Covid-19 Vaccine

Q: Who pays for my vaccination

A: If you are covered by Medicare, Medicaid, or private insurance covered by the Affordable Care Act, most COVID-19 vaccinations from in-network health care providers are covered at no charge, at least through September 2024.

Learn More

If you don’t have insurance of any kind, the federal Bridge Access Program covers COVID-19 vaccinations administered by local health departments, community health centers, and selected private pharmacies. Home vaccinations might be available in individual situations where you prove it is medically necessary to bring a provider to your home.

Q: I am 16 and I want to be vaccinated. If I decide to go ahead with vaccination, do I have to tell my parents?

A: 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.

Q: I am an adult under a guardianship. If I decide to go ahead with vaccination, does my guardian have to approve?

A: 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.

Q: What about “long COVID”? Is that a disability?

A: According to the Centers for Disease Control and Prevention, “long COVID” is a series of signs, symptoms, and conditions that continue or develop after acute COVID-19 infection. CDC reports the symptoms may include fatigue, fever, respiratory and heart symptoms, neurologic symptoms, digestive symptoms, and others. (Learn More)

The U.S. Department of Justice and the Office for Civil Rights at the U.S. Department of Health and Human Services issued a guidance in July 2021 noting that “long COVID can be a disability under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and Section 1557 of the Patient Protection and Affordable Care Act. Each of these federal laws protects people with disabilities from discrimination.” (Learn More)

The U.S. Equal Employment Opportunity Commission also issued a set of questions and answers about long COVID and employees’ rights in May 2023, referencing the DOJ/OCR guidance. (Learn More – Section N)

Finally, the Social Security Administration released a guidance on evaluating long COVID as a disability for purposes of Social Security Disability eligibility. (Learn More)

Q: I have a significant visual impairment and I am only able to read print text that is 36 Point type or larger. I am thinking about getting vaccinated, but I want to read more written information about the vaccines, side effects, and so on.  I have asked my pharmacist to obtain large print copies of these materials.   She refused and said she would explain to me any “important” information. That’s not satisfactory.  Is there anything I can do about this?  

A: 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
• Walgreens
• CVS

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
• U.S. Department of Justice

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.

Q: I need to use public transit to get to a vaccination site. I use a manual wheelchair as my main mobility device.   Although I could use the paratransit system that is offered in my community, I prefer the fixed route system.  While the service is usually adequate, I do have a problem when it comes time for me to enter or exit the bus.  The bus stops that I use are almost all grass or dirt.  On a rainy or snowy day, the distance from the bus to the sidewalk leaves me wet and muddy.  This makes the stop virtually unusable by me.    Is there anything that can be done about this? 

A: 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 here (Civil-Rights-Complaint-Form-Alternate.pdf)

DRM has launched an interactive map to help you navigate Michigan’s transportation system: Click Here

Q: I receive Medicaid. Is there anyone who can help me get access to vaccinations and other health care I need?

A: In Michigan, as of January 1, 2024, Medicaid covers “community health workers.” According to the state Department of Health and Human Services and the American Public Health Association, a community health worker is “a frontline public health worker who is a trusted member of and/or has an unusually close understanding of the community served. This trusting relationship enables the CHW to serve as a liaison/link/intermediary between health/social services and the community to facilitate access to services and improve the quality and cultural competence of service delivery. A CHW also builds individual and community capacity by increasing health knowledge and self-sufficiency through a range of activities such as outreach, community education, informal counseling, social support and advocacy.” (Learn More)

Michigan Medicaid Policy bulletin 23-74, issued December 1, 2023, describes the state’s coverage of community health workers (Learn More).

Q: Can a person in a facility demand that their staff be vaccinated?

A: There are several court decisions upholding the state’s authority to force people to be vaccinated. The earliest of these cases was decided in 1905, with the most recent in 2021. In this case, the individual wants their staff to be vaccinated and the facility either won’t or can’t comply with that request. We know of no court cases deciding this issue.

In the absence of court guidance, the individual should make use of existing complaint procedures. 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. If the facility is an adult foster care home, there is a potential licensing complaint alleging violation of R 400.14201(1) requiring competence in the prevention and containment of communicable diseases. There is no guarantee these complaints will work, but they are the legal recourse available.

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

Q: I work for a company that has about 60 employees.  During the pandemic we were all required to telework.  I have an anxiety disorder and it was easier for me to work from home than being in the office.   However, management has decided that all employees must come back to work in the office.  Shouldn’t my employer have to allow me to telework?

A: 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.

The EEOC has issued detailed guidance on the rights and responsibilities of employers and employees related to COVID-19 and equal employment laws (Learn More).