- The long-term care facility must not condition readmission on forfeiture of any right the resident had before the Emergency Period when a resident was hospitalized or on therapeutic leave.
- If the long-term care facility can meet the medical needs of the resident, has the capacity, and has no other statutory grounds to refuse admission, the long-term care facility must readmit the resident. The Statutory grounds are:
a. Medical reasons;b. The patient’s welfare; andc. The welfare of other patients or employees;
- The long-term care facility must comply with guidance issued by MDHHS on returning residents, which include without limitation screening patients for COVID-19 symptoms (e.g., fever, atypical cough, atypical shortness of breath), checking the residents’ temperature, and, if necessary, isolating those patients that are symptomatic.
Long-term care facilities with a census below 80% are required to create a dedicated unit, either within the facility or, for long-term care facilities with multiple facilities, designating a dedicated facility, for the care of COVID-19 positive residents. The dedicated unit must have sufficient PPE for staff to care for the patients.
Employees who test positive, or are symptomatic for COVID-19, are not permitted to work, and long-term care facilities are not permitted to discharge, discipline, or otherwise retaliate against those employees for staying home.
Cancel all communal dining and internal and external activities during the Emergency Period.
- Ensure all CDC guidelines for cleaning and disinfecting the facility are complied with.2
- To the extent possible, provide employees interacting with residents with PPE and hand sanitizer.
- Inform employees when an affected resident is in the facility no later than 12 hours after identification.
- Keep accurate and current information about the PPE available, including quantity and type, which must be reported upon MDHHS’s request.
- Report all positive or presumed positive cases of COVID-19 to MDHHS as soon as possible, but no later than 24 hours.3
- Trouble breathing;
- Persistent pain or pressure in the chest;
- New confusion or inability to arouse; or
- Bluish lips or face.
- Industry Alerts Limitation of Liability During the Coronavirus Pandemic
- Industry Alerts Governor Whitmer Signs COVID-19 Legislation Applicable to All Employers
- Industry Alerts Michigan Governor Rescinds Some and Extends Other Scope of Practice Rules
- December 03, 2020 In the News Russell Kolsrud Quoted in Law360 on UnitedHealth ERISA Class Action Lawsuit
- November 30, 2020 Webinars Unmasking COVID’s Second Wave: ‘Deals’ in Masks, Gloves, Cleaning and other Solutions Present Contracting, Audit, Regulatory and Enforcement Risks
- November 17, 2020 In the News Chris Ryan Pens Article on Physician Noncompetition Agreements in Michigan for Healthcare Michigan
- August 25, 2020 Industry Alerts The OIG’s FAQs Related to COVID-19
- August 25, 2020 Industry Alerts Update to Summary of Amendments to ACA Rules: Federal Court Blocks Certain Changes
- July 09, 2020 Industry Alerts Summary of Key Changes to Rules Implementing ACA Nondiscrimination Provisions