The House Ways & Means Committee held a markup session on July 15, 2026, advancing bipartisan legislation that would establish federal requirements for essential caregiver access in nursing homes and other post-acute and long-term care settings during periods when visitation restrictions are in place. Representativess Claudia Tenney (R-NY) and John Larson (D-CT) originally introduced the Essential Caregivers Act of 2026 as a response to stories from their constituents who were unable to visit loved ones in nursing homes during the COVID-19 pandemic. The committee worked with stakeholders to revise the bill in advance of the markup and approved the amended legislation by a unanimous 38-0 vote.  

As amended, the bill would allow each nursing home resident to designate up to two essential caregivers who could continue in-person visitation during a visitation restriction period, with one caregiver permitted to visit at a time. If a resident is unable to make that designation, a resident representative could do so. To ensure the safety of nursing home staff, the legislation would permit nursing homes to implement safety protocols consistent with guidance from the Secretary of the Department of Health and Human Services (HHS) and would allow restrictions on essential caregivers who exhibit symptoms of a serious infectious disease or who do not follow required safety protocols. The bill also contains provisions related to end-of-life visitation, complaint investigations, and applicability to long-term care hospitals, inpatient rehabilitation facilities, and intermediate care facilities for individuals with intellectual and developmental disabilities.

LeadingAge has not taken a formal position on the legislation but has been actively engaged with congressional offices throughout the drafting and revision process. We will continue working with lawmakers as the bill moves forward to help ensure residents maintain access to loved ones during future visitation restrictions while preserving the flexibility and support nursing homes need to protect residents, staff, and visitors during infectious disease outbreaks. The bill’s next step would be consideration by the full House, but it is up to House leadership to decide which bills get brought to the floor for consideration, so the timing of any future action is unclear. LeadingAge will also continue to monitor whether any provisions of the bill might be included in a broader legislative package.