Tag: COVID-19 vaccine

Michigan Workplaces May Return to In-Person Work on May 24 Under “MI Vacc to Normal” Plan

Michigan workers may return to in-person work in all sectors of business on May 24 now that 55 percent of residents age 16 or older have received at least one dose of a COVID-19 vaccine.

Under Governor Whitmer’s “MI Vacc to Normal” plan, Michigan Department of Health and Human Services COVID restrictions are relaxed or eliminated once certain vaccination thresholds are met. Pursuant to the plan, a return to in-person work is allowed two weeks after the 55 percent threshold is reached, which occurred on May 10.

Additional restrictions, such as limitations on attendance at sporting events and conferences, and capacity limits for indoor dining indoor gatherings, will be eased at the 60 and 65 percent thresholds. Once 70 percent of Michigan residents 16 and older are vaccinated, all COVID restrictions, including orders regarding face coverings, will be lifted.

While prohibitions on in-person work are set to be lifted on May 24, it is unclear whether additional COVID-19 workplace rules and restrictions from the Michigan Occupational Safety and Health Administration (MIOSHA) will be altered. Sean Egan, COVID-19 workplace safety director for the Department of Labor and Economic Opportunity, said in a statement:

“MIOSHA is in the process of reviewing both the emergency rules and draft permanent rules as the state meets and exceeds certain vaccination rates. MIOSHA’s rule-making is flexible in that the agency has the ability to modify or rescind all or parts of each rule set to best protect Michigan workers as the pandemic moves closer to ending.”

In addition, on May 14, Governor Whitmer announced that the Michigan Department of Health and Human Services (MDHHS) will be updating the Gatherings and Mask Order to align with the CDC’s latest guidance on face coverings. Beginning May 15 at 9:00 a.m., fully vaccinated individuals do not need to wear a mask while outdoors. While indoors, fully vaccinated Michiganders will no longer need to wear a mask, but residents who are not vaccinated, or have not completed their vaccinations, must continue to wear a mask or face covering to protect themselves and others. 

We will continue to keep you updated as to any new developments affecting workplace safety. If you have any questions about your workplace, and the state or federal rules and regulations concerning COVID-19, please contact Dave Houston or your Fraser Trebilcock attorney.

This alert serves as a general summary, and does not constitute legal guidance. All statements made in this article should be verified by counsel retained specifically for that purpose. Please contact us with any specific questions.

Fraser Trebilcock Shareholder Dave Houston has over 40 years of experience representing employers in planning, counseling, and litigating virtually all employment claims and disputes including labor relations (NLRB and MERC), wage and overtime, and employment discrimination, and negotiation of union contracts. He has authored numerous publications regarding employment issues. You can reach him at 517.377.0855 or dhouston@fraserlawfirm.com.

Nursing Homes: Who Can Consent to Your Loved One’s COVID-19 Vaccine?

COVID-19 vaccines are here! The hardest hit individuals have been our front-line health care workers and loved ones in nursing homes and other congregate homes for the elderly and infirm. It is fitting that these two groups are the first among us to receive the vaccine.

Consent Forms Will Be Required

Lansing, Detroit, and Grand Rapids nursing home administrators have confirmed that they will require a consent form before any resident receives the vaccine. It is likely that most residents and most nursing home administrators will want all the residents vaccinated to obtain the best protection the vaccine affords to the community. Without the necessary consent forms in place, the delivery of COVID-19 vaccines to residents of nursing homes and congregate care communities will be delayed.

Who Can Sign the Consent Forms?

While logistics are still being worked out, we know that consent forms for COVID-19 vaccines can be signed by residents who:

  • are mentally competent
  • have a patient advocate who will consent (provided the patient advocate’s authority has been triggered by two doctors certifying that the patient is unable to participate in medical heath treatment decisions)
  • have a guardian who will consent

What If No One is in Place to Consent?

If your loved one is in a congregate care community and does not fall into one of the above categories, you should file a petition with the probate court for a temporary guardian with authority to consider and consent to the COVID-19 vaccine. At the same time, you may wish to consider requesting that the Court grant limited or full authority as guardian and conservator to assist your loved one with additional health care and financial decisions.

Probate courts are aware of this important issue and are ready to facilitate prompt review of such temporary guardianship petitions. One such Court, the Kent County Probate Court, issued a press release today urging action by families and nursing homes alike to take immediate action to enable prompt delivery of COVID-19 vaccines. News Release, Kent County Probate Court, Grand Rapids, MI – January 4, 2021.

In the News Release, Kent County Chief Probate Judge David M. Murkowski is quoted as saying:

“While many residents of nursing homes and family members have already taken the necessary legal steps to allow for important medical decisions to be made on their behalf, the court wants to make sure that there are no delays in vaccinating vulnerable populations. Family members have an obligation to waste no time in making sure that the proper steps have been taken to make sure their incapacitated loved ones can be vaccinated.”

Nursing Homes Can Also Be Proactive to Get Consent

Care facilities also face the issue of obtaining consent for vaccinating their residents who lack mental capacity, and have no patient advocate or guardian, or any family member willing to petition to become guardian. This type of situation places the facility in the position of petitioning for appointment of a public guardian authorized by the Court to act on the question of consent to vaccination and other health care decisions as may be needed.

Nursing home administrators should survey their residents to determine which residents cannot sign COVID-19 vaccination consent forms and help facilitate action by the patient advocate, guardian, or family member willing to petition probate court. Absent one of these options, nursing home administrators should file a petition seeking either a court-ordered vaccination or the appointment of a limited guardian with the power to consider and consent to the vaccination.

Questions? We can help.

Fraser Trebilcock’s  Trusts & Estates lawyers are up to date with the current developments in this rapidly evolving area of public health and elder law. If you have questions, or need help, give us a call.

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Chair of Fraser Trebilcock’s Trusts and Estates Department, attorney Marlaine C. Teahan is a Fellow of the American College of Trust and Estate Counsel, and is the past Chair of the Probate and Estate Planning Section of the State Bar of Michigan. For help getting necessary legal authority for your loved one’s COVID-19 vaccine consent form, contact Marlaine at 517.290.0057 (cell) or mteahan@fraserlawfirm.com.

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If you would like to talk with an attorney about putting legal plans in place, contact attorney Melisa M. W. Mysliwiec. Melisa focuses her work in the areas of Elder Law and Medicaid planning, estate planning, and trust and estate administration. She can be reached at mmysliwiec@fraserlawfirm.com or 616-301-0800.