As first reported Tuesday, Florida has rescinded its lockdown order for long-term care, including nursing homes and assisted living facilities. But while it may be a move towards expanded visitation, critics say the new guidance still creates confusion and allows facilities to push back.

Mary Daniel, who was a member of Gov. Ron DeSantis’s long-term care task force and helped guide the state to a limited reopening back in September, said the new order is too vague.

She points to one portion in particular:

Every facility shall, at a minimum, maintain visitation and infection control policies in accordance with all state and federal laws and shall continue to monitor all Centers for Medicare and Medicaid Services and Centers for Disease Control and Prevention guidance.

“At a minimum? So, at a maximum they can shut the doors,” Daniel asked?

But, according to the governor, that’s not the state’s intentions. At a news conference Monday, he spoke about the need to facilitate visitation, while also offering up a reason as to why some facilities may still be resisting.

“I think that a lot of them are concerned about being sued,” DeSantis said. “That’s why I said I would put the nursing homes inside the liability bill that they are doing.”

Florida Senate Bill 72 extends liability protections to nursing homes and assisted living facilities, and it could get final approval this week.

When asked for her thoughts on the COVID-19 immunity legislation being brought up in the same conversation as long-term care visitation, Daniel questioned the motives. 

“In terms of mentioning these together and the timing of these being what they are, it absolutely seems to be related,” Daniel said. “And that’s disappointing to me.”