Governor Cooper Issues Executive Order No. 139

Regulatory Flexibility for Health and Human Services Needs

On May 12, 2020 Governor Cooper signed Executive Order 139, which provides regulatory flexibility for health and human services’ needs in the following areas: 

• Waiving or modifying enforcement regulations pertaining to: 
  • Hospice inpatient and hospice agency care;
  • Adult care home care;
  • Continuing, retirement care;
  • Home care and home health agency care;
  • Hospital care;
  • Nursing home facility care;
  • Ambulatory surgical facility care;
  • Agency and health care facility care by health care personnel, including but not limited to nurse aides and medication aides; and
  • Emergency medical services.
• Waiving or modifying enforcement of legal or regulatory constraints that could potentially increase the spread of COVID-19 in health care facilities, to include but not limited to: 
  • Requirements for visitation in nursing homes; 
  • Requirements for visitation in adult care homes and family care homes; and,
  • Requirements for visitation in 24-hour care facilities for mental health, developmental disabilities, and substance abuse; and d. Requirements for visitation in other health care facilities.
• Waiving or modifying enforcement of any Division of Health Benefits regulatory constraints that would prevent, delay, or impair Medicaid eligibility application processing for initial applications and redeterminations. 

This Order goes into effect immediately, although subsection provisions have different sunset dates.