- 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.
- June 12, 2020 Conferences Virtual Ann Arbor Healthcare Compliance Conference
- April 29, 2020 In the News Gregory Moore Appointed Vice Chair - Educational Programming of the Behavioral Health Task Force for the American Health Law Association
- April 29, 2020 Industry Alerts Limitation of Liability During the Coronavirus Pandemic
- April 28, 2020 Industry Alerts $484 Billion Small Business Coronavirus Relief Bill Summary
- April 20, 2020 Media Mentions Kimberly Ruppel Quoted in Part B News Article on Telehealth
- April 17, 2020 Industry Alerts Stark Law and Anti-Kickback Statute Waivers for COVID-19
- April 15, 2020 Industry Alerts CARES Act Increased Funding for the Public Health and Social Services Emergency Fund
- April 9, 2020 In the News C. Timothy Gary Named to National Law Journal’s 2020 Health Care Trailblazers List
- April 08, 2020 Industry Alerts The CARES Act: Changes Specifically Impacting Health Care Providers and Suppliers