Health Care Law Blog

Extension of Visitor Restrictions for Health Care and Residential Care Facilities

On July 23, 2020, Governor Whitmer issued Executive Order 2020-156, which extends the current restrictions limiting the visitors allowed at health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities. Executive Order 2020-136 and its predecessors initially imposed these restrictions on visitors permitted to such facilities. Executive Order 2020-156 extends the restrictions through August 31, 2020.

Under the restrictions, a visitor is only permitted to enter a health care facility, residential care facility, congregate care facility, or juvenile justice facility if they are:

• necessary for the provision of medical care;
• necessary for the support of activities of daily living;
• necessary for the exercise of a power of attorney or court-appointed guardianship for an individual under the facility’s care;
• a parent, foster parent, prospective adoptive parent or guardian of an individual under the facility’s care who is 21 years old or younger;
• visiting an individual in serious or critical condition or in hospice care;
• visiting under exigent circumstances; or
• performing official governmental functions.

All individuals permitted to enter must wear a face covering over their nose and mouth when indoors or within six feet of another person. All visitors permitted to enter must be screened with a health evaluation. Any individual who does not meet the evaluation criteria must be denied entry. The evaluation criteria must include symptoms of a respiratory infection, contact in the last 14 days with someone confirmed to have COVID-19, and any other criteria specified by the Director of the Department of Health and Human Services.

The term “residential care facilities” includes but is not limited to: homes for the aged, nursing homes, adult foster care facilities, hospice facilities, substance abuse disorder residential facilities, independent living facilities, and assisted living facilities.

The Executive Order also authorizes the Director of the Department of Health and Human Services to specify exceptions to the visitor prohibitions in order to re-open visitation as circumstances permit.

Contact a member of Foster Swift’s health care group with any questions on the impact of Executive Orders for health care and residential care facilities.

• Jennifer Van Regenmorter; jvanregenmorter@fosterswift.com
• Caroline Renner; crenner@fosterswift.com

While the information in this article is accurate at time of publication, the laws and regulations surrounding COVID-19 are constantly evolving. Please consult your attorney or advisor to make sure you have the most up to date information before taking action.

Categories: Hospice, Hospitals