While there had been some doubt whether Kentucky’s various COVID-19 reopening “requirements” and “guidelines” had the force of law, the state largely removed that doubt today through an Order confirming that these releases are mandatory.

The Secretary of Kentucky’s Cabinet for Health and Family Services’ Order describes the previously published Minimum Requirements for All Entities, and the various industry- and sector-specific requirements, as “directives.” The Order asserts Governor Beshear has designated the Cabinet’s Secretary to deliver these directives and that all entities must comply with the directives as a condition of reopening (or remaining open). 

The Order incorporates a somewhat modified version of most recent previous version of the Minimum Requirements for All Entities. The key takeaway is that you now have little ground to argue the directives are not mandatory. For this reason, you should follow them without exception, including ensuring you are complying with some meaningful changes to the requirements.