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Extension of Visitor Restrictions for Health Care and Residential Care Facilities

Executive OrderOn 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.

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

 has particular expertise in health law and she represents providers with emphasis in the areas of physicians, hospice, home care and long term care, including one of the country’s largest long-term care organizations. She has a vast array of experience in teaming with providers in the areas of regulatory compliance and contracts. 

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Best Lawyers® 2020

Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2020 edition. Firm-wide, 42 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:

To see the full list of Foster Swift attorneys listed in Best Lawyers 2020, click here.