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COVID-19: Florida Executive Order on Elective Healthcare Services

By Danielle C. Gordet on March 25, 2020
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In an effort to preserve healthcare resources (e.g., personal protective equipment), limit potential contact with infected individuals, and free up healthcare practitioners to assist with those suffering from COVID-19, elective healthcare services must cease. Specifically, on March 20, 2020, Florida Governor Ron DeSantis issued Executive Order 20-72 (available here), requiring all Florida licensed healthcare practitioners to immediately cease performing elective services in Florida.

A procedure or surgery is prohibited if delaying it does not place the patient’s immediate health at risk and does not worsen a “serious or life-threatening medical condition.” The guidance that follows, which also takes into account guidance provided by the Centers for Medicare & Medicaid Services (available here), is meant to assist you in navigating and complying with this new Executive Order.

Health Care Facilities to which the Executive Order applies:

  • Hospitals
  • Ambulatory Surgical Centers
  • Office Surgery Centers
  • Dental, Orthodontic, and Endodontic Offices
  • All Other Healthcare Practitioners’ Offices

Healthcare practitioners to which the Executive Order applies:

  • All healthcare practitioners licensed in Florida, including dentists

Examples of procedures/surgeries which should not be postponed:

  • Removal of cancerous tumors
  • Neurosurgery
  • Transplants
  • Trauma-related procedures
  • Cardiac procedures for patients with symptoms
  • Limb-threatening vascular surgeries
  • Dental care related to the relief of pain and management of infection

Examples of surgeries which should be postponed:

  • Carpal tunnel releases
  • Colonoscopies
  • Cataract and lens surgeries
  • Endoscopies
  • Non-urgent spine and orthopedic surgeries (e.g., hip or knee replacement, elective spine surgery)
  • Elective angioplasties

Executive Order Expires:

  • On May 8, 2020, unless Executive Order 20-52 (declaring a Florida State of Emergency), is extended

For questions or more information regarding these new and developing requirements and their implications in Florida, please contact any member of the Akerman Healthcare team.

Photo of Danielle C. Gordet Danielle C. Gordet

Danielle Gordet focuses her practice on healthcare, including healthcare compliance, conflicts of interest, scope of practice issues, physician contracting, and regulations. Her ability to identify, investigate, and resolve complex issues in collaboration with healthcare administrators allows her to provide them with effective counsel…

Danielle Gordet focuses her practice on healthcare, including healthcare compliance, conflicts of interest, scope of practice issues, physician contracting, and regulations. Her ability to identify, investigate, and resolve complex issues in collaboration with healthcare administrators allows her to provide them with effective counsel in developing policies and procedures which reduce the risk of inappropriate conduct and prevent non-compliance. She provides expertise on federal and state healthcare statutory and regulatory issues, including adherence to the Stark Law, the Anti-Kickback Statute, and licensure compliance. In addition, Danielle assists manufacturers of U.S. Food and Drug Administration (FDA) regulated products in obtaining necessary FDA clearances for their devices. Danielle works with healthcare administrators on resolving a variety of legal matters, including issues surrounding hospital bylaws, licensure and credentialing, telemedicine, codes of conduct, and Emergency Medical Treatment and Labor Act. On behalf of healthcare providers, she negotiates and drafts contractual agreements including medical directorships, physician employment, clinical trials, and consulting arrangements.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Health Law Rx
  • Organization:
    Akerman LLP
  • Article: View Original Source

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