Tenney Introduces the National Essential Caregivers Act to Protect Seniors and other Long-Term Care Patients During Public

Press Release

Congresswoman Claudia Tenney (NY-22) today introduced H.R. 2114, the Essential Caregivers Act, in Congress. This legislation would permit designated essential caregivers to enter long-term care facilities, which includes nursing homes and group homes, to provide care and support to a facility resident during any public health emergency. Tenney's legislation would ensure residents in long-term care facilities are not left alone or without access to a family member during a public health emergency. Essential caregivers would be required to comply with stringent safety standards.

"One of the greatest tragedies of the COVID-19 pandemic is that those living in nursing and group homes were put at greater risk because of Governor Andrew Cuomo's negligent policies. Even worse is that they were forced to suffer for more than a year without the care, love, and support of their loved ones. The Essential Caregivers Act will ensure this never happens again by requiring long-term care facilities to guarantee access to designated essential caregivers during any public health crisis," said Congresswoman Tenney. "This new federal standard will prevent seniors and those with disabilities from the indignity of being cut off from their caregivers. While so many New York families continue to mourn the loss of their loved ones and demand Governor Cuomo be held accountable, this bill is one compassionate step toward making sure the most vulnerable among us never suffer alone in isolation again."

The isolation this pandemic has created for seniors and individuals with disabilities in long-term care facilities has led to an unprecedented mental health crisis. In isolation, some families have reported their loved ones losing the will to live, and others will forever live with the pain of not being able to comfort their loved ones during their last days. The top priority of this bill is the health and wellbeing of everyone involved--residents, caregivers, and facility staff.

Tenney was joined at a press conference on Wednesday by New Yorkers who lost a family member or a loved one in a nursing home or group home facility during the COVID-19 pandemic.

"I support the Essential Caregivers bill because I know how it felt for mom to be isolated for 10 months of loneliness and missing her family. She got covid from her assisted living facility from another resident who was able to go out for the day to attend a funeral but had to quarantine in her room upon return. This doesn't prevent her from being around staff who came in her room and then passed the virus onto my mother! I was tested four times and couldn't visit within a 24-hour window of a negative test, yet employees were only tested once a week. My mother passed away on December 28, 2020, from covid, and we lost almost a year of not being able to see her in person. This bill will hopefully help others not have to go through this ever again, and I can only wish we had the same chance," said Jill Evans, who lost her mother in an assisted living facility in December 2020.

"I believe every facility in America needs the Essential Caregiver Bill. No resident anywhere deserves isolation, neglect, or failure to thrive," said Karla Abraham-Conley, who lost her mother in a nursing home during the COVID-19 pandemic.

Congresswoman Tenney's legislation also received praise from New York Assembly Members Marianne Buttenschon and Brian D. Miller.

"We have witnessed the serious degradation in the mental, physical and emotional well-being of nursing home residents due to isolation brought on by the COVID-19 pandemic. That is why I fought to pass legislation that would guarantee safe nursing home visitation in New York State, and authorize the homes to recognize designated loved ones to provide residents with "compassionate caregiving visitation," (A01052). The Federal Bill H. R. 2114, sponsored by Congresswoman Tenney will further enforce these personal connections and give the families of residents a safe avenue to visit their loved ones and provide the emotional support they need and deserve. All Americans should be able to connect with loved ones in residential care facilities," said Assemblywoman Marianne Buttenschon (D-Utica/Rome).

"Essential caregivers play a critical role in the overall wellbeing of residents who are in long-term care facilities. For this reason, passing a national essential caregiver standard, which would allow essential caregivers access to long-term care facilities, would be a huge win for this community. I applaud Congresswoman Claudia Tenney for spearheading this on a national level. As someone who recovered from COVID-19 in a similar facility, I understand the needs of residents and the physical and emotional care from family members as being important to the wellbeing of residents. We have clearly seen the effect separation has caused so many this past year with the pandemic, so it is high time we get something in place in order to prevent this from happening again in the future," said Assemblyman Brian Miller (R,I,C-New Hartford).

Background on the Essential Caregivers Act:
Essential Caregiver Designation

Up to two individuals who were a steady presence in a resident's life prior to the start of a public health emergency can be designated as an essential caregiver.
An essential caregiver must be a family member, have power of attorney, or the healthcare proxy of the resident.
Providing Care for Loved Ones

Caregivers provide physical, emotional, and spiritual support to residents.
Access to essential caregivers allows quality care for the resident, transparent and timely communication with medical professionals, the right to advocate for the patient, the right to participate in developing treatment plans, and the right to visitation.
Such access also ensures civil rights and individual liberties are not violated.
Establishing Safety Protocols

The safety and wellbeing of residents in long-term facilities is always the top priority. This section makes clear that caregivers must adhere to applicable safety guidelines and protocols similar to facility staff and as promulgated by federal health agencies.
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