Emma Kaeser, J.D., is a staff attorney with the Network for Public Health Law’s Mid-States Region. Her current areas of focus include legal and policy issues related to privacy, health information sharing, and public health authority. She is particularly interested in work to dismantle punitive systems that harm communities and to advance equitable access to health-affirming services and conditions. At the Network, Emma provides support in the form of research, legal technical assistance, training, and practical resources to assist those working to promote healthier communities.

Before joining the Network, Emma served as a law clerk for the United States District Court for the Central District of California. Prior to that, she worked as a litigation associate at a law firm and had an active pro bono practice advocating for the rights of youth with disabilities through direct services and impact litigation. Emma holds a bachelor’s degree in public policy from Princeton University and a law degree from Stanford Law School. While in law school, Emma worked with the Georgetown Center on Poverty and Inequality, researching and developing resources on school policing and exclusionary school discipline as drivers of racial health inequity among youth.

Articles & Resources

What is the Nondelegation Doctrine and Why Does it Matter to Public Health?

Law & Policy InsightsPublic Health AuthorityEmergency Legal Preparedness and Response

February 8, 2024
by Emma Kaeser

In the wake of the COVID-19 pandemic there has been an onslaught of legal challenges to public health authority, some of which cite a rule known as the nondelegation doctrine. The nondelegation doctrine purports to promote accountability by shifting power from unelected officials to legislatures. But in practice, limiting health officers’ authority can impede a health department’s ability to protect communities from harm.

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Legal Challenges to Dried Blood Spot Use in Michigan Highlight the Role of Informed Consent in Valuable Public Health Activities

Law & Policy InsightsMaternal and Child HealthMechanisms for Advancing Public Health

November 30, 2023
by Emma Kaeser

In the U.S., every state health department operates a newborn screening (NBS) program. NBS programs result in the early diagnosis of serious conditions in over 13,000 babies annually, making it a powerful public health intervention. As NBS requires the collection of personal information, it raises important considerations regarding individual privacy, autonomy, and ethical uses of data.

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HHS’s Newly Updated Security Risk Assessment Tool Helps Entities Better Protect Electronic Health Information

Law & Policy InsightsHealth Information and Data SharingHealth Data Sharing and Privacy

November 2, 2023
by Emma Kaeser

In September, the U.S. Department of Health and Human Services Office for Civil Rights and Office of the National Coordinator for Health Information Technology announced the release of an updated Security Risk Assessment Tool. The tool is designed to make it easier for entities and business associates covered under HIPAA to understand and remediate risks to electronic health information.

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