Healthcare Issues
Executive Order 2020-104 Authorizes Pharmacists, Physician Assistants, and Nurse Practitioners to Establish and Administer COVID-19 Testing Services With Proper Safety Protocols in Place
Governor Whitmer’s Executive Order (EO 2020-104, the “Order”) aims to help prevent the further spread of COVID-19 by enabling additional types of qualified medical professionals to order and administer COVID-19 tests. The Order encourages the establishment of community testing locations by reducing barriers to siting and staffing such test sites. As such, we expect to see an increase in the
Executive Order 2020-86 Relaxes Restriction on Telemedicine for Physicians Certifying Medical Marihuana Patients
The ill effects of the COVID-19 pandemic have touched all aspects of American commerce, and the doctor-patient relationship is no exception. Immuno-compromised patients, those with pre-existing conditions, and even the healthy are forgoing doctor visits of all kinds, likely out of fear of contracting the virus. In the first three months of this year, health care spending has fallen 18% and 1.4 mil
Executive Order 2020-97 Requires Michigan Companies to Develop a COVID-19 Infectious Disease Plan by June 1, 2020, Or Within Two Weeks of Resuming In-Person Work
Governor Whitmer has built upon prior executive orders and clarified the process for returning to “in-person” work in Michigan via Executive Order 2020-97 (the “Order,” available here). The Order requires that by the later of June 1, 2020, or within two weeks of resuming in-person work, any company operating in Michigan must have its COVID-19 Infectious Disease Plan made readily available
Executive Order 2020-77 Emphasizes the State’s Requirement for COVID-19 Specific Preparedness Plan to Protect In-Person Workers
It should now be clear to business owners that a return to in-person work will require employers in Michigan, as well as much of the rest of the country, to implement a COVID-19 preparedness and response plan prior to workers returning to in-person work. These plans are mandated regardless of the type of work the business performs and require businesses to take a hard look at the many routine proc
Governor Whitmer’s New Stay-At-Home Order (Executive Order 2020-42) Has Legal Requirements for Business Owners to Fulfill Before Starting In-Person Operations
In addition to the Stay-at-Home provisions and exceptions in Governor Whitmer’s Executive Order 2020-42 which are outlined below, the Order requires business owners to address three legal requirements to conduct in-person operations. These are: (1) Preparation of a COVID-19 Preparedness and Response Plan consistent with OSHA guidance; (2) determine who, if any, qualify as critical infrastructure
Executive Order 2020-21 (COVID-19) – What the Stay at Home Order Means for Michigan Citizens and Businesses
On March 23, 2020, Governor Whitmer issued a “stay-at-home” order titled Executive Order 2020-21 (“EO 2020-21”). The stated purpose of the Order is to assist in slowing the spread of novel Coronavirus COVID-19 and to protect the healthcare system from being overwhelmed. This article provides an overview of the Order and how it may impact Michigan citizens and businesses.At the most fundame
The Ol’ Expert Switcheroo: COA Holds AOM Signed by New Expert “Amendment” and Relates Back
If a plaintiff replaces an affidavit of merit (AOM) signed by an unqualified expert with one signed by a qualified expert, does the subsequent AOM constitute an “amendment” to the original AOM, such that it relates back for statute of limitations purposes? Surprisingly, yes—at least according to the Court of Appeal’s recent opinion in Legion-London v. Surgical Inst. of Mich Ambulatory Surg
2020 Michigan Non-Economic Damages Caps
The State of Michigan Department of Treasury has announced the 2020 Non-Economic Damages Caps for medical malpractice claims. With respect to obtaining compensation for the injured plaintiff, Michigan has a statutory cap on the amount of noneconomic loss that a plaintiff may be awarded in a medical malpractice lawsuit. Noneconomic damages are intended to compensate the plaintiff for injuries and l
COA: Medicaid Lien Reimbursement Made Easy…
On February 4, 2020, the Michigan Court of Appeals issued its published opinion in the matter of Theresa Byrnes, et al. v. Jacob Martinez, M.D., et al. This opinion provides much-needed guidance to attorneys and courts regarding the methods used to consider and implement when attempting to settle a lawsuit involving a Medicaid lienholder. The opinion also provides specific guidance regarding how t
FDA Says CBD is Illegal to Market & Possibly Unsafe
FBMJ attorneys Kim Sveska and Eric Nordan co-authored “FDA Says CBD Is Illegal To Market And Possibly Unsafe” published in the January 2020 issue of Michigan Pharmacist. The article concentrates on the legal uncertainty of the cannabidiol (CBD) products market.“FDA Says CBD Is Illegal to Market and Possibly Unsafe” discusses hemp and the confusion regarding its removal from the controlled