Governor Rick Snyder directed the Department of Health and Human Services to challenge a recent court order that his office says is obstructing the department from performing its legal duty in protecting people from a potential outbreak of Legionnaire’s Disease.
Snyder directed the department on Tuesday, and the DHHS is working with the Attorney General’s Office to file an action in the Michigan Court of Appeals to challenge the validity of an order issued in Genesee County Circuit Court on Aug. 17.
According to the governor’s office, the order states that the DHHS and the State Department of Environmental Quality cannot interact with the Genesee County Health Department or McLaren Hospital on anything relating to Flint and the recovery form the water crisis that is underway.
"The number one priority for the department should be public health and it is unacceptable that a local court has tied the hands of state employees trying to do the right thing for the people they were hired to serve and protect," Snyder said. "I have asked Director Nick Lyon and his staff to do everything in their power to continue their vital work while this matter is decided in court."
On Monday, the governor’s office was notified by Lyon of a sixth case of legionella in Genesee County, as per the communication protocol established following the Flint Water Crisis. The department is required by state statute to investigate cases and take appropriate action regarding public notification and remediation of potentially infected facilities.
"This needs to be sorted out in the courts, but I'm concerned about the time that can take. When it comes to alerting people to a potential public health threat, we cannot afford to wait," Snyder said. "The people of Michigan deserve transparency in their government and their healthcare system. Court orders that run counter to the public health code cannot be allowed to go unchallenged when people's lives are at risk."
