Maryland’s Governor, Larry Hogan, has issued new emergency measures to combat COVID-19 in nursing homes: “Effective immediately, new directives will require facilities to direct all staff who interact with residents to wear personal protective equipment, create separate observation and isolation areas for residents, and expedite all testing through the Maryland State Public Health Laboratory.”
The emergency order requires the following with regard to Maryland nursing homes:
PERSONAL PROTECTIVE EQUIPMENT FOR STAFF. All personnel who are in close contact with residents of nursing homes shall wear personal protective equipment (PPE), including a face mask, appropriate eye protection, gloves, and gown. The PPE should be worn at all times while providing care to residents in the facility and personnel should follow CDC guidance for using personal protective equipment. Facilities must use the process established by MDH to request PPE from the state.
EXPEDITED TESTING FOR SYMPTOMATIC RESIDENTS. All facilities must use the most expeditious means available for testing. This includes using either a COVID-19 test kit provided by the state laboratory or another lab to send specimens to the state laboratory for expedited COVID-19 testing of residents and staff. Symptomatic residents of nursing homes and long-term care facilities are among the patient groups prioritized by the state laboratory, alongside hospitalized patients and symptomatic health care providers and first responders.
SEPARATE OBSERVATION AREAS. All facilities must designate a unit of staff who are assigned to care for known or suspected COVID-19 residents; designate a room, unit, or floor of the nursing home as a separate observation area where newly admitted and readmitted residents are kept for 14 days on contact and droplet precautions while being observed every shift for signs and symptoms of COVID-19; and designate a room, unit, or floor of the nursing home to care for residents with known or suspected COVID-19.
PLACEMENT OF DISCHARGED PATIENTS. MDH’s Office of Health Care Quality will assist acute care hospitals, if necessary, in discharging patients who require nursing-home level care. Facilities must cooperate with the Office of Health Care Quality and hospitals in the placement of discharged patients.
RIGHT OF RETURN FOR RESIDENTS. Nursing home residents admitted or seen at a hospital for COVID-19 must be allowed to return to the nursing home as long as the facility can follow the approved CDC recommendations for transmission-based precautions. If the residents must temporarily go to other facilities, every effort must be made by the receiving and original nursing homes to transfer the residents back to their original nursing homes as soon as possible.
The emergency order makes compliance with the directives mandatory: “Anyone who knowingly and willfully violates this order is guilty of a misdemeanor and upon conviction is subject to imprisonment not exceeding one year, or a fine not exceeding $5,000—or both.”
If you or a loved one may have a COVID-19 medical malpractice claim in Maryland or elsewhere in the United States, you should promptly contact a Maryland COVID-19 medical malpractice lawyer, or a COVID-19 medical malpractice lawyer in your state, who may investigate your COVID-19 malpractice claim for you and represent you and/or your loved one in a COVID-19 medical malpractice case, if appropriate.
Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find COVID-19 claim attorneys in your U.S. state who may assist you.
Turn to us when you don’t know where to turn.