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August 25, 2016
For Immediate Release: August 25, 2016
LANSING, Mich. – As directed by Governor Rick Snyder, the Michigan Department of Health and Human Services today filed a Writ of Superintending Control in the Michigan Court of Appeals regarding an ex parte confidential Protective Order preventing MDHHS from investigating cases of Legionella. The order was issued in Genesee County Circuit Court on Aug. 17, and amended on Aug. 24.
As part of the order, MDHHS is prohibited from fully investigating Legionella cases in Genesee County. As MDHHS has concerns regarding the current investigation of cases, today’s action is focused on the status of the fourth Legionella case in Genesee County, which has been determined to be healthcare-associated. The case was diagnosed on Aug. 12, and announced by the Genesee County Health Department on Aug. 16. MDHHS is aware of two additional cases in Genesee County since this case was confirmed, bringing the total to six cases in Genesee County for 2016.
To date, MDHHS has no knowledge of any efforts in regards to the fourth case by McLaren Hospital to appropriately assess, remediate and clear the patient’s location. Under the Public Health Code, MDHHS is authorized to inspect or investigate suspected outbreaks of or exposures to communicable diseases/infections. Such inspections and/or investigations are necessary and vital to obtaining appropriate information in order to protect the public’s health and safety.
On Aug. 16, MDHHS requested formal assistance from the Centers for Disease Control and Prevention (CDC) to assist in the investigation of the fourth case, due to the concern of this case being a potential indicator of a threat to public safety. Per CDC guidance, regardless of other possible sources, because the case’s incubation period included much time within McLaren Hospital, it is imperative that McLaren Hospital’s premises be inspected and assessed.
MDHHS has no information regarding efforts to identify or remediate concerns in McLaren Hospital by McLaren or the GCHD. Due to the order, MDHHS has also not been able to investigate the status of the fifth and sixth cases of Legionella in Genesee County.
The MDSS is an electronic database which retains all reports of reportable diseases listed in the Public Health Code and attendant Administrative Rules. Local health departments have access to cases within their jurisdiction and may edit cases, as needed. The state health department maintains access to all case information from all local health departments.
It is extremely important to ensure that all necessary remediation by any healthcare entity, in this instance, McLaren Hospital, particularly assessment of legionella water test results and remediation of associated water systems, be or has been accomplished. This new case is important because any association with a hospital or health care facility is a potential indication of a source of infection within that health care facility. Further, 50 of the 90 Legionella cases reported in Genesee County in 2015 were found in and/or related to stays in McLaren Hospital.
In addition to restricting the investigation of Legionella cases in Flint, the order also restricts MDHHS from receiving and reporting information related to lead or other water quality issues, any associated investigations, public health functions and activities of the Department required and authorized under the Public Health Code, as well as preconditions to the receipt of federal funding.
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