Unable tosee patients and perform exams and medical procedures, healthsystems have had to furlough workers and are "on the brink offinancial ruin." (Photo: Shutterstock)
Is preventive health care an essential business function? That'sthe question at the heart of a filed last week in Michigan onbehalf of three medical providers challenging the scope of thestate's stay-at-home emergency order. As reported by The Detroit news, the lawsuit says that theorders are "unconstitutionally vague, violate due process rightsand infringe on the commerce clause, which reserves the power toregulate interstate and foreign commerce to Congress."
|The lawsuit, filed by Grand Health Partners, Wellston MedicalCenter and Primary Health Services, seeks to allow medicalproviders to resume normal operations. Also included in the suit isa patient whose March knee-replacement surgery has been postponedindefinitely due to the order.
|Related: Hospitals will see infusion of cash fromcoronavirus relief bill
|According to the lawsuit, "he is in excruciating pain and unableto get prescription pain medication until he can be seen on June11," and has to reduce his work hours by 80%. The lawsuit citesanother patient suffered a bladder and kidney infection as a resultof a delayed procedure.
|Beyond a concern for patients' health and well-being, of course,is the health systems' own financial state. Unable to see patientsand perform exams and medical procedures, health systems have hadto furlough workers and are "on the brink of financial ruin."
|The state's chief medical executive Dr. Joneigh Khaldun had toldhealth care providers that the order was flexible, and theadministration of care was intended to be at the discretion of theprovider. That guidance, however, is too vague, the lawsuit argues,and not worth the risk of the penalties that could be enforced.
|Meanwhile, elective surgeries have resumed in at least 30states, in many cases with stipulations to ensure additionalprotective measures are taken for patients and health careworkers.
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Emily Payne
Emily Payne is director, content analytics for ALM's Business & Finance Markets and former managing editor for BenefitsPRO. A Wisconsin native, she has spent the past decade writing and editing for various athletic and fitness publications. She holds an English degree and Business certificate from the University of Wisconsin.
