PUBLIC POLICY
The Effort to Get Heroes The Protection They Need
By Daniel Samson
During the COVID-19 pandemic, senior living providers have experienced grief, collaborated in heroic efforts, and been challenged continually to ensure safety and health for all in their communities. Two sig- nificant difficulties are navigating the often confusing and conflicting guidance issued by regulators and finding urgently needed additional critical care equipment, protec- tive gear, and testing supplies to protect direct-care staff and residents. As direct-care staff—the heroes of this pandemic—continue to serve our nation’s seniors on the front lines of this crisis, Ar- gentum has been working extensively at the federal and state levels to provide protections of all kinds: physical, economic, and legal. Argentum’s top priority throughout the pandemic has been supporting our commu- nities, residents, and staff with the resources they need. But this has not been easy, given the nationwide shortage of critical care equipment, and health care access. With resources stretched thin, we’ve grown con- cerned for what this could mean for staff and residents who suffer negative outcomes.
Protecting health care workers Many lawmakers quickly enacted measures to protect health care workers, and Argen- tum led the effort to include senior living in these protections. At the federal level, Argentum and the
American Seniors Housing Association (ASHA) sent a joint letter to U.S. Depart- ment of Health and Human Services Secre- tary Alex Azar requesting that senior living be included in the federal Public Readiness and Emergency Preparedness (PREP) Act, shielding them from COVID-19-related legal liabilities.
50 SENIOR LIVING EXECUTIVE MAY/JUNE 2020 Additionally, we’ve continued to press
Congress for expanded legislative protec- tions under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provides liability protections for volunteer health professionals. Combining forces with other industry
associations, Argentum embarked on an ambitious 50-state initiative, engaging with senior living legal experts to protect provid- ers and staff through executive orders or legislation. Our team helped review, draft, and amend liability protections by turning to our model executive order, which can be tailored to each state’s needs and includes clear guidelines governors and state policy- makers may adopt to cover operators and staff.
Include senior living Protections some states offered did not nec- essarily include senior living communities. Our efforts in several states, including New York, Illinois, and Connecticut, are aimed at correcting these omissions by providing clear language and emphasizing urgent need. Other states turned to our model and adopted clear protections for all senior living communities and staff. Several states have reported success sto-
ries as a result of these efforts. Among them: • Arizona Gov. Doug Ducey issued a “Good Samaritan” order protecting direct care workers responding to the COIVD-19 outbreak to include senior living.
• Georgia Gov. Brian Kemp signed Ex- ecutive Order 04.14.20.01 to designate health care institutions and medical fa- cility personnel as auxiliary emergency management workers, providing senior living communities and staff with liabil- ity protections.
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• Massachusetts Gov. Charlie Baker led efforts to adopt protections in line with our requests by offering legislation that was quickly passed and signed. The statute provides protection to include assisted living residences from lawsuits and civil liability related to COVID-19. Gov. Baker also issued a directive citing assisted living as a covered entity under the federal PREP Act and to be immune from suit or civil liability.
• In New Jersey, Gov. Phil Murphy grant- ed all health care professionals and health care facilities licensed in the state of New Jersey immunity from civil liability as a result of good-faith actions in support of the state’s COVID-19 response.
• In Wisconsin, Gov. Tony Evers signed AB 1038, passed unanimously by the Senate and by a 97-2 vote in the Assembly. The act, which specifies that any health care professional or provider is protected from civil liability for the death of or injury in response to the COVID-19 outbreak, includes assisted living communities. The efforts Argentum, our state partners,
and other industry stakeholders are taking now will be critical to our industry’s future and to the future of generations to come. Direct care staff are going above and
beyond to care for our nation’s most vul- nerable. While operators have helped sup- port these workers financially and in other ways—such as helping with childcare for those facing unexpected school and day- care closures—among the most important measures we can take now is to protect them and communities from errant lawsuits that could threaten care for millions. With the rise of the baby boomers and an
exponentially growing need for senior care, now is the time to protect this care.
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