Health Division

Michigan's Guide to Public Health for Local Governing Entities

This guide provides a broad overview of public health, including required services and a description of the authority of the Health Officer and Medical Director. (Refer to Page 19-20 for local health department responsibilities and required services).

Public Health Code

The Public Health Code Act 368 of 1978 provides the legal foundation for the state and local health department to exercise its powers and duties within the state and local jurisdiction.

Under the Public Health Code Act 368 of 1978, Sec. 2433. Local health department; powers and duties generally. (1) A local health department shall continually and diligently endeavor to prevent disease, prolong life, and promote the public health through organized programs, including prevention and control of environmental health hazards; prevention and control of diseases; prevention and control of health problems of particularly vulnerable population groups; development of health care facilities and health services delivery systems; and regulation of health care facilities and health services delivery systems to the extent provided by law.

Michigan Public Health Accreditation

The Michigan Local Public Health Accreditation Program seeks to assure and enhance the quality of local public health in Michigan by identifying and promoting the implementation of public health standards for local public health departments and evaluating and accrediting local health departments on their ability to meet these standards.

National Public Health Accreditation

Public Health Accreditation Board's (PHAB) national accreditation program fosters health departments' commitment to quality improvement, performance management, accountability, transparency, and the capacity to deliver the Ten Essential Public Health Services. Committed to achieving the highest standards of public health practice, nationally accredited health departments demonstrate a consistent and continued commitment to strengthening their community partnerships, which in turn enables them to better serve their communities. Although National Accreditation is not required, this process is something the State of Michigan is moving closer to requiring for all Local Health Departments.

Oakland County Sanitary Codes

Act 306 Public Acts of 1927. (Compiles Laws 1948, Sec. 327.201) Section 1. The Oakland County Sanitary Code has eleven articles approved by the County Executive and the Board of Commissioners to provide local requirements for Groundwater Protection, sewage disposal, food service, body art, carrier pigeons, confinement of animal in animal bite incident, drinking water well program and sewage installer licensing.

State Contracts and Requirements

Michigan Department of Health & Human Services (MDHHS) FY 2020 Comprehensive Planning, Budgeting, and Contracting (CPBC) Agreement. Part 2235 of the Public Health Code gives broad delegator power to MDHHS to assign primary responsibility for the delivery of services to Local Health Departments (LHDs) who meet the requirements set forth in Part 24 of the Public Health Code. The MDHHS director, in determining the organization of services and programs which the department may establish or require under this code, shall consider a local health department which meets the requirements of part 24 to be the primary organization responsible for the organization, coordination, and delivery of those services and programs in the area served by the local health department. Oakland County Health Division provides programs and services under the Comprehensive Planning and Budget Contract (which includes contractual terms on behalf of MDHHS, EGLE and MDARD) and complies with all program requirements provided in the state and federal mandates.

Michigan Food Law

An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts.

Michigan Modified Food Code 2009

The Food Code is a model for safeguarding public health and ensuring food is unadulterated and honestly presented when offered to the consumer. It represents FDA's best advice for a uniform system of provisions that address the safety and protection of food offered at retail and in food service. This model is offered for adoption by local, state, and federal governmental jurisdictions for administration by the various departments, agencies, bureaus, divisions, and other units within each jurisdiction that have been delegated compliance responsibilities for food service, retail food stores, or food vending operations. Alternatives that offer an equivalent level of public health protection to ensure that food at retail and foodservice is safe are recognized in this model.

Safe Drinking Water Act

An act to protect the public health; to provide for supervision and control over public water supplies; to prescribe the powers and duties of the department of environmental quality; to provide for the submission of plans and specifications for waterworks systems and the issuance of construction permits therefore; to provide for capacity assessments and source water assessments of public water supplies; to provide for the classification of public water supplies and the examination, certification and regulation of persons operating those systems; to provide for continuous, adequate operation of privately owned, public water supplies; to authorize the promulgation of rules to carry out the intent of the act; to create the water supply fund; to provide for the administration of the water supply fund; and to provide penalties.

MDHHS Legionella Guidance

This guidance requires local public health to work on response.

