Hostname: page-component-cd9895bd7-jkksz Total loading time: 0 Render date: 2024-12-23T06:02:33.404Z Has data issue: false hasContentIssue false
  • English
  • Français

Addressing Gaps in Health Care Sector Legal Preparedness for Public Health Emergencies

Published online by Cambridge University Press:  08 April 2013

Montrece McNeill Ransom ,
Richard A. Goodman  and
Anthony D. Moulton
Get access Rights & Permissions [Opens in a new window]

Abstract

Health care providers and their legal counsel play pivotal roles in preparing for and responding to public health emergencies. Lawyers representing hospitals, health systems, and other health care provider components are being called upon to answer complex legal questions regarding public health preparedness issues that most providers have not previously faced. Many of these issues are legal issues with which public health officials should be familiar, and that can serve as a starting point for cross-sector legal preparedness planning involving both the public health and health care communities. This article examines legal issues that health care providers face in preparing for public health emergencies, and steps that providers, their legal counsel, and others can take to address those issues and to strengthen community preparedness. (Disaster Med Public Health Preparedness. 2008;2:50–56)

Keywords

health care providerspublic health preparednesslegal issuespublic health emergenciespublic health law
Type
Original Research and Critical Analysis
Information
Disaster Medicine and Public Health Preparedness , Volume 2 , Issue 1 , March 2008 , pp. 50 - 56
Copyright
Copyright © Society for Disaster Medicine and Public Health, Inc. 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

