Randy Susen Visitation Rights Act of 2025
- Bill Number
- H.R. 5314
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-09-11: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2025-09-24T15:02:00Z
AI-Generated Summary
Purpose
The Randy Susen Visitation Rights Act of 2025 aims to ensure that residents of skilled nursing facilities (SNFs) participating in Medicare and Medicaid programs can designate at least one individual for unrestricted visitation. This legislation seeks to protect residents' rights to personal contact by mandating immediate access without facility-imposed limitations, except for the resident's ability to withdraw consent.
Key Provisions
- Amendments to Medicare (Title XVIII): Adds a new requirement under Section 1819(c)(3) of the Social Security Act, compelling SNFs to permit immediate access to a resident by at least one designated individual. Access is not subject to any restrictions beyond the resident's right to deny, withdraw, or change the designation at any time.
- Amendments to Medicaid (Title XIX): Mirrors the Medicare change by updating Section 1919(c)(3) of the Social Security Act with identical language for SNFs under Medicaid.
- Scope: Applies only to facilities certified under these programs, focusing on resident-designated visitors (e.g., family members or friends).
Significant Changes to Existing Law
- Previously, SNF requirements under the Social Security Act emphasized residents' rights to privacy, dignity, and communication but did not explicitly mandate unrestricted access for designated visitors. This bill introduces a new subparagraph (F) in both relevant sections, explicitly prohibiting facilities from imposing any "other restriction or limitation" on such access, strengthening resident autonomy over visitation.
Potential Impacts
- On Citizens: Residents in Medicare- or Medicaid-certified SNFs gain enhanced control over personal interactions, potentially improving emotional well-being and reducing isolation, especially for elderly or disabled individuals. Designated visitors benefit from guaranteed access without needing facility approval.
- On Government Agencies: The Centers for Medicare & Medicaid Services (CMS) may need to update enforcement guidelines, survey processes, and compliance standards for SNFs to monitor adherence, possibly increasing administrative oversight during routine inspections.
- On Facilities: SNFs must adjust policies to allow immediate, unrestricted entry for designated visitors, which could affect daily operations, infection control measures, or staffing during emergencies (e.g., pandemics), though it does not override public health laws.
- International Relations: No direct impacts, as the bill is limited to U.S. domestic health programs.
Main Stakeholders Affected
- Residents of SNFs: Primary beneficiaries, with rights to designate and access visitors.
- Designated Visitors: Family, friends, or others chosen by residents, who gain legal assurance of entry.
- Skilled Nursing Facilities: Operators must comply to maintain program certification and avoid penalties.
- Federal Health Programs: Medicare and Medicaid administrators, including CMS, responsible for implementation and enforcement.
- Advocacy Groups: Organizations focused on elder rights or patient autonomy may influence or monitor the law's rollout.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces resident rights under federal nursing home standards (e.g., aligning with existing protections for dignity and self-determination) and could lead to litigation if facilities challenge enforcement during health crises. It does not alter broader state or federal emergency powers but prioritizes individual consent.
- Constitutional: Supports principles of personal liberty and due process by limiting facility authority over private associations, potentially invoking First Amendment (freedom of association) or Fourteenth Amendment (substantive due process) considerations in disputes.
- Political: Named after an individual (Randy Susen), suggesting a response to specific cases of restricted visitation (e.g., during COVID-19). It reflects bipartisan interest in elder care reforms but may spark debates on balancing resident rights with facility safety protocols. Referred to House committees on Ways and Means and Energy and Commerce for review.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (3)
Rep. Gosar, Paul A. [R-AZ-9], Rep. Self, Keith [R-TX-3], Rep. Bice, Stephanie I. [R-OK-5]
Recent Actions
- 2025-09-11: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-09-11: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-09-11: Introduced in House
- 2025-09-11: Introduced in House
Bill Versions
- Randy Susen Visitation Rights Act of 2025 — issued 2025-09-11 — PDF (3 pages)