June 25, 2020

The Honorable Governor Whitmer

George W. Romney Building
111 S Capitol Ave
Lansing, MI 48933

Dear Governor Whitmer,

The Michigan Legislature convened the Joint Select Committee on the COVID-19 Pandemic (the
“JSC”) to examine state government’s response to COVID-19. The JSC’s goal – and one the
administration undoubtedly shares— is to determine how Michigan can best address any future
public health crises that threaten the lives and well-being of people across our state. Such an
effort must include a review of how Michigan can best protect its most vulnerable citizens,
particularly those in Michigan nursing homes (as used below, “nursing homes” includes all
nursing homes long-term care facilities, skilled nursing facilities, and assisted living facilities).

You recently refused to share with members of the U.S. House Committee on Oversight and
Government Reform information regarding the devastating impact of COVID-19 on our state’s
nursing home residents and your administration’s response to this grave issue. In declining this
request, you relied on the local nature of these issues. As you explained, “I hope that as members
of a federal body tasked with oversight of the federal executive branch during this unprecedented
public health crisis you refrain from encroaching on the sovereign power of a state government
to deal with state matters.” 1

We trust that the requests below, from this Joint Select Committee of the Michigan Legislature,
will not cause the same concern. Accordingly, we respectfully request the following:

1. In chronological order, all state issued guidance, directives, advisories, or executive

orders regarding hospital discharges to nursing homes, including those previously
superseded.

2. The total number of COVID-19 related nursing home deaths, including deaths that
occurred at the nursing home and deaths of a nursing home patient at a hospital, by day,
between January 1, 2020 and present.

1
https://www.detroitnews.com/story/news/politics/2020/06/22/whitmer-wont-cooperate-gop-
inquiry-virus-nursing-homes/3237273001/.
 3. The total number of COVID-19 related nursing home positive cases, including
individuals who tested positive at a nursing home and individuals who tested positive at a
hospital, by day, between January 1, 2020 and present.

4. The number of confirmed or suspected COVID-19 positive patients returned to a nursing

home or other long-term care facility between March 1, 2020 and present.

5. All information, documents, and communications between the Office of the Governor
and the Michigan Department of Health and Human Services regarding COVID-19
mitigation in nursing homes.

6. All information, documents, and communications between the Michigan Department of

Health and Human Services and any and all representatives of any Michigan long-term
care facility, including without limitation the Health Care Association of Michigan,
related to COVID-19.

7. All information, documents, and communications between the Office of the Governor
and any and all representatives of any Michigan nursing home, including without
limitation the Health Care Association of Michigan, related to COVID-19.

8. All information, documents, and communications related to any complaint involving

COVID-19 in a nursing home submitted to any executive branch entity, including
without limitation, the Department of Licensing and Regulatory Affairs, Bureau of
Community and Health Systems.

9. Please provide all information, documents, and communications related to any review by
the Department of Licensing and Regulatory Affairs involving the potential spread of
COVID-19 in any Michigan nursing home.

10. All information, documents, and communications regarding other states’ policies that
your administration relied upon to determine its policy related to COVID-19 and nursing
homes.

11. Please provide the name of the individual who determined the administration’s policy
related to COVID-19 and nursing homes.
We make these requests in good faith and look forward to your administration’s cooperation.
However, we would be remiss if we failed to note that the JSC possesses the statutory authority
to subpoena this information should that need arise.2 We hope that subpoenas can be avoided,
but please know that we are prepared to exercise this authority if necessary. Michiganders
deserve to know this information and to expect a state government that holds itself accountable.

2
See MCL 4.541; House Concurrent Resolution No. 20 (adopted April 24, 2020).
To the extent you have any questions or concerns about the information we seek, please let us
know. As for timing, please respond within seven days that you will provide the information
requested by a date certain. Thank you for your time attention to such an important issue.

Respectfully,

Rep. Matt Hall Sen. Aric Nesbitt

State Representative State Senator
District 63 District 26