June 29, 2020
On Friday (June 26), Governor J.B. Pritzker took several actions under the state’s Phase 4 reopening plan:
Issued a new Disaster Proclamation;
Issued Executive Order #43, which essentially enacts the state’s Phase 4 requirements; and
Issued Executive Order #44, which extends many of the existing Executive Orders with the exception of Executive Order #37 (Immunity from civil liability for health care facilities, professionals, and volunteers) (which superseded Executive Order 2020-19 and was previously extended by Executive Order #39) which was allowed to expire effective June 27, 2020.
Although Executive Order #44 extended many of the state waivers under the Hospital Licensing Act for another 30 days, it is our understanding that, assuming the state’s COVID-19 case rate and hospitalization rate remain the same, this will be the last extension of these waivers (except, perhaps the waivers for telehealth and the ability to operate both state and hospital alternative care sites).
Under Executive Order #44, the telehealth services Executive Order #9 was re-issued in its entirety and extended through July 26. All health insurers regulated by the Dept. of Insurance are required to cover telehealth services and reimburse providers at the same rate as in-person visits and are prohibited from imposing any cost-sharing for in-network providers.
With respect to the inter-state reciprocal licensure of healthcare professionals, this waiver/flexibility arises through the Disaster Proclamation and currently runs through Sept. 30. It is our understanding that so long as there is an active Disaster Proclamation, the Dept. of Financial and Professional Regulation has the ability to extend this waiver/flexibility.