District of Columbia Mayor Extends Public Health Emergency and Updates Health and Safety Directives

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Mayor's Order 2020-063 (the “Order”), which took effect on April 17, 2020, extends the state of emergency and Public Health Emergency related to COVID-19 through May 15, 2020. In addition, the Order introduced several new health and safety directives relating to food sellers, hotels, taxis and ridesharing services, and special care facilities, all as discussed more fully below.

Extension of Stay at Home Order and Public Health Emergency

• The extension of the Public Health Emergency means that residents of the District should remain at home through May 15, 2020 in accordance with Mayor Muriel Bowser’s (the “Mayor”) previous orders. Residents may leave their homes for essential purposes/activities but must adhere to social distancing rules, including the use of face masks. 
• Interested parties, including landlords, tenants, and lenders, should note that as a result of the aforementioned extension, certain protections relating to mortgage foreclosure and evictions continue to apply, specifically those set forth in the District of Columbia COVID-19 Response Emergency Amendment Act of 2020 and its supplement, all of which were previously covered by Seyfarth. 

New Directives Regarding Community Living Facilities

• Owners and operators of community living facilities should pay particular attention to Sections II through VIII of the Order. These sections introduce new requirements regarding the operation of community living residences and facilities that are licensed by the District or that are fully or partially funded by the District, including nursing homes and assisted living facilities, facilities housing individuals with intellectual disabilities, hospice facilities, emergency shelters, psychiatric facilities, and correctional facilities. 
• Employees providing healthcare services within such facilities are now deemed “essential health care providers.” In addition, several new requirements are included within the Order aimed at combating the spread of COVID-19 within such facilities in an effort to protect a particularly vulnerable subset of the community. These new protective measures include, among other things:
  • Prohibiting entry by non-essential employees and visitors
  • Requiring the performance of health screenings, including questionnaires and temperature checks, on all essential entrants into these facilities
  • Restricting and/or cancelling certain group activities and dining services
  • Requiring the implementation of certain employee procedures with respect to social distancing, hygiene, disinfection of high traffic areas, and reporting of COVID-19 symptoms
  • Mandating the establishment of a continuity of operations plan that provides for the continued care or treatment of residents to the extent a significant number of employees are absent from work or the facility itself needs to be evacuated
• The District also anticipates staff shortages at these facilities and residences as the COVID-19 emergency continues. As such, the Department of Health has been directed to adopt emergency rules and procedures to allow for the rapid hiring of temporary workers to alleviate any such shortages.

Health and Safety Requirements for Certain Businesses

The Order also supplemented many of the Mayor’s prior orders by mandating masks or mouth coverings for anyone using taxis or ride-sharing vehicles, and strongly encouraging the same for individuals working in or using public transportation. The Order also mandated that owners of retail food sellers (which excludes restaurants but includes grocery stores, food banks, convenience stores and any other businesses that sell food), hotels, taxis and other ride-sharing companies require employees and independent contractors to wear gloves and masks. The requirement to wear gloves creates additional requirements to train employees in the proper methods to take the gloves on and off to avoid contamination of the hands and other objects. Additionally, all hotels should post signage with instructions for visitors to wear masks, maintain social distancing and not to engage in any unnecessary physical contact.