The Power Of Mdhhs: Law-Making Authority Examined

can the mdhhs make laws

The Michigan Department of Health and Human Services (MDHHS) is responsible for implementing and enforcing laws and regulations within the state of Michigan. While the MDHHS itself does not have the power to create laws, it plays a crucial role in ensuring the health and well-being of Michigan citizens by enforcing laws and regulations related to gun safety, abortion, and residential care facilities. For example, the MDHHS has issued emergency orders to address specific issues, such as restricting gathering sizes and mandating face coverings during the COVID-19 pandemic. The MDHHS also collaborates with other organizations, like the Michigan State Police, to promote gun safety and protect families from gun-related accidents.

Characteristics Values
Can make laws No
Can issue emergency orders Yes
Can enforce health laws Yes
Can make rules for gun safety Yes

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MDHHS emergency orders

On October 6, 2020, the Michigan Department of Health and Human Services (MDHHS) issued an emergency order that retained the same requirements as previously issued executive orders pertaining to residential care facilities. 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, which became effective immediately and remained in effect through October 30, 2020, 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 order prohibited visitors who were not necessary for medical care, the support of activities of daily living, or legal matters. It also restricted visitors who were not parents, foster parents, or guardians of individuals under 21 in the facility's care, except in cases of serious or critical health conditions, hospice care, exigent circumstances, or official governmental functions. Outdoor visits were permitted if certain criteria were met, including no new COVID-19 cases in the previous 14 days and a minimum six-foot distance between individuals.

The MDHHS Order also required facilities to keep accurate data on the quantity and type of PPE available onsite and to report presumed positive COVID-19 cases to MDHHS along with any additional data requested. Violation of the order was punishable by up to six months' imprisonment, a $200 fine, or both.

On June 17, 2021, Governor Gretchen Whitmer and the MDHHS announced the rescinding of several Emergency Orders, including the Gatherings and Face Mask Order, effective June 22, 2021, due to decreasing COVID-19 positivity rates, hospitalizations, and deaths, as well as the availability of vaccines.

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Gun safety laws

In recent years, several US states have introduced robust gun safety laws to address the rising concerns surrounding gun violence. Notably, Minnesota has enacted stringent gun violence prevention measures, including regulations on gun magazine size and visible gun carry in public. These laws empower officials to deny sales if the buyer is deemed a danger and mandate gun owners to notify law enforcement if their firearms are lost or stolen.

MDHHS actively promotes and facilitates the enforcement of gun safety laws. For instance, in Michigan, the MDHHS has partnered with law enforcement agencies through Project ChildSafe to provide free gun safety kits to residents. Additionally, they are working with the Michigan State Police to increase the availability of gun locks, ensuring firearms are stored securely and reducing the risk of accidental shootings.

The implementation of gun safety laws has proven to be life-saving. Data shows that in states with comprehensive gun laws, the number of gun-related deaths decreases. This is particularly crucial for the safety of children and adolescents, as unsecured and loaded firearms in close reach have resulted in tragic unintentional injuries and fatalities.

While the MDHHS does not possess the authority to create laws, its role in upholding and facilitating gun safety regulations is invaluable. Through their efforts, they help protect families, prevent tragedies, and foster a safer environment for Michigan residents.

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Abortion laws

In the United States, abortion laws vary from state to state. Some states have taken proactive measures to expand abortion access, while others have sought to restrict it.

Michigan's Informed Consent for Abortion Law, established by Public Act 133 of 1993, mandates that women seeking abortions receive specific information at least 24 hours before the procedure. This includes unbiased details about the abortion procedure, summaries to prevent coercion, and illustrations of fetal development corresponding to the gestational age of the fetus. Amendments to this law in 2012 and 2016 further ensured that women are informed about the illegality of coercing abortions and offered assistance if they face such situations.

In addition to informed consent laws, some states have laws that require parental notification or consent for minors seeking abortions. Other states have restricted the provision of abortions to physicians, while some have expanded access by authorizing other qualified medical professionals to provide abortion care.

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COVID-19 pandemic orders

On October 2, 2020, the Michigan Supreme Court ruled that Governor Gretchen Whitmer lacked the authority to issue executive orders related to the COVID-19 pandemic after April 30, 2020. This decision wiped away nearly seven months of executive orders on business closures, social distancing, group gatherings, restrictions on non-essential activities, and the mandate to wear masks in public.

However, the Michigan Department of Health and Human Services (MDHHS) still had the power to issue emergency orders to prevent the spread of COVID-19. On October 6, 2020, the MDHHS issued an emergency order that retained many of the same requirements as previous executive orders. This order 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 MDHHS Order had three main components: notice requirements, limitations on visitors, and limitations on communal dining. Covered facilities were required to prohibit visitors who were not necessary for medical care, 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 in the facility's care, unless the individual was in serious or critical condition or in hospice care. Outdoor visits were permitted if the facility had no new COVID-19 cases.

The MDHHS Order also required facilities to keep accurate and current data on the quantity of each type of appropriate PPE available onsite and report all presumed positive COVID-19 cases to the MDHHS. In addition, businesses that provided in-home services were not allowed to have their employees gather with clients unless they kept accurate appointment records. Dine-in food service businesses were required to keep records of the names and phone numbers of patrons, as well as the date and time of entry.

Violating a rule or order of the MDHHS was punishable by a fine of up to $200 or up to six months in jail, or both. There could also be a civil fine of up to $1,000 for each violation.

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Residential care facility orders

On October 6, 2020, the Michigan Department of Health and Human Services (MDHHS) issued an emergency order (the "MDHHS Order") that retained many of the same requirements that apply to residential care facilities under the previously issued executive orders. 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 from entering their facilities, any visitors that are not necessary for the provision of medical care, the 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 allowed visitation consistent with the MDHHS Order had to follow several requirements, including allowing only outdoor visits if certain criteria were met, such as having no new COVID-19 cases originating in the facility.

The MDHHS Order also required residential care facilities to notify employees and residents of the presence of a confirmed COVID-19 positive employee or resident within 12 hours of identification and to inform legal guardians or health proxies for all residents within 24 hours. Facilities were also required to post a notice in a conspicuous place near the main entrance of the care facility and to contact the local health department to report the presence of a confirmed COVID-19 case.

To prevent the spread of COVID-19, the MDHHS Order required covered facilities to limit communal dining and internal and external group activities consistent with guidance from the Center for Medicare and Medicaid Services and MDHHS. The order also required residential care 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 request or in a manner consistent with MDHHS guidance.

Frequently asked questions

The Michigan Department of Health and Human Services (MDHHS) is responsible for the health and well-being of Michigan citizens.

The MDHHS cannot make laws but it can issue emergency orders under the Public Health Code.

The Public Health Code gives the director of MDHHS the authority to prohibit the gathering of people and establish procedures to be followed during an epidemic.

MDHHS emergency orders include restricting gathering sizes, requiring face coverings, and prohibiting visitors to residential care facilities.

The director of MDHHS determines that control of an epidemic is necessary to protect public health and issues an emergency order with procedures to be followed.

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