The Michigan Department of Health & Human Services (MDHHS) issued a new “Gatherings and Face Mask Order” Thursday, October 29, which imposes new and somewhat arbitrary restrictions and requirements on Michigan businesses.

Effective immediately, indoor venues without fixed seating must limit gatherings to no more than 50 people (previously 500). This includes indoor gatherings such as weddings, parties and banquets which occur in nonresidential settings without fixed seating. The Order also specifies that at all bars, restaurants and social events outside private homes and indoor party sizes at a single table are now restricted to six people.

The Order also requires, effective Nov. 2, all dine-in food service establishments to maintain accurate records of the names and phone numbers of patrons who purchase food for consumption on the premises, and the date and time of entry.  Other establishments must do the same based on an Oct. 9 MDHHS Order.  These establishments include:

Effective immediately and upon request, businesses, schools, and other facilities must provide names and phone numbers of individuals with possible COVID-19 exposure to MDHHS and local health departments to aid in contact tracing and case investigation efforts.

The Order brings the Traverse City and Northern Michigan regions back to “Phase Four” of the MI Safe Start system, joining the rest of the state.

Finally, the Order increases fines and enforcement.  It specifies law enforcement officers are deemed to be “department representatives” for purposes of enforcing the Order and are specifically authorized to investigate potential violations of this order. It also specifies that a violation of the Order is a misdemeanor punishable by imprisonment for not more than 6 months, or a fine of not more than $200.00, or both and that violations are also punishable by a civil fine of up to $1,000 for each violation or day that a violation continues.

While we understand the Whitmer Administration (via MDHHS) issued this Order to get a handle on the increasing number of COVID-19 cases, these requirements appear to be outside the department’s statutory authority and equate to regulatory overreach. They seem to be arbitrarily targeting some industry sectors without any corresponding science or data to back up these mandates. The COVID-19 outbreak investigation data collected by the MDHHS continues to show minimal transmission from restaurants and bars, personal services or entertainment facilities. We will be exploring these questions and concerns further in the coming days.

The full Order can be viewed here and the previous MDHHS Order (rescinded and replaced by this Order) can be found here.

Governor Gretchen Whitmer announced that Liza Estlund Olson will serve as Acting Director of the Michigan Unemployment Insurance Agency. This will be Olson’s second time serving as Acting Director of the UIA. She previously served as Acting Director from 2007-2008. Olson also previously served as Director of the Michigan Bureau of Workforce Transformation from 2008-2011. Cheryl Schmittdiel, who currently serves as Deputy Director of the Office of the State Employer, will serve as Acting Director of the Michigan Office of the State Employer.

Liza Estlund Olson will fill the position of Acting Director of the UIA effective immediately. Former UIA Director Steve Gray has resigned from his position. The office of the State Employer works to ensure protections for Michigan’s state employees, including overseeing that state’s collective bargaining negotiations. Cheryl Schmittdiel previously served as Director of the OSE in the Snyder Administration, and serves as Deputy Director in the Whitmer Administration.

House Bill 6137 requires the Michigan Department of Health and Human Services (DHHS) and the Department of Licensing and Regulatory Affairs (LARA) to publish publicly on the DHHS website certain data regarding COVID-19 and nursing homes. The bill requires updates from DHHS on its website weekly regarding certain COVID-19 metrics and visitation policies. It also requires the publishing of historic nursing home COVID-19 data. The historic data must be published by November 15, 2020 and future data will be updated weekly beginning November 15, 2020. The bill is tied barred with Senate Bill 1094 which was recently signed by the governor. The bill was sponsored by Representative Leslie Love, D-Detroit.  

 

House Bill 6293 codifies in law certain expanded COVID-19 testing services that Governor Whitmer provided for through executive orders. This bill allows certain volunteers and workers to help with the COVID-19 testing process under the proper supervision of qualified licensees or local health departments until June 30, 2021. The bill was sponsored by Representative Graham Filler, R-DeWitt.  

 

House Bill 6294-6297 together allow certain documents to be signed, witnessed and notarized electronically until December 31, 2020. The bills amend the Estates and Protected Individuals Code, the Uniform Electronic Transactions Act, the Uniform Real Property Electronic Recording Act, and the Michigan Law on Notarial Acts, respectively. The bills have largely retroactive effect from April 30, 2020 and encourage the use of electronic signatures, witnesses, and records where available. The bills were sponsored by Representative Sarah Lightner, R-Springport.