News and Insights

Visit regularly for up-to-date information on relevant news, firm announcements and additions to our AZ Health Law Blog.

Andres Sanchez
Written by: Andres Sanchez

On April 22, 2020, Governor Ducey issued Executive Order 2020-32 removing current restrictions on conducting elective surgeries, starting on May 1, 2020.  Hospitals, healthcare facilities and providers (including dental surgery providers) may apply for an exemption to resume elective surgeries from the Arizona Department of Health Service (“ADHS”) if they demonstrate they have:

  1. A continuing supply of PPE that will support the hospital, healthcare facility or provider for more than 14 days and that is not reliant on the state or a county health department; and
  2. Adequate staffing and bed availability with no greater than 80% of total bed capacity occupied, if it is a hospital; and
  3. Implementation of  a robust COVID-19 testing plan to test all at-risk healthcare workers and each patient prior to the scheduling of an elective, non-essential surgery or during the pre-operative time period; and
  4. Implementation of a process to identify, inventory and document the availability of PPE, test collection kits, and the availability of a lab that can run the COVID-19 diagnostic test; and
  5. Implementation of a universal symptom screening process for all staff, patients, and visitors prior to entry into the facility; and
  6. Implementation of an enhanced cleaning process for patient and waiting areas; and
  7. Implementation of policies and procedures for appropriate discharge planning of patients, including pre-discharge diagnostic COVID-19 testing for patients transferring to a nursing care institution, residential care institution setting, or Group Home for the Developmentally Disabled; and
  8. Implementation of policies and procedures that prioritize elective, non-essential surgeries based upon urgency following the Centers for Medicaid and Medicare Services (CMS) Adult Elective Surgery and Procedures Recommendations.

ADHS will be implementing a process to request an exemption.  Exempt hospitals, facilities and providers are not eligible to request or receive PPE distributed by ADHS or county health departments.  The Governor’s Executive Order is available: here.