Nursing home residents would get a daily in-person caregiver right under S 3492

What does this do?

S 3492 would give residents of nursing homes and certain care facilities the legal right to receive at least one daily in-person visit from an essential caregiver they choose, even during emergencies such as pandemics or natural disasters. Facilities could suspend access for no more than 7 days at the start of an emergency, or up to 14 days with state health department approval, but must always allow access for residents who are dying or in serious decline. If a facility wrongly blocks a caregiver, a state agency must begin reviewing the appeal within two business days and issue a decision within 48 hours after that.

Who does it affect?

The bill directly affects approximately 1.3 million residents of skilled nursing facilities, nursing homes, intermediate care facilities for people with intellectual disabilities, and certain inpatient rehabilitation centers. It also affects the family members and friends who serve as caregivers, and the facilities themselves, which would have two years to update their policies.

Why does it matter?

Facilities found to have wrongly denied access must immediately restore it and could face fines, creating a compliance obligation and enforcement exposure for operators. Facilities would also need to extend to essential caregivers the same safety protocols required of their own staff, adding an operational coordination requirement.

What does it cost, and who pays?

• Fines up to $5,000 per violation
• Paid by facilities that break the rules

Where does it stand?