Lansing, MI asked in Health Care Law for Michigan

Q: I transport for funeral homes. I am encountering nursing homes and Hospital facilities who force you to do covid tests

They take your personal information and DNA. They are not my primary physician, and you are given no assurance they are not going to sell or give that information to third party sources. I don't want the test, or the vaccine. What are my rights in this matter?

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: You are free to not comply. Of course, the hospital or nursing home could refuse you entrance, preventing you from doing your job. If you feel strongly about it, you should have a conversation with your employer to see if they can find a way to accommodate you while still getting the job done. I'd do that before you end up returning to the funeral home "empty" because a nursing home or hospital refused to allow you in.

Michael Zamzow
Michael Zamzow
PREMIUM
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Added to the answer from Mr. Geers above, communicate with your primary care physician about your concerns about SARS-CoV-2 testing (what is being collected and tested) and vaccination. As you have no doubt noticed, the quantity of poor information from unreliable sources about the pandemic, vaccines, testing, and masks vastly out numbers the quality information from physicians and the scientific community.

A public health emergency gives State and local governments quite a lot of power in the interest of protecting the health and safety of its citizenry. So generally, if you don't fit into any protected class (and maybe even if you do) and you are living in a state that has responded to the pandemic through public health orders, you, employers, and the business establishments you enter must follow those orders. And with limited exceptions, even without those orders, if you're entering a private property that has made a rule or condition for entry (pretty much any rule you can think of) you must comply or not enter.

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