It is our understanding that during CARF recertification surveys, facilities are being asked for their policy and procedure on the “Essential Caregivers Act”. What is the Essential Caregivers Act? 

The Essential Caregivers Act, which came about earlier this year, was introduced to Congress in June 2021 with bipartisan support. The bill, H.R. 3733 “To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any Public Health Emergency (PHE) under the Medicare and Medicaid programs” would ensure that in the event of a future Public Health Emergency, that facilities participating in Medicare and Medicaid would be required to participate in the Essential Caregiver Program outlined by this bill. The intent of H.R.3733 is to ensure that designated essential caregivers are always able to access their loved ones living in nursing homes while still adhering to applicable health and safety protocols. Some states have already mandated requirements such as these, but if passed, this bill would create a national standard. 

What defines an “Essential Caregiver”? The bill defines Essential Caregivers as individuals who are designated either by a resident or the resident’s representative (if the resident cannot select one) to have access to a nursing facility in the event of a Public Health Eemergency. Essential Caregivers provide direct care to residents and this care is defined as Activities of Daily Living, emotional support, or companionship to the resident.  

 This Act was never passed at a federal level however, many states have implemented it. If your center is CARF certified, it is a requirement that you have this policy in place. Not CARF certified? It is recommended that you maintain an Essential Caregiver policy in your emergency preparedness manual as a “just in case”! HealthCap has developed a policy and procedure to meet the requirements of the Act. Please see the link below for access to this document. Stay well and stay informed!