REFERENCES

1.Ransom, MM.Community public health legal preparedness: bridging the gap between public health and health care attorneys. Health Lawyers News. 2004;8:7–9.Google Scholar
2.Disaster Preparedness: Preliminary Observations on the Evacuation of Vulnerable Populations Due to Hurricanes and Other Disasters. GAO-06-790T. Washington, DC: US General Accounting Office 2006 .Google Scholar
3.Gravely, S, Whaley, E. Emergency preparedness and response in a changing world. Health Lawyer. June, 2005;17:3–6.Google Scholar
4.Furrow, BJ.From the doctor to the system: the new demands of health law. Health Matrix. 2003;14:67–90.Google Scholar
5.Mayo, TW.The first 50 years: health laws’ greatest hit. Syracuse Law Rev. 2000;50:1261–1277.Google Scholar
6.Gill, D.Strong pulse charted for health care law. Chicago Lawyer. 1991;1:1.Google Scholar
7.A distinguished health care law practice addresses the future. Metropolitan Corporate Counsel. 2006;14:17.Google Scholar
8.Spatt, WJ, Farrell, JA.Board certification specialty areas: health law. Fla Bar J. 2003;77:52.Google Scholar
9. About AHLA. http://www.healthlawyers.org/Template.cfm?Section=Who_We_Are&Template=/ContentManagement/HTMLDisplay.cfm&ContentID=44251. Accessed January 3, 2007.Google Scholar
10.Stein, RA.This 3-year old is growing fast. ABA J. 1999;94.Google Scholar
11.Simanoff, D. As boomers shift age demographic, the doctor of medical laws is in. Tampa Tribune. February 10, 2006: p 1.Google Scholar
12. The 2006-07 Career Guide to Industries: Health Care. Bureau of Health Statistics Web site. http://www.bls.oco.cg/print/cgs035.htm. Accessed July 20, 2006.Google Scholar
13.Rubenstein, D.Life, death and damages; in-house hospital lawyers have their feet to the fire. Corporate Legal Times. 2001;1.Google Scholar
14.Greely, HT.Rethinking health law: some thoughts on academic health law. Wake Forest Law Rev. 2006;41:394.Google Scholar
15. Public health law awareness among bar association members. American Bar Association Web site. http://www.abanet.org/health/04_government_sub/media/2006-04_ABAResolution-Final.pdf. Accessed January 3, 2007.Google Scholar
16.Goodman, R, Lazzarini, Z, Moulton, AD, et alOther branches of science are necessary to form a lawyer: teaching public health law in law schools. J Law Med Ethics. 2002;30:298.Google Scholar
17.US Department of Labor, OSHA Standard 3152, Hospitals and Community Response 1997 .Google Scholar
18.Joint Commission on the Accreditation of Health Care Organizations Standard EC. 1.4, Standard E.C. 2.4 and Standard EC. 2.9.1.Google Scholar
19.Finan, S.Disaster preparedness: legal issues faced by hospitals in the post-Katrina environment. ABA Health eSource. 2006;3:3.Google Scholar
20.Teutsch, S, Churchill, RE.Principles and Practice of Public Health Surveillance. New York: Oxford University Press 2000 .Google Scholar
21. Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine. Quarantine and Isolation: Lessons Learned from SARS. A Report to the Centers for Disease Control and Prevention. http://louisville.edu/medschool/ibhpl/images/pdf/SARS%20REPORT.pdf. Accessed November 18, 2006.Google Scholar
22.Chorba, T, Berkelman, RL, Safford, SK, Gibbs, NP, Hull, H.Mandatory reporting of infectious diseases by clinicians. JAMA. 1989;262:3018–3026.CrossRefGoogle ScholarPubMed
23.Campos-Outcalt, D, England, R, Porter, B.Reporting communicable diseases by university physicians. Public Health Rep. 1991;106:579.Google Scholar
24.Doyle, T, Glynn, MK, Groseclose, SL.Completeness of notifiable infectious disease reporting in the United States: an analytical literature review. Am J Epidemiol. 2002;155:866–874.CrossRefGoogle ScholarPubMed
25. Department of Health and Mental Hygiene, Board of Health. Notice of Adoption to Amend Article 13 of the New York City Health Code. http://www.nyc.gov/html/doh/downloads/pdf/public/notice-adoption-a1c.pdf. Accessed December 13, 2006.Google Scholar
26.Horton, H, Misrahi, J, Matthews, G, Kocher, P.Critical biological agents: disease reporting as a tool for determining bioterrorism preparedness. J Law Med Ethics. 2002;30:262–266.CrossRefGoogle ScholarPubMed
27.Neslund, V, Goodman, R, Hadler, J. Frontline public health: surveillance and epidemiology.Goodman RA, Lopez W, Matthews G et al Law in Public Health Practice. 2nd ed. New York: Oxford University Press 2007 222–237.CrossRefGoogle Scholar
28. 42 USC §§ 5121-5206.Google Scholar
29. 42 USC 247d.Google Scholar
30. 42 USC 319.Google Scholar
31. 42 USC 360bbb-3.Google Scholar
32. 42 USC 262a.Google Scholar
33. US Department of Health and Human Services. 2005 Hurricane Season: HHS Declares Public Health Emergency for Hurricane Katrina. September 4, 2005, Waiver Under Section 1135 of the Social Security Act. http://www.hhs.gov/katrina/ssawaiver.html. Accessed November 1, 2006.Google Scholar
