MI Governor Issues Executive Order to Waive Certain CON Requirements and LARA Licensing Requirements

Michigan Governor, Gretchen Whitmer has issued Executive Order (“EO”) No. 2020-13, in effect until April 14, 2020 at 11:59 p.m. The EO permits the Department of Health and Human Services (“DHHS”) to issue an emergency Certificate of Need (“CON”) to an applicant and defer strict compliance with the procedural requirements for issuance of the CON. DHHS is permitted to issue emergency CONs until the termination of Michigan’s state of emergency, established under EO No. 2020-04.

Additionally, the EO permits the Department of Licensing and Regulatory Affairs (“LARA”) to:

• Waive licensure requirements for any Michigan-licensed hospital in the state for purposes of providing care during the COVID-19 emergency, to construct, acquire or operate a temporary or mobile facility for any healthcare purpose;
• Issue temporary certified nurse aide registrations without the applicant having successfully met applicable examination requirements. The registration will be valid for only 28 days but it may be renewed until the termination of the state of emergency;
• Renew a license for the following professions without the licensee having satisfied continuing education (“CE”) requirements: allopathic physicians, osteopathic physicians, physician’s assistants, genetic counselors, nurses (including RN, LPN, CNM, APRN, NP, and CNP), pharmacists, pharmacy technicians, and respiratory therapists; and
• Recognize hours worked responding to the COVID-19 emergency as hours towards CE requirements.

Lastly, the EO permits non-nursing assistants (e.g., activity coordinators, social workers and volunteers) to help feed or transport patients or residents in a manner consistent with an applicable care plan.

Contact Adrienne Dresevic, Esq. or Abby Pendleton, Esq. at (248) 996-8510 for assistance with CON applications, or licensing matters.