COVID-19 Emergency Update: Texas Governor Prohibits Elective Surgeries and Suspends Hospital Capacity Limits

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On March 22, 2020 Texas Governor Greg Abbott issued an executive order prohibiting all surgeries and procedures that are “not immediately medically necessary to correct a serious medical condition of, or to preserve the life of, a patient” who would be at risk for serious adverse medical consequences or death without the immediate performance of the surgery or procedure. The determination is to be made by the patient’s physician. Procedures that would not deplete hospital capacity or supplies of personal protective equipment are allowed.

The order also suspended provisions in the Texas Administrative Code that would allow hospitals to increase capacity in their facilities and suspends other licensing requirements in the event of surge needs for hospital capacity due to COVID-19.

This executive order is effective until 11:59 p.m. on April 21, 2020, unless amended by the governor.

Executive Order GA-09

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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