnish
such activities or support;
``(iv) agrees to--
``(I) follow all safety protocols
established by such facility (including
the use of personal protective
equipment and any mandatory COVID-19-
related training);
``(II) provide proof of a negative
COVID-19 test prior to entry to such
facility for the first time, and then
weekly thereafter;
``(III) only visit with such
resident in a private room and maintain
distance from other residents and
staff; and
``(IV) undergo screening for COVID-
19 in the same manner as staff of such
facility; and
``(v) provides a signed waiver to such
facility agreeing not to hold such facility
liable for any transmission of COVID-19 to the
individual that may occur at such facility.''.
(b) Intermediate Care Facilities for the Intellectually Disabled.--
Section 1905(d) of the Social Security Act (42 U.S.C. 1396d(d)) is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the institution established and maintains, during the
period beginning on the date of the enactment of this paragraph
and ending on the last day of the emergency period described in
section 1135(g)(1)(B), the essential caregiver program
described in section 1919(c)(7) in the same manner as if such
institution were a nursing facility.''.
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