Extension of Health Care Facility Visitor Restrictions – Executive Order 2020-37
On April 5, 2020, Governor Whitmer issued Executive Order 2020-37 which extends restrictions on the entry of individuals into health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities. Previously, Executive Order 2020-07 prohibited visitors that were not necessary to the provision of medical care, to support the activities of daily living, or to exercise the power of attorney or court-appointed guardianship for an individual under the facility’s care from these facilities.
Executive Order 2020-07 imposed these restrictions from March 16, 2020 until April 5, 2020. Executive Order 2020-07 required these facilities to perform a health evaluation of all individuals seeking to enter the facility. Executive Order 2020-37 clarifies and extends these restrictions and rescinds Executive Order 2020-07.
Executive Order 2020-37 applies to all health care facilities, residential care facilities, congregate care facilities and juvenile justice facilities. It clarifies that “residential care facilities” includes the following:
- homes for the aged,
- nursing homes,
- adult foster care facilities,
- hospice facilities,
- substance abuse disorder residential facilities,
- independent living facilities, and
- assisted living facilities.
Visitors to these facilities are only allowed if they are necessary for providing medical care, supporting activities of daily living, or exercising the power of attorney or court-appointed guardianship for an individual under the facility’s care. Parents, foster parents, or guardians of an individual under age 21 under the facility’s care may visit the facility. Those visiting a patient in serious or critical condition or in hospice care are permitted, as are those visiting under exigent circumstances or for official governmental functions.
Executive Order 2020-37 requires these facilities to perform a health evaluation of all individuals who seek to enter the facility and are not presently under the care of the facility. Any individual who does not meet the evaluation criteria must be denied entry. In the evaluation, the facility must check for symptoms of a respiratory infection and ask whether the individual has had contact with someone with a confirmed diagnosis of COVID-19 in the last 14 days.
The visitor and evaluation restrictions are in effect until May 3, 2020. Executive Order 2020-37 is available here.
Foster Swift’s health care group is continuing to monitor the rapidly changing health care environment relating to COVID-19. The laws surrounding COVID-19 are constantly changing, please consult with your attorney before taking any action.
Jennifer Van Regenmorter...616.796.2502...jvanregenmorter@fosterswift.com
Categories: Health Care Reform, Hospitals
Jennifer has particular expertise in health law and she represents providers with emphasis in the areas of physicians, hospice, home care and long term care, including one of the country’s largest long-term care organizations. She has a vast array of experience in teaming with providers in the areas of regulatory compliance and contracts.
View All Posts by Author ›
Share
Survivor's Checklist
Due to the shock of the death of a spouse or a loved one, the steps of what needs to be done first can be an overwhelming process for the survivor(s). To aid in the breakdown and to act as a tool amidst the emotional days ahead, estate planning Jonathan "Jay" David has assembled a "Survivor's Checklist" of some of the important things that need to be addressed when a spouse or loved one dies.
Resources and Support for Older Adults Living Alone: A Comprehensive Guide (2024)
Below is a comprehensive guide of resources for older adults living alone, empowering them to thrive independently and access essential services. This guide was created and provided with permission by the National Council on Aging (NCOA).
Resources and Support for Older Adults Living Alone: A Comprehensive Guide (2024) (ncoa.org)
COVID-19 Checklist & Elder Organizer Tool
For adult children responsible for their elderly parents and other senior caretakers concerned about protecting loved ones as the COVID-19 pandemic continues, below is a free downloadable checklist of steps to follow to prepare for any possible COVID-19-related illnesses among the most-vulnerable.
Foster Swift has created a free ‘Elder Organizer’ digital notebook to provide seniors and their caretakers with a toolkit that helps organize doctors’ appointments, medications, and more that can be shared online. The tools below are also available on the Elder Law Resources page.
*For those trying to access these links by smartphone, it is best practice to copy/open the link in a separate tab and download the free Google Sheets app from Google Play or the Apple Store.
Categories
- Health Care Reform
- Medicaid Planning
- Elder Law
- Hospitals
- Medicare/Medicaid
- Estate Planning
- Audits
- Financing Long-term Care
- Did you Know?
- Employment
- Financing
- Alerts and Updates
- Safety
- Dementia & Alzheimer's
- Long-Term Care
- Compliance
- Liability
- Cybersecurity
- Lawsuit
- VA Aid & Attendance
- Medicare
- Startup
- Legislative Updates
- Personal Property Tax
- Digital Assets
- Fraud & Abuse
- News
- HIPAA
- Retirement
- Senior Exploitation & Abuse
- Powers of Attorney
E-book Covers Estate Planning Essentials
Engaging in estate planning, while essential, is often emotional and generates many questions. How do I protect my spouse and my children if something happens to me? What happens if I become disabled before I pass on? Who will take care of my pet after I'm gone? How do I pass my business on to my children? These questions and more are addressed in Jonathan David’s recently updated e-book, “Estate Planning: You Have to Start in Order to Finish.”
Need Help Planning?
For more tools, visit our Elder Law Resource page for additional content. Click here to view/download the Foster Swift estate planning brochure to see what our experienced team of attorneys can do for you.