Covid-19 Vaccine

Public transit systems must be accessible to individuals with disabilities. Because they receive funding from the federal government, transit systems are required to follow regulations issued by the Federal Transit Administration (FTA). These regulations state that a bus stop “…must have a firm, stable surface and must provide a clear length of 96 inches (8 ft.)…” and a width of at least 5 feet. Compliance with these requirements will enable an individual who uses these bus stops to safely exit or enter the bus.

You may also have problems getting on or off the bus if snow has accumulated. If that is the case, you could argue that the transit authority should allow its drivers to exit the bus and to shovel away the snow from the bus to the sidewalk. You should put a request in writing, mail or email the transit company and keep a copy of the request.

If you want to challenge the failure of your transit system to comply with federal regulations, you can bring this issue to the attention of the citizen’s advisory committee for your area. You should be able to find the name and perhaps the email for the chair of your service system.

Another option is to file a complaint with the FTA. The form that you can use to file a complaint is found at: Civil-Rights-Complaint-Form-Alternate.pdf

There is a lot of information out there about COVID-19 and the risks to the health of everyone, including teenagers. Much of what you will find on the internet is helpful. However, there is lot of misinformation that has been posted.

We recommend that you look only to trustworthy sources of medical information. These include your healthcare provider, your local health department, and information from the Centers for Disease Control (CDC) that can be found online.

If you do decide to be vaccinated, Michigan law requires that a parent or guardian consent to the vaccination for anyone under 18. However, the law does allow an emancipated minor to consent to the vaccination.

You should also know that Michigan law does allow a minor who is 14 years of age or older to request and receive the services of a mental health professional. The professional may provide up to 12 outpatient sessions or four months of outpatient counseling. MCL 330.1707. However, you should also be aware that the mental health professional may bill your parent’s health insurance provider, and that information could be disclosed to your parent.

Not necessarily.   Your company has apparently decided that staff being present in the building is an essential function of the job.  When you ask to be allowed to telework, you are asking for a reasonable accommodation of that requirement.

Your employer is entitled to information that will help it understand how your impairment, your anxiety disorder makes it necessary for you to telework.  The employer can grant or deny your request or offer some other form of accommodation.

Thought this process, federal regulations require that the discussions be conducted in an informal, interactive process.

If you are not able to reach agreement with your employer, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).  You can find their complaint form online at eeoc.gov.  You can also file a complaint with the Michigan Department of Civil Rights.  You have to have at least 15 employees to file with EEOC.

However, before filing a complaint, you should consult with an attorney who specializes in employment law.  Remember that there are time limits on when you may file, and you should act promptly if you and your employer cannot come to an agreement.

There have been a number of court cases and decisions that upheld the authority of states to force people to be vaccinated. The earliest of these cases was decided in 1905, with the most recent in 2021.

However, in this case, the individual wants their staff to be vaccinated and the facility either won’t or can’t comply with that request. In the absence of court cases on this issue, the consumer should make use of
existing complaint procedures.

For example, assume the individual is immunocompromised and therefore medically unable to be vaccinated. Their request is that assigned staff be vaccinated so as to reduce the likelihood of
transmission of the COVID virus.

If the facility is a psychiatric hospital, a recipient rights complaint should be filed alleging a violation of MCL 330.1708(2), the right to treatment in a safe environment.

If the facility is a prison or jail, a health care kite should be submitted.

In all cases, keep a copy of any paperwork you submit or receive.

In Michigan here are two types of guardianship. One is for individuals who labeled as having a developmental disability. The other is for individuals who are labeled as being a “legally incapacitated individual.”

No matter which type of guardianship you are under, the judge most likely gave your guardian the right to make medical decisions for you. So, under a DD guardianship, your guardian can authorize routine medical treatment for you. MCL 330.1629. Where an LII guardianship has been established, the guardian has the “… the power to give the consent or approval that is necessary to enable the ward to receive medical, mental health, or other professional care, counsel, treatment, or other service.” MCL 700.5314©.

If the guardian will not give authorization for treatment, the judge can order that they do so. This will mean that you will have to write or call the judge and ask for a hearing. You will need to explain your situation
and what you want the judge to do.

For further information, contact Disability Rights Michigan or Michigan Elder Law Initiative.

There have been a number of court cases and decisions that upheld the authority of states to require people to be vaccinated. The earliest of these cases was decided in 1905, with the most recent in 2021.

However, in this case, the individual wants their staff to be vaccinated and the facility either won’t or can’t comply with that request. In the absence of court cases on this issue, the consumer should make use of
existing complaint procedures.

