Michigan Governor Issues Executive Order 2020-13 to Enhance Operational Capacity and Efficiency of Health Care Facilities

On March 17, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-13 (COVID-19) (“E.O. 2020-13”) designed to enhance the operational capacity and efficiency of health care facilities in response to the COVID-19 public health emergency. Executive Order 2020-13 contains the following six directives:

1. Waiver of CON Requirements. Effective now through 4/14/2020, the Michigan Department of Health and Human Services (“DHHS”) may issue emergency certificates of need (“CON”). DHHS will defer strict compliance with procedural requirements that otherwise apply to emergency CON applications until termination of the current state of emergency.
2. Waiver of Hospital License Requirements. Effective now through 4/14/2020, the Department of Licensing and Regulatory Affairs (“LARA”) may waive hospital license requirements under the emergency license waiver provisions of MCL § 333.21564 to permit a hospital to provide care during the COVID-19 emergency, or to construct, acquire, or operate a temporary or mobile facility for any health care purpose. This E.O. removes the location and bed number requirements that usually apply to emergency license waivers under MCL § 333.21564.
3. Temporary CNA Registration Without Examination. Effective now through 4/14/2020, LARA may issue temporary certified nurse aide (“CNA”) registrations regardless of whether an individual has passed the certification examination. Such temporary registrations are valid for 28 days, and may be renewed by LARA until termination of the current state of emergency.
4. Waiver of Continuing Education Requirements. Effective now through 4/14/2020, LARA may renew licenses for physicians (MD and DO), nurses, pharmacists and respiratory therapists   regardless of whether the licensee has satisfied continuing education requirements applicable to their license.
5. Credit for Continuing Education Requirements. Effective now through 4/14/2020, LARA may recognize hours worked responding to the COVID-19 emergency towards continuing education hours required for licensure.
6. Supplemental Nursing Care Staff. Effective now through 4/14/2020, LARA may allow a non-nursing assistant (e.g. activities staff, social worker, volunteer) to help feed or transport a patient or resident in a manner consistent with the patient’s or resident’s care plan.

Click here for full text of Executive Order 2020-13.