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States Temporarily Prohibit Involuntary Discharge of Residents from Long-Term Care Facility’s for Non-Payment

May 12 2020

In response to the COVID-19 pandemic, the governors of Illinois and Michigan have issued 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 esaylor@stotlerhayes.com.

Written by Stotler Hayes · Categorized: COVID-19, Illinois, Michigan

Stotler Hayes Group, LLC is a national, boutique law firm focused on optimizing recovery for health care providers through Medicaid, Medicare, private collections, training and education. Our attorneys are licensed in, and represent clients before, federal and state courts and agencies in a majority of states around the country.

In the handful of states where Stotler Hayes Group, LLC does not employ a full-time attorney, referrals are made to local counsel, many of whom we have developed close working relationships with over the years. In those cases, our firm works with local counsel throughout the pendency of the case.

Stotler Hayes Group, LLC,

Principal Office: Pawley’s Island, SC, Phone: 843-235-9871; Fax: 888-497-7390; email: info@stotlerhayes.com

This website is for informational purposes only. Please remember that every case is different. Any result we achieve for one client in one matter does not necessarily indicate similar results can be obtained for other clients.

The attorney responsible for the content of this website is Andrea Kirksey, Esq., Executive Director and General Counsel for Stotler Hayes Group, LLC, 297 Willbrook Boulevard,  Pawley’s Island, South Carolina.

She may be contacted at (843) 235-9871, ext. 1002 or at akirksey@stotlerhayes.com.

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