Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
On September 30, 2020, Governor Gretchen Whitmer issued Executive Order 2020-191, maintaining previously enacted infection control protocols in long-term care facilities and protections for its residents and employees. Most notably, a long-term care facility cannot evict or involuntarily discharge a resident for nonpayment or prohibit admission or readmission of a resident based on COVID-19 testing requirements or results. New to the long-term care facility protocols is the reversal of the previous prohibition on communal dining and group activities, although such activities must be limited and remain consistent with specified guidelines. In addition, legal guardians or health proxies of all residents in a facility must be notified within 24 hours of the presence of a confirmed COVID-19 positive employee or resident.
As for employees protections, employees at long-term care facilities or Care and Recovery Centers should remain home or at their place of residence if they test positive for COVID-19 or display one or more of the principal symptoms in compliance with Executive Order 2020-172. Employees who stay home for such reasons cannot be discharged, disciplined, or otherwise retaliated against by their employer.
Executive Order 2020-191 rescinds Executive Order 2020-179, and is effective immediately. A willful violation of this order is a misdemeanor consistent with MCL 10.33 and MCL 30.405(3).