In response to the COVID-19 pandemic, the governors of Illinois and Michigan have issue Executive Orders prohibiting long-term care providers from involuntarily discharging resident’s for non-payment. Other states, such as New York, are under pressure to pass similar prohibitions.

Pursuant to Illinois Executive Order 2020-35, Section 14, the provisions of the Nursing Home Care Act, 210 ILCS 45/3-401(d), MC/DD Act, 210 ILCS 46/3-401, and ID/DD Community Care Act, 210 ILCS 47/3-401, permitting a long-term care facility to initiate an involuntary transfer or discharge of a resident for late payment or nonpayment, is suspended. Full text available here.

Similarly, Michigan Executive Order 2020-50 (COVID-19), Section I (1), provides: “[N]otwithstanding any statute, rule, regulation, or policy to the contrary, a long-term care facility must not effectuate an eviction or involuntary discharge against a resident for nonpayment, nor deny a resident access to the facility, except as otherwise provided in this order. Full text available here. This Order is in effect through May 13, 2020.

A list of Executive Orders can be found here.

Please check with your state government regarding any restrictions on issuance or enforcement of a notice of involuntary discharge. If you have non-paying residents and are operating in a state that has prohibited/restricted involuntary discharges and would like to explore your options, please feel free to contact SHG Partner Erin Saylor at [email protected].

Written by Stotler Hayes • ACHCA Ruby Partner