Governor’s Executive Order and DOH Declaration of Public Health Emergency Expire

This weekend, the Governor’s Executive Order declaring a state of emergency due to the COVID-19 pandemic expired. The Governor’s most recent 60-day extension of the original Executive Order 20-52 was April 27, 2021:

This meant that that, unless extended again, the state of emergency was due to expire June 26, 2021. AHCA has confirmed to FSLA that it was not extended again and therefore has expired.

In addition, the Declaration of Public Health Emergency extension issued on June 18, 2021 by Florida Department of Health Surgeon General Scott Rivkees was effective until June 26, which matches up with the expiration of the Governor’s Executive Order.

So, what does all this mean other than we are back to pre-COVID regulations?

• Assisted living providers no longer need to report to ESS
• Assisted living providers are still expected to follow CDC guidance and practice infection control standards. If a resident tests positive for COVID-19, please continue to follow pre-pandemic regulations as well as your policies and procedures for reporting infectious disease to the Department of Health, isolating the resident or discharging if necessary for the safety of the infected resident and other residents and staff.
• Use best judgement in deciding to keep or discharge a COVID-19 positive resident in your community and be prepared, if necessary to discuss your decision with AHCA, who has indicated they will continue to be understanding of such best-judgement decisions. For instance, is the resident asymptomatic, and can the resident be properly isolated until recovered? Or does the resident present a risk to themselves, other residents and staff?
• If your community continues testing for residents and staff, please continue to report the test results to the Department of Health.
• SB72 – Civil Liability for Damages Relating to COVID-19 bill – In order to be protected by SB 72 from COVID-19 lawsuits, health care providers must have “made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance at the time the cause of action accrued” and “authoritative guidance” is defined as “nonbinding instructions or recommendations from a federal, state, or local governmental entity, a clinical professional organization, or another authoritative source of clinical guidance.” 

The National Public Health Emergency Declaration still continues, so please continue to monitor CDC guidance and please review the new OSHA workplace standards that become effective on July 5.