Gavin Howe
The Michigan Department of Health and Human Services (MDHHS) does not have the authority to create laws, but it does have the power to enforce them. The MDHHS works to ensure that laws and regulations are followed and that public health is protected. For example, the MDHHS has issued emergency orders during the COVID-19 pandemic, such as requiring face coverings and restricting gathering sizes. The department also supports a continuum of prevention services and provides consent forms for individuals to control the sharing of their health information. Furthermore, the MDHHS collaborates with other organizations to implement and enforce gun safety laws, aiming to prevent unintentional deaths and injuries, especially among children and adolescents.
| Characteristics | Values |
|---|---|
| MDHHS Order | Requires residential care facilities to prohibit visitors that are not necessary for medical care or support |
| Allows outdoor visits if the facility has had no new COVID-19 cases | |
| Requires facilities to keep accurate data on PPE and report COVID-19 cases | |
| Requires gun safety kits and secure storage of firearms |
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What You'll Learn
MDHHS gun safety laws
The Michigan Department of Health and Human Services (MDHHS) has implemented several gun safety laws to protect Michigan families, particularly children, from the tragedies of gun violence and unintentional firearm injuries. These laws are designed to reduce the number of deaths and injuries caused by firearms, especially among children and adolescents.
One of the key MDHHS gun safety laws is the secure storage law, Public Act 17 of 2023. This law requires individuals to keep stored or unattended firearms unloaded and locked with a locking device or stored in a locked box or container. This is to ensure that firearms are not easily accessible to children or unauthorised persons. The law also mandates that federally licensed firearms dealers communicate the new requirements to their customers and provide safety information on the use and storage of firearms.
To support this law, MDHHS has made gun safety kits and gun locks available for free through Project ChildSafe law enforcement partners and Michigan State Police. These kits and locks help defray the cost of purchasing firearm safety devices, which are now exempt from sales and use taxes until December 24, 2024. MDHHS staff who make home visits can also access gun locks if a client requests one.
Additionally, MDHHS has expanded universal background checks to all firearms and has implemented legislation that allows judges to order law enforcement to temporarily confiscate firearms from individuals deemed a risk to themselves or others. These additional measures aim to close loopholes in the law and enhance gun safety in Michigan.
By enforcing these gun safety laws, MDHHS aims to prevent unintentional deaths and injuries involving firearms, especially among children and adolescents. The laws prioritise safety and responsibility in Michigan households, contributing to a comprehensive approach to reducing firearm-related injuries and fatalities.
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MDHHS emergency orders
On October 6, 2020, the Michigan Department of Health and Human Services (MDHHS) issued an emergency order, which retained many of the same requirements that applied to residential care facilities under the previously issued executive orders. This was in response to the Michigan Supreme Court's ruling that Governor Whitmer did not have the authority to issue or renew any executive orders related to the COVID-19 pandemic after April 30, 2020.
The MDHHS Order became effective immediately and applied to all residential care facilities, including nursing homes, homes for the aged, adult foster care facilities, hospice facilities, substance use disorder residential facilities, independent living facilities, and assisted living facilities. The order had three main components: notice requirements, limitations on visitors, and limitations on communal dining.
The MDHHS Order provided that covered facilities must prohibit visitors who were not necessary for medical care, the support of activities of daily living, or the exercise of power of attorney or court-appointed guardianship. Visitors were also prohibited if they were not a parent, foster parent, or guardian of an individual under 21 years of age and under the facility's care. Facilities that allowed visitation consistent with the MDHHS Order had to follow several requirements, including allowing outdoor visits if certain criteria were met, such as having no new COVID-19 cases originate in the facility within the previous 14 days.
The MDHHS Order also required facilities to keep accurate and current data regarding the quantity of each type of appropriate PPE available onsite and to report this data to EMResource upon MDHHS's request. Additionally, facilities had to report all presumed positive COVID-19 cases to MDHHS, along with any additional data required under MDHHS guidance.
On June 17, 2021, Michigan Governor Gretchen Whitmer and the MDHHS announced that several Emergency Orders, including the Gatherings and Face Mask Order, would be rescinded effective June 22, 2021, due to decreasing COVID-19 positivity rates, case rates, hospitalizations, and deaths, as well as the availability of COVID-19 vaccines.
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MDHHS and residential care facilities
On October 6, 2020, the Michigan Department of Health and Human Services (MDHHS) issued an emergency order, the "MDHHS Order", which applies to all residential care facilities. The order retained many of the same requirements that applied to residential care facilities under the previously issued executive orders. This came after the Michigan Supreme Court held that Governor Whitmer did not have the authority to issue or renew any executive orders related to the COVID-19 pandemic after April 30, 2020.