34. US Department of Health and Human Services Office for Civil Rights. Hurricane Katrina Bulletin: HIPAA Privacy and Disclosures in Emergency Situations. http://privacyruleandresearch.nih.gov/pdf/HurricaneKatrina.pdf. Accessed November 1, 2006.Google Scholar
35. Centers for Medicare and Medicaid Services. CMS Actions to Help Beneficiaries, Providers in Katrina Stricken Areas. http://www.cms.hhs.gov/apps/media/press/release.asp?Counter=1546. Accessed November 1, 2006.Google Scholar
36.Cody, DA, Hall, JC.Katrina Stark waiver. ABA Health E-source. 2005;2:3.Google Scholar
37. Rubin J. Recurring Pitfalls in Hospital Preparedness. http://www.homelandsecurity.org/journal/Articles/rubin.html. Accessed December 11, 2006.Google Scholar
38. Gray BH, Hebert K. After Katrina. Hospitals in Hurricane Katrina: challenges facing custodial institutions in a disaster. Urban Institute Web site. http://www.urban.org/UploadedPDF/411348_katrinahospitals.pdf. Accessed September 23, 2007.Google Scholar
39.Mabin, C. Probe looks at alleged Katrina euthanasia. December 5, 2005. http://www.redorbit.com/news/health/319734/probe_looks_at_alleged_katrina_euthanasia/index.html#. Accessed January 3, 2007.Google Scholar
40.Gonen, JS. Patient Evacuation/Emergency Department Obligations. White paper developed for the American Health Lawyers Association Hurricane Katrina Lessons Learned Supplement. January 25, 2006. On file with author.Google Scholar
41.The Lewin Group. The economic contribution of hospitals. AHA Trendwatch. 2004;6:1.Google Scholar
42.Loutfy, MR, Wallington, T, Rutledge, T, et al Hospital preparedness and SARS. Emerg Infect Dis. 2004;May 10: 5.CrossRefGoogle Scholar
43.Park, BJ, Peck, AJ, Kuehnert, MJ, et al Lack of SARS transmission among health care workers, United States. Emerg Infect Dis. 2004 February 10: 2.Google Scholar
44. US Department of Health and Human Services. HHS Pandemic Influenza Plan. Supplement 3 Health Care Planning. http://www.hhs.gov/pandemicflu/plan/sup3.html. Accessed May 30, 2006.Google Scholar
45. US Department of Health and Human Services. HHS Pandemic Influenza Plan. Part 2. Public Health Guidance on Pandemic Influenza for State and Local Partners. http://www.hhs.gov/pandemicflu/plan/part2.html. Accessed December 20, 2006.Google Scholar
46.Gostin, LO, Sapsin, JW, Teret, SP, et alThe Model State Emergency Health Powers Act: planning for and response to bioterrorism and naturally occurring infectious diseases. JAMA. 2002;288:622–628.Google Scholar
47. The Center for Law and the Public's Health. The Model State Emergency Health Powers Act. Legislative Surveillance Table. http://www.publichealthlaw.net/MSEHPA/MSEHPA%20Surveillance.pdf. Accessed August 8, 2007.Google Scholar
48.NM Stat. Ann. § 12-10-6 (2007).Google Scholar
49.NM Stat. Ann. § 12-10-15 (2007).Google Scholar
50. US Department of Health and Human Services. Emergency System for Advance Registration of Volunteer Health Professionals. Interim Technical and Policy Guidelines, Standards, and Definitions. June 2005. http://www.hrsa.gov/esarvhp/guidelines/default.htm. Accessed January 3, 2007.Google Scholar
51.Tucker, ME.Two options to volunteer in case of emergency. International Medical News Group. Family Practice News. 2006;36:52.Google Scholar
52. Agwunobi JO. Department of Health and Human Services. Testimony on Hospital Disaster Preparedness: Past, Present, and Future. http://www.hhs.gov/asl/testify/t060126.html. Accessed July 10, 2006.Google Scholar
53. Memorandum. Hurricane Katrina and Rita Responses: Legal Lessons. The Center for Law and the Public's Health Web site. http://www.publichealthlaw.net/Research/PDF/Katrina%20-%20Legal%20Lessons%20Learned.pdf. Accessed January 3, 2007.Google Scholar
54. Uniform Emergency Volunteer Health Practitioners Act (UEVHPA): An Overview. The Center for Law and the Public's Health Web site. http://www.publichealthlaw.net/Research/PDF/ESAR%20VHP%20UEVHPA.pdf. Accessed August 8, 2007.Google Scholar
55. The National Conference of Commissioners on Uniform State Laws. The Uniform Emergency Volunteer Health Practitioners Act. Bill Tracking. http://www.uevhpa.org/DesktopDefault.aspx?tabindex=2&tabid=67. Accessed August 8, 2007.Google Scholar
56. Emergency Preparedness, Response, and Recovery Checklist: Beyond the Emergency Management Plan. American Health Lawyers Association Web site. http://www.healthlawyers.org/Content/NavigationMenu/Public_Interest_and_Affairs/Public_Information_Series/pi_EmergencyPreparedness.pdf. Accessed January 3, 2007.Google Scholar
57. Lessons Learned From the Gulf Coast Hurricanes. American Health Lawyers Association Web site. http://www.healthlawyers.org/Content/NavigationMenu/Public_Interest_and_Affairs/Public_Information_Series/Lessons_Learned_from_the_Gulf_Coast_Hurricanes.htm. Accessed June 7, 2007.Google Scholar
58.Choo, K.A good team: ABA, CDC focus on legal aspects of responding to public health emergencies. ABA J. 2006;92:64.Google Scholar