Executive Order 2020-07: Proactive Measures to Protect Against COVID-19 (Governor Douglas A. Ducey, State of Arizona)

Summary

Arizona Governor Douglas A. Ducey's Executive Order 2020-07, Proactive Measures to Protect Against COVID-19, was done at the Capitol in Phoenix on March 11, 2020, when the order counts 9 diagnosed cases in Arizona. It directs the Department of Health Services to issue emergency rules for skilled nursing, intermediate care and assisted living facilities on screening before entry, disinfection and distancing of symptomatic patients. With the Department of Insurance, the department must require state-regulated insurers to cover COVID-19 diagnostic testing from all qualified laboratories regardless of network, waive cost-sharing for that testing and cover telemedicine at lower cost-sharing than in-office visits. Regulators must act against price gouging, and the order expires when the emergency declaration ends.

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GOVERNOR DOUGLAS A. DUCEY

STATE OF ARIZONA

Executive Order 2020-07

Proactive Measures to Protect Against COVID-19

WHEREAS, on J anuary 31, 2020, Secretary Alex Azar of the United States Department of Health
and Human Services, declared a public health emergency to address the 2019 novel coronavirus
(COVID-19); and

WHEREAS, on March 11, 2020, I, as Governor of the State of Arizona, issued a declaration of
Public Health Emergency due to the necessity to prepare for, prevent, respond to, and mitigate the
spread of COVID-19; and

WHEREAS, as of March 11, 2020, there have been 9 diagnosed cases of COVID-19 in Arizona
including cases of community spread, and it is likely that there will continue to be additional cases
diagnosed; and

WHEREAS, COVID-19 is contagious and can be fatal; and

WHEREAS, the elderly population and those with serious underlying health conditions are most
at risk from COVID-19; and

WHEREAS, it is important to institute enhanced protections at facilities that treat and house
populations most at risk if they contract COVID-19; and -

WHEREAS, it is necessary that all Arizonans who need to be tested for COVID-19 have access
to testing that is covered by their healthcare insurance and that both providers and consumers are
not subject to price gouging as it relates to COVID-19 diagnosis and treatment related services;
and

WHEREAS, visits by telemedicine can reduce the spread of disease by allowing potentially
contagious patients to see a doctor without visiting an office, clinic, urgent care center or hospital
where other individuals could be exposed.
NOW THEREFORE I, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the
authority vested in me by the Constitution and laws of this state hereby order as follows:

1. The Department of Health Services shall issue emergency rules for skilled nursing facilities,
intermediate care facilities and assisted living facilities to implement visitor policies designed to
prevent the spread of COVID-19 including:

a. Instituting policies to require screening and triage before entry by staff, visitors, vendors,
and contractors;

b. Establishing disinfectant schedules for frequently touched surfaces; and

c. Establishing policies of distancing patients who exhibit symptoms of COVID-19 from
other patients in common areas.

2. The Department of Health Services in conjunction with the Department of Insurance shall
require that all insurers regulated by the State cover COVID-19 diagnostic testing from all
qualified laboratories without regard to whether the laboratory is in-network.

3. The Department of Health Services in conjunction with the Department of Insurance shall
require that all insurers regulated by the State waive all cost-sharing requirements for consumers
related to COVID-19 diagnostic testing.

4. The Department of Health Services in conjunction with the Department of Insurance shall
require that all insurers regulated by the State cover telemedicine visits at a lower cost-sharing
point for consumers than the same in-office service to encourage utilization of telemedicine for
the duration of the state’s public health emergency.

5. | The Department of Health Services and all Arizona health regulatory boards shall prohibit,
investigate, and take action against any licensed health professional or healthcare institution that
engages in price gouging in relation to COVID-19 diagnosis and treatment-related services. In this
context, price gouging is defined as the provider or institution charging a grossly higher price than
that which was charged before the onset of the emergency.

6. | The Attorney General shall investigate and vigorously prosecute complaints of consumer
fraud in relation to COVID-19 diagnosis and treatment-related services under the consumer
protection laws.

7. This executive order shall expire upon the termination of the Declaration of Public Health
Emergency related to COVID-19 and dated March 11, 2020.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal |
of the State of Arizona.

IN WITNESS WHEREOF, | have hereunto set
my hand and caused to be affixed the Great Seal
of the State of Arizona.

ATTEST:

GOVERNOR

DONE at the Capitol in Phoenix on this 11th
day of March in the Year Two Thousand
Twenty and of the Independence of the United
States of America the Year Two Hundred and
Forty-Fourth, =~

ATTEST: 3

Secretary of State

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