The MDHHS Order became effective immediately and remained in effect until October 30, 2020, with the possibility of renewal through a subsequent order. A "residential care facility" is defined to include a nursing home, home for the aged, adult foster care facility, hospice facility, substance use disorder residential facility, independent living facility, or assisted living facility.
The MDHHS Order has three main components: notice requirements, limitations on visitors, and limitations on communal dining. Covered facilities must prohibit visitors who are not necessary for the provision of medical care, support of activities of daily living, or the exercise of power of attorney or court-appointed guardianship for an individual under the facility's care. Facilities that allow visitation must follow several requirements, including notifying employees and residents of the presence of a confirmed COVID-19 positive employee or resident within 12 hours of identification, and posting a notice in a conspicuous place near the main entrance. Additionally, facilities must keep accurate and current data regarding the quantity of each type of appropriate PPE available onsite and report this data to EMResource.
The MDHHS Order also requires covered facilities to limit communal dining and internal and external group activities consistent with the Center for Medicare and Medicaid Services guidance and MDHHS guidance.
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MDHHS and COVID-19
The Michigan Department of Health and Human Services (MDHHS) has played a crucial role in the state's response to the COVID-19 pandemic. On October 6, 2020, the MDHHS issued an emergency order, known as the "MDHHS Order", which applied to residential care facilities in Michigan. This order retained many of the same requirements as previous executive orders related to the COVID-19 pandemic.
The MDHHS Order had three main components: notice requirements, limitations on visitors, and limitations on communal dining. Residential care facilities were required to prohibit visitors who were not necessary for medical care, support activities, or legal purposes. Facilities were also directed to keep accurate data on PPE availability and report all presumed positive COVID-19 cases to the MDHHS.
The MDHHS Order also addressed gathering and capacity limits during the pandemic. Indoor private residential gatherings were capped at 15 people from three households, while outdoor residential gatherings could include up to 50 people. Non-residential indoor gatherings were limited to 25 people, and outdoor gatherings could have up to 300 attendees.
In addition to the MDHHS Order, the department has also provided resources and information to the public about COVID-19. The MDHHS website offers details on preventing the spread of the virus, as well as a 24/7 sexual assault hotline. The department has also joined efforts to increase access to substance use disorder (SUD) treatment and address gun violence in the state.
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MDHHS and family protection
The Michigan Department of Health and Human Services (MDHHS) has implemented several initiatives and programs to protect and support families in the state. One notable area of focus is firearm safety, with the MDHHS working to prevent unintentional deaths and injuries caused by firearms, especially among children and adolescents. For instance, the MDHHS supported Public Act 17 of 2023, which requires individuals to keep unattended firearms unloaded, locked with a locking device, or stored in a secure container. The department also collaborates with the Michigan State Police to provide gun locks and safety kits to promote safe firearm storage and reduce accidents.
MDHHS also offers a range of programs and resources to promote healthy children and families. These include immunization, lead poisoning prevention, prenatal smoking cessation, and breastfeeding support. They also provide information and assistance for foster care, adoption, and juvenile offenders. Additionally, MDHHS supports the Family Independence Program, offering cash assistance, food assistance, and help with home repairs and utility bills.
In terms of law-making capabilities, while MDHHS doesn't appear to have direct law-making powers, it does play a significant role in implementing and enforcing laws and policies that protect families and individuals. For example, during the COVID-19 pandemic, the MDHHS issued emergency orders for residential care facilities, including nursing homes and adult foster care facilities, to limit visitors and communal dining and report COVID-19 cases. These orders carried weight and had to be followed by the covered facilities.
Furthermore, MDHHS works closely with other state agencies and law enforcement to ensure compliance with various laws and regulations. For instance, the department's Environmental Health Bureau (EHB) uses scientific data to prevent and mitigate harm from environmental, chemical, and physical hazards. MDHHS also provides information on laws related to abortion, safe sleep for infants, and firearm safety, demonstrating its role in educating the public about legal rights and responsibilities.
Overall, while MDHHS may not have the explicit authority to create laws, it plays a crucial role in interpreting, enforcing, and promoting laws that protect families and individuals in Michigan, often in collaboration with other state agencies and through the implementation of specific programs and initiatives.
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Frequently asked questions
MDHHS stands for Michigan Department of Health and Human Services.
No, MDHHS cannot make laws. However, the director of MDHHS has the authority to issue emergency orders to control an epidemic and protect public health.
MDHHS orders include requiring face coverings, restricting gathering sizes, and limiting visitors and communal dining in residential care facilities.
The director of MDHHS issues emergency orders under the Public Health Code, specifically MCL 333.2253, to control an epidemic and protect public health.
