US SB3492

Requires skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to allow residents to designate at least one "essential caregiver" who must be granted access even during emergency periods when regular visitation is restricted by government order

Facilities may deny essential caregiver access for a maximum of 7 days at the start of an emergency period, extendable to 14 days only with state health department approval; access must always be permitted for residents in end-of-life care or decline/distress

Essential caregivers must agree to follow facility safety protocols no more restrictive than those required of staff; facilities must provide written warnings before denying access for non-compliance and give 24-hour written explanations for any denial

Establishes an appeals process through State survey agencies, requiring investigations to begin within 2 business days and determinations within 48 hours; facilities bear the burden of proof when defending access denials

Violations may result in civil penalties up to $5,000 if facilities fail to implement corrective action plans within 7 days; amendments take effect 2 years after enactment