Urgent Message from Gov Walz to Minnesota Companies: PPE Inventory Deadline 7 p.m. Today

03/25/2020

On March 23, 2020, Governor Walz signed Executive Order 20-16, which directs non-hospital entities to inventory and preserve vital medical equipment during the COVID-19 peacetime emergency.

All Minnesota businesses, nonprofits, or non-hospital health care facilities who possess personal protective equipment (“PPE”), ventilators, respirators, or anesthesia machines (including any consumable accessories to these devices) that are not required for the provision of critical health care services or essential services must undertake an inventory of such supplies no later than
7:00 p.m. CT on March 25, 2020.

Scope: The inventory order applies all veterinary, dental, construction, or research entities as well as institutions of higher learning and any other entities that possess PPE or other vital medical equipment unless that business produced the equipment for the purposes of sale.  Hospitals, nursing homes, and entities that currently provide inventory information into the MnTrac system are exempt.

Submission: Entities can submit their inventories online at: https://mn.gov/ppe

Restriction on Use: Exec. Order 20-16 also directed all entities currently in possession of consumable medical equipment that is NOT currently needed or being used for the provision of critical health care services or essential services to refrain from using the PPE and other vital medical equipment.  These entities must either donate it to a local coordinating entity or prepare for the possibility of being asked to donate or sell it for use by critical health care workers.

Additional guidance can be found here: https://mn.gov/mmb-stat/results-first/ppe-inventory-faq-20-03-24.pdf

Key Issues to Consider 

Hospitals and other health care providers continue to struggle to secure the vital medical equipment necessary to keep health care workers safe while treating individuals suffering from COVID-19.  Executive Order 20-16 follows on the heels of E.C. 20-09 which directed health care providers to stop all non-emergency surgeries and procedures in an effort to preserve PPE.  However, the inventory requirement extends beyond the health care industry.  What’s more, the restriction on use of PPE for purposes other than providing critical health care services or essential services impacts all Minnesota businesses. 

When determining whether you and your business are providing “essential services” for the purposes of Executive Order 20-16, you should consult guidance materials provided by the Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (CISA).  Those materials can be found here.

For more information on the Executive Order contact:

Matthew Bergeron 
Attorney 
952-896-3203

mbergeron@larkinhoffman.com

Find a full copy of Executive Order 20-16 here

We Can Help

Every individual and company is managing issues arising from COVID-19. The Larkin Hoffman Government Relations team is engaged daily with key state government decision makers to gain assistance and remove barriers critical to our clients ongoing operations, and perhaps even their survival. We are available to assist you on issues ranging from influencing the governor’s Executive Orders to requesting waivers from state government requirements to revising legislative proposals that will become law.