Governor's Executive Order Restricts Nursing Home and Assisted Living Facility Visits
Governor Gretchen Whitmer's March 14, 2020 executive order states:
Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:
1. Effective immediately and continuing through April 5, 2020 at 5:00 pm, all health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities must prohibit from entering their facilities any visitors that: are not necessary for the provision of medical care, the support of activities of daily living, or the exercise of power of attorney or court-appointed guardianship for an individual under the facility’s care; are not a parent, foster parent, or guardian of an individual who is 21 years of age or under and who is under the facility’s care; are not visiting an individual under the facility’s care that is in serious or critical condition or in hospice care; and are not visiting under exigent circumstances or for the purpose of performing official governmental functions.
2. Beginning as soon as possible but no later than March 16, 2020 at 9:00 am, and continuing through April 5, 2020 at 5:00 pm, all health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities must perform a health evaluation of all individuals that are not under the care of the facility each time the individual seeks to enter the facility, and must deny entry to those individuals who do not meet the evaluation criteria. The evaluation criteria must include: symptoms of a respiratory infection, such as fever, cough, shortness of breath, or sore throat; and contact in the last 14 days with someone with a confirmed diagnosis of COVID-19.
3. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order shall constitute a misdemeanor.
Governor Gretchen Whitmer
Executive Order 2020-07 Click here for full text.
Attorney Visits to Nursing Homes - Federal Rule
See latest version of QSO-20-14-NH Revised 03/13/2020 - click here.
Even with the current guidelines and restrictions, under pre-existing and updated Center for Medicare and Medicaid Services rules, attorneys representing residents must be admitted to visit their clients.
QSO-20-14-NH 03/09/2020 (superseded by 03/13/2020 revision, above).
Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in nursing homes (revised)...
(i) The facility must provide immediate access to any resident by - ...
(G) The resident representative.
42 CFR§ 483.5 Resident representative.
Resident representative. For purposes of this subpart, the term resident representative means any of the following:
(1) An individual chosen by the resident in order to support the resident tin decision-making; access medical, social or other personal information of the resident; manage financial matters; or receive notifications;
(2) A person authorized by State of Federal law (including but not limited to agents under power of attorney, representative payees, and other fiduciaries) to act on behalf of the resident in order to support the resident in decision-making; access medical social or other personal information of the resident; manage financial matters; or receive notifications.
(3) Legal representatives used in section 712 of the Older American Act; or
(4) The court-appointed guardian or conservator of a resident.