Governor Whitmer Issues Executive Order Impacting Immunity for Health Care Providers and Addresses Other Regulatory Changes
Today Governor Whitmer issued Executive Order 2020-150, which rescinded Executive Order 2020-61. A provision in EC 2020-61 granted civil immunity to health care professionals and health care facilities (including nursing facilities) providing medical services in support of the state's response to the COVID-19 pandemic. This provision was not included in EO 2020-150, and therefore it has been rescinded - health care facilities no longer have immunity at this time.
In a Zoom meeting with Governor Whitmer's chief of staff this afternoon, HCAM communicated that immunity protection is absolutely critical for our facilities as they meet challenges of the pandemic during the state of emergency. Advocacy is already underway with the legislature, administration, and the Michigan Department of Health and Human Services to reinstate this protection for our facilities operating under extraordinary circumstances beyond their control due to the pandemic. We are also working with the Michigan Health and Hospital Association to address this issue.
We will also continue our advocacy in support of SB 899, which codifies the immunity language previously contained in EO 2020-61. The legislation has passed the State Senate and is currently before the House Judiciary Committee.
EO 2020-150 also scales back the suspension of scope of practice laws for front line health care workers while continuing suspension of certain licensing and certification requirements for health care professionals, life support and first aid workers, and 911 operators.
EO 2020-61 previously provided expansions of scope of practice laws for licensed healthcare professionals.
In addition, Executive Order 2020-150 also allows temporary suspension of any law or regulation that requires a health care professional to take an exam, be fingerprinted or take part in continuing education as a condition of obtaining or renewing a license, certification, or registration.
Professional certifications for individuals in basic life support, advanced cardiac life support and first aid will remain in effect during the current emergency declaration, even if they would otherwise be set to expire.
These provisions remain in effect until the conclusion of the state of emergency.
Governor Whitmer Extends Restrictions
This afternoon, Governor Whitmer issued Executive Order 2020-148, which rescinds Executive Order 2020-123 and extends the orders through August 10, 2020. EO 2020-148 included provisions requiring:
- Maintain cancellation of all communal dining and internal & external group activities
- Except as otherwise provided by an advance directive, a long term care facility must transfer a COVID-19 affected resident who is medically unstable to a hospital for evaluation
- A nursing home must make all reasonable efforts to create a unit dedicated to the care & isolation of COVID-19 affected residents ("dedicated unit")
- Requires appropriate PPE and the ability to adhere to infection control procedures
- If a long term care facility has a dedicated unit, the facility must transfer COVID-19 affected residents to its dedicated unit
- If a long term care facility does not have a dedicated unit, it must attempt to transfer the COVID-19 affected resident to a Regional Hub, an alternate care facility or an available swing bed at a hospital
Notice of Non-Compliance Related to Annual Payment Update
The Center for Medicare & Medicaid Services (CMS) is providing notifications to facilities that were determined to be out of compliance with Quality Reporting Program (QRP) requirements for CY 2019, which will affect their FY 2021 Annual Payment Update (APU). Non-compliance notifications are being distributed by the Medicare Administrative Contractors (MACs) and can be found in in facilities' CASPER folders in QIES. The CMS letter is the facilities official notice of non-compliance. Facilities that receive a letter of non-compliance may submit a request for reconsideration to CMS via email no later than 11:59 pm, August 18, 2020.
If you receive a notice of non-compliance and would like to request a reconsideration, see the instructions in your notice of non-compliance and on the SNF Quality Reporting Reconsideration and Exception & Extension webpage.
For questions or concerns please contact Cathy Sunlin at CathySunlin@HCAM.org.
July 13, 2020