News & Insights

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.

Financial capability (financial literacy coupled with access to economic opportunity) has a positive, long-term effect on health. However, many people living in the margins financially are not adequately equipped with financial education and training to make the most of their employment or other financial resources. Over the past decade, states have increasingly adopted legislation requiring students in public schools to pass personal finance courses in order to graduate high school.

As a result of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, states now have more legislative power to restrict or expand access to abortion services. One strategy that states are using to pass laws regarding abortion access is to place the issue of abortion on a ballot for voters to decide. These reproductive care access ballot measures are an important litmus test for the inclination of American voters.

“The year ahead is pivotal. The focus on public health has increasingly shifted to state legislatures, where ideological—rather than medical or scientific—considerations are shaping policies.” …

State laws that make it illegal to distribute or use items such as sterile syringes and smoking equipment have resulted in near record levels of drug overdose, hepatitis C infections and injection-related endocarditis due to the sharing of injections and inhalation supplies. Many advocates and observers, including members of the Network’s Harm Reduction Legal Project, have long advocated for the complete repeal of these harmful laws. Minnesota recently became the first state to do so.

With the recission of the federal declaration of public health emergency, tenants lost some protections from the CARES Act and related federal policies. Proposals in the Biden Administration’s Blueprint for a Renters Bill of Rights provides avenues to support tenants in housing and project based rental assistance and expands those protections as negotiated measures between Freddie Mac and the landlord community.

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.

Wetlands absorb and slow floodwaters, help alleviate drought conditions, absorb pollutants, and when left undisturbed, store more carbon than forests. Despite their amazing natural features that help counteract the impacts of climate change, many states currently do not protect wetlands beyond what the Clean Water Act requires, and recently, the U.S. Supreme Court eliminated protections for wetlands that have been in place for decades.

Occupational health is one important pathway for public health practitioners and cross-sector partners to address the adverse and inequitable human health impacts of extreme heat and climate change. Opportunities in the law and policy arena exist for those seeking to take action to protect workers from extreme heat.

School nurses can play a critical role in advancing child and adolescent health — including expanding access to care for many children. However, laws across the country do not yet recognize the importance of school nurses, and only one state requires a full-time registered nurse in every school.

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.

The OCR and FTC have issued renewed warnings regarding the dangers of online tracking technologies and the harm they can pose to the privacy of an individual’s health information. OCR and FTC warn that tracking technologies collect identifiable information, mostly unbeknownst to users, and can lead to violations of three federal laws by regulated entities.