S704 - COVID-19 Recovery Act. (SL 2020-3)

Overview: Section 3E.3 of S.L. 2020-3 instructs the Division of Health Service Regulation (DHSR), the Department of Health and Human Services, and local departments of social services to suspend all annual inspections, regular monitoring requirements, and adopted rules for licensed facilities for persons with disabilities or substance use disorders, adult care homes, hospitals, health care facilities licensed under Article 6 of Chapter 131E, and hospices. Annual inspections, regular monitoring requirements, or adopted rules deemed necessary by DHSR to avoid serious injury or death, or as directed by CMS, are not suspended. DHSR must review the compliance history of facilities for persons with disabilities or substance use disorders and adult care homes found to be in violation, assessed penalties, or placed on probation within the six month period preceding the beginning of the COVID-19 emergency for noncompliance with rules or CDC guidelines regarding infection control or the proper use of personal protective equipment. Employees of these facilities must undergo immediate training, permissible by video conference, about infection control and the proper use of personal protective equipment.

This section became effective May 4, 2020, and expires 60 days after Executive Order 116 is rescinded or December 31, 2020, whichever is earlier.