PolicyBrief
H.R. 5314
119th CongressSep 11th 2025
Randy Susen Visitation Rights Act of 2025
IN COMMITTEE

This Act guarantees skilled nursing facility residents the right to unrestricted visitation by at least one individual they designate.

Glenn Grothman
R

Glenn Grothman

Representative

WI-6

LEGISLATION

Nursing Home Bill Guarantees Residents Unrestricted Access to One Chosen Visitor, Overriding Facility Limits

The newly introduced Randy Susen Visitation Rights Act of 2025 is a short, sharp piece of legislation focused entirely on protecting the rights of people living in skilled nursing facilities (SNFs).

This bill amends Medicare and Medicaid rules (specifically Sections 1819(c)(3) and 1919(c)(3) of the Social Security Act) to mandate that SNFs must allow immediate access to at least one specific person named by the resident. Think of it as a resident’s VIP pass for their chosen loved one. The crucial detail here is that the facility cannot restrict or limit this designated visitor’s access in any way, unless the resident themselves decides to withdraw consent or name someone else. For anyone with a parent or loved one in long-term care, this is a big deal for maintaining those vital personal connections.

The Power of the Designated Visitor

For residents, this bill is all about autonomy. Right now, while facilities have visitation policies, they often retain significant discretion over when and how visits happen. This bill cuts through that bureaucracy for one designated person. If your mom names you as her designated visitor, the facility can’t tell you that visiting hours are over, or that you need to wait for a specific staff member to be present, or that you’re limited to thirty minutes. Your access is guaranteed and immediate, provided your mom still wants you there.

This provision is designed to ensure that residents, particularly those who may be frail or non-verbal, always have a trusted advocate on the inside. It’s the difference between relying on facility staff to relay information and having a family member there to observe care, ask questions, and provide emotional support without having to jump through a facility’s administrative hoops. It ties directly into the resident's right to choose their support system.

Practical Challenges for Facilities

While the benefit to residents is clear, this bill does shift the balance of power within SNFs. For the facilities, this means losing discretion over who has access and when. They must now accommodate this one designated visitor without restriction. The bill is silent on extreme situations where the designated visitor might pose a documented, non-discretionary safety risk to the resident or others. While existing laws cover things like abuse, the current language of the bill emphasizes that the facility cannot impose restrictions unless the resident withdraws consent. Facilities will need clear guidance on how this absolute right interacts with their existing health, safety, and security protocols, especially if the designated visitor is disruptive or fails to follow basic infection control guidelines. However, based on the text, the resident's choice is the primary, almost sole, determining factor.