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Since declaring a public health emergency on March 11, Gov. Doug Ducey has issued 19 executive orders, including one yesterday and four more today. Here’s a recap of those that have been issued following our last edition of The Navigator:
Executive Order 2020-21: Prohibiting Small Business Evictions
Halts evictions in the state for small businesses and nonprofits that are unable to pay rent due to financial hardship caused by the COVID-19 pandemic. The order also encourages commercial landlords to defer rent payments for small business tenants facing economic hardship due to COVID-19 and consider waiving all fees and interest associated with late payments. Under the order, evictions will be halted until May 31, 2020.
View the executive order here.
This order builds on previous actions to delay the enforcement of evictions for renters impacted by COVID-19, as well as a recent cooperative agreement with the state’s banks to protect small businesses and families from eviction and foreclosure. Banks have also committed to expediting the application and approval of small business loans as part of the $349 billion Paycheck Protection Program signed into law on March 27. The Arizona Commerce Authority has gathered resources to support businesses and employees. Those impacted by COVID-19 can access information on programs including loans to maintain payroll and disaster assistance loans through the Small Business Administration. More info can be found here.
Executive Order 2020-22: Protection of Vulnerable Residents at Nursing Care Institutions, Residential Care Institutions, ICF-IIDs and DD Medical Group Homes from COVID-19
Requires all staff to use appropriate personal protective equipment (PPE), implementing symptom checks for those entering the facility, offering electronic communication if visitation is restricted and more. The order, which will be in effect throughout the duration of the declared public health emergency, requires that health care institutions comply with all infection control guidance from the CMS and CDC, including:
- Implementing symptom checks for every individual regardless of reason for entering a long-term care facility, including temperature checks. This does not apply to Emergency Medical Service (EMS) workers responding to an urgent or emergent need;
- Ensuring all staff uses appropriate personal protective equipment (PPE) when interacting with residents, to the extent that PPE is available and per CDC guidance on conservation of PPE;
- And ensuring adherence to appropriate hand hygiene protocols as per CDC guidelines.
- Additionally, facilities should separate COVID-19 positive residents and COVID-19 unknown residents from COVID-19 negative residents to avoid transmission of the virus. Under this order, the facilities:
- Should ensure that separate, consistent staffing teams are utilized for each of these different cohorts;
- Must be capable of maintaining strict infection control practices and testing protocols for COVID-19 positives units and facilities; and
- Must develop policies and procedures to facilitate the admission and readmission of residents who are ready for safe discharge from an acute care hospital without the requirement of a negative COVID-19 test result.
Additionally, these health care institutions must report to the Arizona Department of Health Services every week the number of COVID-19 positive residents, the number of transfers to and from an acute hospital, number and type of PPE, and the estimated use of each type of PPE per week. They must also offer an electronic visual form of communication if visitation is restricted.
View the executive order here.
Executive Order 2020-23: Enhanced Surveillance Advisory; COVID-19
Expands reporting requirements on hospitals and health care providers to better track data needed to protect health care workers and patients and help slow the spread of COVID-19. The additional data will include the number of ICU beds and ventilators in use for COVID-19 patients, the number of suspected COVID-19 patients visiting emergency rooms and the estimated amount of PPE used per day, in addition to other items. This is the second executive order the governor has signed regarding coronavirus data tracking.
The order is in effect for 60 days, unless renewed. The measures build upon a previous executive order issued by the Governor that accelerated the tracking of COVID-19 cases.
Under the order, ADHS and local health officials will have increased access to medical records. Additionally, hospitals will report the following to ADHS every day:
- Number of inpatient COVID-19 positive patients or patients with suspected COVID-19;
- Number of ventilators in use by COVID-19 positive patients or patients with suspected COVID-19;
- Number of ICU beds in use by COVID-19 positive patients or patients with suspected COVID-19;
- Number of COVID-19 positive patients or patients with suspected COVID-19 discharged from the facility per day;
- Number of COVID-19 positive patients or patients with suspected COVID-19 seen in the Emergency Department per day;
- Number of intubations performed per day for respiratory distress; and
- Estimated number of N95 masks, surgical masks, face shields and surgical gowns used per day.
The order asserts that ADHS and local health authorities must share personnel, equipment, materials, supplies and other resources to assist in the implementation of this advisory.
View the executive order here.
Executive Order 2020-24: Requirements for Individuals Traveling to Arizona
Increases quarantine guidelines for out-of-state travelers entering Arizona. Under the order, anyone who travels to Arizona from New York, New Jersey and Connecticut (or any area with substantial community spread) through any airport in the state must isolate or quarantine themselves upon arrival for 14 days.
The order will remain in effect throughout the state’s declared public health emergency. Under the order:
The Arizona Department of Health Services shall coordinate with each aviation and airport authority in Arizona to effectuate the isolation or self-quarantine;
- Pursuant to A.R.S. § 26-316, all Arizona Peace Officer Standards and Training Board certified law enforcement personnel and all state and local public health personnel shall assist the Arizona Department of Health Services in enforcing the provisions of this order;
- And pursuant to A.R.S. §·26-317, any person who violates the provisions of this order may be charged with a Class 1 misdemeanor and subject to a fine not to exceed $2,500.
The order will not apply to a number of people, including airline employees, military personnel, health care workers, human services personnel, workers conducting essential infrastructure operations, and workers providing essential governmental functions
View the executive order here.
Executive Order 2020-25: Flexible Food Item & Sale of Goods at Restaurants
Allows Arizona restaurants to repackage and sell grocery items they have on hand, including items not normally packaged and labeled for resale. The order comes in the wake of the Food and Drug Administration’s recent decision to provide temporary flexibility for nutrition labeling of packaged food.
Under the order, which will be in effect until further notice:
Restaurants currently licensed or permitted to serve prepared food may sell grocery items including, but not limited to, paper goods, cleaning supplies, prepared food in bulk, meat and vegetables whether or not those items are normally packaged for resale or are raw provided that certain provisions are followed. This order does not permit a restaurant that does not hold a current license from the Arizona Department of Liquor Licensing and Control to sell alcoholic beverages.
View the executive order here.
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