PA 87 and Mask Requirements for Childcare Centers

On September 29, 2021, Governor Whitmer signed the 2022 state budget bill, Public Act 87 of 2021(PA 87). PA 87 includes a pro­vision that prohibits and penalizes local health departments from issuing or enforcing certain COVID-19 orders or directives. We ad­dressed the impact of PA 87 on schools in our September 27, 2021 E-Blast, recommending that if a local health officer issues or main­tains an order requiring face masks in schools, school officials should contact their local health department for clarification on whether it intends to enforce that order in light of PA 87. If the local health department intends to enforce a face mask order, we recom­mended that the school follow the order unless and until it is determined illegal or unenforceable by a court of competent jurisdiction.

PA 87 also includes a provision that affects childcare centers. That provision (1) prohibits local health departments from requir­ing masks for children younger than 5 years old, and (2) prohibits LARA from taking any licensing or administrative action against a childcare center for failure to enforce or require the masking of children younger than 5 years old.

If a local health officer issues or maintains an order requiring face masks for children younger than 5 years old, schools that pro­vide childcare services should also contact their local health department for clarification on whether it intends to enforce that or­der in light of PA 87. If a local health department intends to enforce an order requiring masks for children younger than 5 years old in childcare centers, then a school should follow the order, as stated above. Schools that operate childcare centers for children younger than 5 years old should also contact LARA’s Childcare Licensing Bureau to confirm how PA 87’s prohibitions will be interpreted and applied to childcare centers.