Clinical Laboratory Improvement Amendments (CLIA)

The Centers for Medicare & Medicaid Services (CMS) regulates all laboratory testing (except research) performed on humans in the U.S. through the Clinical Laboratory Improvement Amendments (CLIA). In total, CLIA covers approximately 260,000 laboratory entities. The Division of Clinical Laboratory Improvement & Quality, within the Quality, Safety & Oversight Group, under the Center for Clinical Standards and Quality (CCSQ) has the responsibility for implementing the CLIA Program. The objective of the CLIA program is to ensure quality laboratory testing. Although all clinical laboratories must be properly certified to receive Medicare or Medicaid payments, CLIA has no direct Medicare or Medicaid program responsibilities.

Laws & Rules Applicable to Local Public Health

Homeland Security

Act 390

Michigan Law: Emergency Management Act for Michigan

• Conduct duties of emergency management office - Emergency Management Performance Grant Agreement: As part of the emergency management grant, we agree to report our activities including emergency management meetings, Emergency Operations Plan work, training, and exercises (at least 3 required annually), conduct risk assessments, hazard mitigation work, prevention strategies, operational planning, Sara Title III plans, NIMS compliance, resource management, mutual aid, communications & warnings, training, public education, and all other EM duties.
• Designation of Emergency Management Coordinator & Emergency Management Program - Michigan Law: Designates the county have an emergency management (EM) coordinator at the direction of County Executive.
• Emergency Operations Plan (EOP) - Michigan Law: EM Coordinator shall develop emergency operations plans & programs including mitigation, preparedness, response and recovery. Mandated multiple public warning systems, training, exercising.
• Local Emergency Operations Plan Review - Michigan Law: All communities over 25,000 must have a plan that matches with County plan, under 10,000 may fall under (and adopt) county plan or do their own.
• Emergency Operations Center (EOC) - Michigan Administrative Rule: To apply for disaster funds, county must have declared a disaster, activated the EOC and put into play their Emergency Operations Plan (EOP).

Grant Allocation Committee (Local Planning Team)

MSPEMD Rules & Grant Requirement: Rules give direction on what representatives from the community must be part of the local planning team.

NIMS (National Incident Management System)

Resolution/Michigan Law: Resolution says County will maintain NIMS compliance. Part of Act 390 is that Emergency Management is responsible for preparedness including training in NIMS. Emergency Management Performance Grant also requires county ensure NIMS and ICS compliance for first responders.

Sara Title III

Federal Law: Federal legislation on environmental regulations, adopted in Michigan.

• Hazardous Response Plans - Federal Law & Michigan Guidelines.
• Local Emergency Planning Committee - Michigan Law: Sara Title III requires a Local Emergency Planning Committee in each county. The committees aid in the planning for hazardous materials incidents and response plans at businesses.

Hazard Mitigation Plan (HMP)

Grant (Both Pre & Post Disaster): County must have a HMP to be eligible for disaster funds either for projects to try and mitigate the effects of a disaster or for funds (Stafford Act) to recover from a disaster.

Urban Areas Security Initiative (UASI) Program

Grant Requirement: Grant requires office use THIRA (Threat and Hazard Identification Risk Assessment) for use of funds, maintain local planning team for grant review. These grants also require training and exercises with local first responders.

School Emergency Operations Plans Review

Grant Requirement: For schools in Oakland County to be eligible for school safety grants the local emergency manage must review and approve their plans.

School Drill Reporting

Michigan Law: Requires that schools perform various school safety drills and report this information to the local emergency management office.

PFAS

MDHHS Response Plan: Plan requires local emergency management office work with county public health on response plans.

Outdoor Warning Sirens

• Resolution: Resolution in 1977, county accepted grant funds for sirens, agreed to maintain siren system.
• Interlocal Agreement: County has signed agreements with each community when a new siren is added, county pays 25% of install and agrees to maintain.

DAM Emergency Action Plans

Michigan Administrative Rules: Requires that Dam owners/operators maintain an Emergency Action Plan. Plan must be filed with the local emergency management coordinator.