For example, assume the individual is immunocompromised and therefore medically unable to be vaccinated. Their request is that assigned staff be vaccinated so as to reduce the likelihood of transmission of the COVID virus.

The Adult Foster Care rules for small group homes require that, prior to a temporary license being issued : …an administrator shall be competent in (1)Prevention and containment of communicable
diseases.” R 400.14201(1)

As COVID is a communicable disease and the key to prevention and containment of COVID is the vaccination, if the AFC does not require all staff to be vaccinated, it is potentially in violation of the licensing rules. The consumer should file a complaint with the Licensing and Regulatory Affairs office. A complaint form can be found online. However, if you have difficulty finding it online, contact Disability Rights Michigan at 800-288. 5923.

In all cases, keep a copy of any paperwork you submit or receive.

During the early days of the pandemic, the Centers for Medicare and Medicaid Services (CMS), the federal agency that provides oversight to federally funded nursing facilities, issued guidelines that were very restrictive and made it hard for family members to visit loved ones.

However, since then, with the development and distribution of the COVID vaccine and other developments,  CMS now believes that those restrictions can be, for the most part, lifted.

On November 12, 2021, CMS modified its guidelines to read as follows:

“If a visitor, resident, or their representative is aware of the risks associated with visitation, and the visit occurs in a manner that does not place other residents at risk (e.g., in the resident’s room), the resident must be allowed to receive visitors as he/she chooses.

“Visitation can be conducted through different means based on a facility’s structure and residents’ needs, such as in resident rooms, dedicated visitation spaces, and outdoors.

“Visitors who have a positive viral test for COVID-19, symptoms of COVID-19, or currently meet the criteria for quarantine, should not enter the facility. Facilities should screen all who enter for these visitation exclusions.”

In summary, yes you should be able to visit with your father in the facility.  However, no one should enter a facility if their medical condition would compromise the health of residents, the staff, or other residents.

If the facility will not allow you to visit with your father, you can contact the Michigan Elder Justice Initiative at 517-827-8010.

Yes, you can request that the pharmacy provide you with a reasonable accommodation.   A reasonable accommodation is a change in the way a business conducts itself that allows an individual with a disability to fully benefit from the services and merchandise of that business.  Michigan businesses must provide reasonable accommodations under the Americans with Disabilities Act and the Michigan Persons with Disabilities Civil Rights Act.

In this situation, one possible reasonable accommodation would be having the pharmacy provide you with a large print version of written material it provides to everyone else.

If you ask the pharmacy for a reasonable accommodation, you should do so in writing, making sure you copy and date the request. The pharmacy must respond to you by offering a reasonable accommodation. It might be what you asked for, or it might be something else that would allow you to gain access to the written materials. If the accommodation is not what you requested, the pharmacy must then work with you through an “interactive process” to try to reach an agreement on a reasonable accommodation.

After talking with the pharmacy, if you still don’t get what you need, you have two options. The first is to file a complaint with the corporate office of the pharmacy.  We have included links to the appropriate website for three pharmaceutical chains.

• Rite Aid: https://www.riteaid.com/legal/access-policy-for-persons-with-disabilities
• Walgreens: https://www.walgreens.com/topic/information/access-to-services.jsp
• CVS: https://cvshealth.com/accessibility

Second, you could file a complaint with the Michigan Department of Civil Rights or the U.S. Department of Justice. Their contact information is shown below.

• Michigan Department of Civil Rights: https://www.michigan.gov/mdcr/0,4613,7-138-70682_67734-153171–,00.html
• S. Department of Justice: https://www.ada.gov/filing_complaint.htm

You could hire an attorney to help you with any of these actions.  Make certain that you retain someone with experience in this area. Disability Rights Michigan (DRM) also helps people with these kinds of problems. Our services are free and confidential. Please call us at (800) 288-5923 or follow this link to request help.

Yes. There are a number of health care providers who are willing to bring the COVID vaccine to individuals who are not able to leave their home.  Each county has different rules and procedures for making this happen. Providers, eligibility rules, scheduling processes, and other service elements may vary.

Transportation may also be available for people who can leave their homes but have no way to get to a vaccine clinic. Again, the providers, eligibility, schedules, and fares will vary from county to county.

If you have a disability and need transportation or in-home services, you may be able to request a reasonable accommodation.

For help in getting access to transportation or in-home services, or for information on how to access these providers, contact Disability Rights Michigan (DRM) at 1-800-288-5923. DRM services are free and confidential.