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Executive Decree 2021-15: Nursing Home Workforce Stabilization Council



Executive Decree 2021-15: Nursing Home Workforce Stabilization Council


N ° 2021-15

Nursing Home Workforce Stabilization Council

Governor’s Executive Office

The COVID-19 pandemic poses a particularly serious threat to the health and safety of residents and workers of nursing homes. Throughout the COVID-19 pandemic, the state of Michigan has prioritized actions that protect the most vulnerable Michiganders. To provide essential protections to residents and staff of long-term care facilities, my administration has implemented various strategies in the areas of infection control, diagnostic testing, vaccination, collection and communication. data and emergency personnel response. Healthcare professionals administered the highly effective vaccine to 44,000 current residents of nursing homes, adult homes and homes for the aged who are fully immunized and provided 19,500 residents with booster doses. The state has also supported the distribution of nearly 1.6 million tests to reduce the spread of COVID-19 in long-term care facilities.

The COVID-19 pandemic has also exposed gaps in our healthcare system that have existed for years and exacerbated staff shortages in Michigan’s nursing home sector. The Michigan Nursing Home COVID-19 Preparedness Task Force established by Executive Order 2020-135 recognized the critical role of adequate staff in long-term care facilities and identified challenges in long-term care. staff as a priority area for the future. The Nursing Home Workforce Stabilization Council will build on the work of the task force and focus on policies and recommendations aimed at attracting talent and building a sustainable workforce in the long-term care facilities. Michigan must work to build a strong long-term care system that protects nursing home residents, provides quality jobs, and advances racial and gender equity.

The nursing home industry operates within a complicated regulatory environment and is governed by several entities within state and federal governments, including the Centers for Medicare and Medicaid Services (CMS), which ensure that providers are eligible for the reimbursement of Medicaid and Medicare. Within the state government, several departments affect the nursing home industry, which is regulated by the Department of Licensing and Regulatory Affairs, with funding administered by the Department of Health and Human Services, workforce development information available through the Ministry of Labor and Economic Opportunities, and oversight by the state long-term care ombudsman. Forming an advisory council, made up of employees, employers, state government officials, nursing home residents and the public will provide valuable advice and recommendations, informed by an understanding of this complicated framework, to ensure Michigan has the tools to support quality care. and the stabilization of the nursing home workforce across the state.

Section 1 of Section 5 of the Michigan Constitution of 1963 grants the executive power of the State of Michigan to the Governor.

Section 8 of Article 5 of the Michigan Constitution of 1963 obliges the governor to ensure that laws are faithfully carried out.

Acting in accordance with the Michigan Constitution of 1963 and the law of Michigan, I order that:

  1. Creation of the Nursing Home Workforce Stabilization Council
    1. The Nursing Home Workforce Stabilization Council (“Council”) is established as an advisory body within the Ministry of Health and Human Services (“Department”).
    2. The Council shall include the following representatives of the executive branch of state government, who shall take all appropriate measures to support the objectives of this Order:
      1. The department director, or his designated representative within the department.
      2. The director of the Ministry of Labor and Economic Opportunities, or his designated representative within this ministry.
      3. The Director of the Department of Licensing and Regulatory Affairs, or his designated representative within that department.
      4. Michigan State Long-Term Care Ombudsman or designated Ombudsman representative within this program.
    3. The Council shall include the following members appointed by the Governor:
      1. Five representatives of nursing home staff.
      2. Five representatives of nursing home employers, including:
        1. At least one representative of an employer from a non-profit nursing home;
        2. At least one representative of a for-profit nursing home employer; and
        3. At least one representative from a nursing home administered by a county government.
      3. Three representatives of the residents of the retirement homes, which may include family members and other representatives of the residents.
  2. Charge to the Council
    1. The Council must act in an advisory capacity to the governor and the director of the Department.
    2. The Council is responsible for reviewing, developing and recommending policies, administrative measures, legislative changes and other approaches to support quality care in nursing homes. The following objectives should guide the recommendations of the Council:
      1. Increase staffing levels across the industry, with particular emphasis on recruitment and retention;
      2. Support the development and stabilization of the workforce;
      3. Develop career paths, including obtaining diplomas, and increasing the professionalization of the workforce;
      4. Address barriers to entry and retention in the field;
      5. Prioritize jobs that offer living wages and benefits;
      6. Promote diversity, equity and inclusion in the workforce;
      7. Ensure the sustainability of quality care; and
      8. Promote transparency and accountability within the industry.
    3. Provide other information or advice or take other action at the request of the Governor.
    4. The Council must submit a final report or consensus recommendations to the governor by December 1, 2023.
    5. The Council will dissolve on December 1, 2023, or at such other time as the Governor indicates by means of an amendment to this Order.
  3. Functioning of the Board
    1. The Department is responsible for assisting the Council in carrying out its functions and providing staff to staff the Council. The budgeting, procurement and related management functions of the Council will be carried out under the direction and supervision of the Director of the Department.
    2. The department director, or his representative, will chair the council.
    3. The Board must adopt procedures, in accordance with this decree and the applicable law, governing its organization and operation.
    4. The Council must meet when convened by its president and in accordance with the contrary provisions of the procedures adopted by the Council.
    5. The Board must comply with the Freedom of Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.
    6. A majority of the members of the Council constitutes a quorum for the conduct of the business of the Council. The Council must act by a majority of the votes of its members in office.
    7. The Council may establish advisory working groups composed of persons or entities involved in the activities of the Council, including other members of the public as deemed necessary by the Council, to assist it in carrying out its functions and responsibilities. The Council may adopt, reject or modify any recommendation proposed by an advisory working group.
    8. The Council may, from time to time, conduct inquiries, studies and inquiries, hold hearings and receive comments from the public. The Council may also consult external experts to perform its tasks, including experts from the private sector, trade unions and government agencies, as well as from higher education institutions.
    9. The Council may accept donations of manpower, services or other things of value from any agency or person, public or private. All donations must be received and used in accordance with the law.
    10. Board members should not receive additional compensation for their participation in the Board. Members of the Board may be reimbursed for travel expenses and necessary expenses in accordance with applicable laws, rules and procedures, subject to available funds.
    11. Council members should refer all legal, legislative and media contacts to the Department.
  4. Implementation
    1. All departments, committees, commissioners or officers of that State shall provide the Council with all necessary assistance required by the Council in the exercise of the functions of the Council to the extent that this is compatible with their functions and compatible with this Order and applicable law. Open access shall also be granted to any books, records or documents in their custody relating to matters falling within the scope of the Council’s investigation, study or review, in accordance with applicable law.
    2. This order is not intended to mitigate any proceeding brought by, against or before any agent or entity affected by this order. Proceedings may be brought by, against or before the successor of any officer or entity affected by this order.
    3. Nothing in this order should be interpreted as modifying the organization of the executive branch of state government or the distribution of functions among its units in a manner requiring the force of law.
    4. If any part of this order is found to be unenforceable, the unenforceable provision will be disregarded and the remainder of the order will remain in effect as issued.
    5. Executive Decree 2021-4 is amended to delete the expression “December 31, 2021” in article 5 (e) and replace it with “December 31, 2022”.
    6. Executive Decree 2019-9, article 3 (d), is repealed.
    7. This ordinance is effective as soon as it is filed.

OÉ 2021-15