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December 21, 2016
: December 21, 2016FOR IMMEDIATE RELEASE
LANSING, Mich. – Yesterday, the Michigan Court of Appeals vacated Protective Orders that were being used to prevent the Michigan Department of Health and Human Services’ from fully investigating cases of Legionella or lead related issues in Genesee County. The Department will no longer be improperly restricted from fulfilling its duties of protecting public health in that community.
In August, MDHHS filed a lawsuit asking the Court of Appeals to exercise superintending control over Genesee County Circuit Court based on an ex parte Protective Order that was issued in Genesee County Circuit Court on June 27, 2016, amended on Aug. 17, and amended again on Aug. 24.
“I want to thank the Michigan Court of Appeals for their careful review and decision on this matter. This is a vital step forward as we continue to focus our efforts on protecting the health of Flint residents,” said Nick Lyon, director of the MDHHS. “MDHHS has worked diligently within the confines of the Protective Orders, and now that they have been vacated we are better able to coordinate follow-up, ensure thoroughness of investigation protocols, and work to determine next steps in better protecting residents.”
Going forward, MDHHS will debrief with the Centers for Disease Control and Prevention and Genesee County Health Department on the investigation of all Genesee County legionella cases to date for 2016; will more closely assist Wayne State University with the legionella study being funded by MDHHS; and resume regular reporting of lead and water quality issues with all partners in Genesee County.
There have been 16 reported cases of Legionella in Genesee County this year. MDHHS has been monitoring the reporting of these cases through the Michigan Disease Surveillance System but has not been able to receive information from the Genesee County Health Department or McLaren Hospital regarding their efforts to appropriately assess, remediate and clear these cases. 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.
In addition to restricting the investigation of Legionella cases in Flint, the order also restricted MDHHS from receiving information related to lead issues, any associated investigations, public health functions and activities of the Department required and authorized under the Public Health Code.
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