Emergency Legal Preparedness and Response
During disease outbreaks or natural disasters, jurisdictions may take divergent legal approaches in their responses to national or regional public health threats. Legal authorities vary across states, tribal governments and localities during declared emergencies. Conflicting laws and overlapping jurisdictions further complicate key decisions on when or how to respond.

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Resources

Guidance: State COVID-19 Emergency Declarations

Legal and Health Care Repercussions of the End of the National Public Health Emergency

Legal Repercussions of Public Health Emergency Rescissions

COVID-19 Related Opinions and Orders from the U.S. Supreme Court

CDC Travel Mask Mandate Litigation

Emergency Legal Preparedness: Monkeypox

Legal Handbook for Establishing A Public Health Registry

Legal Liability for Acts of “COVID Denialism”

Federal Vaccine Mandates in Response to COVID-19

Crisis Standards of Care: COVID-19 State Invocations

Proposed Limits on Public Health Authority: Dangerous for Public Health

Federal Vaccine Mandates: Assessing their Legalities

Michigan School Districts’ Legal Authority and Responsibility to Protect Students from COVID-19

COVID-19 and Crisis Standards of Care Implementation: Navigating the Legal Challenges

Guidance: OSHA’s COVID-19 Vaccination Mandate Standard for Large Employers

Guidance: COVID-19 Vaccine Emergency Use Authorizations and Off-label Prescribing – Considerations for Healthcare Providers

COVID-19 Vaccination Mandates: Recent Court Cases

Upgrading Public Health Infrastructure: The Need to Protect, Rebuild, and Strengthen State and Local Public Health Departments

Guidance: Waiver of EMTALA Re: Hospital Implementation of Crisis Standards of Care During the COVID-19 Pandemic

Back-to-School Legal Trends and Challenges Relating to COVID-19

Back to School: Overview of Legal Challenges to Mask and Vaccine Requirements

Guidance: COVID-19 Vaccine and Employer Mandates

Strengthening Public Health Authority to Contain and Prevent Communicable Disease

Proposed Limits on Public Health Authority: Dangerous for Public Health

Ensuring Changes in Emergency Powers and Public Health Authority Will Protect Health

Emergency Legal Preparedness: COVID-19

A New National Strategy for COVID-19 Response: Legal Opportunities and Challenges

COVID-19: Public and Global Health Law and Ethics Across Diverse Systems, Populations and Workforces

COVID-19: Navigating Public Health Emergency Legal Responses Underlying Re-opening State/Local Economies

Summary of Authority and Actions Regarding Public Health Emergencies: Pennsylvania’s Public Health Laws

Summary of Authority and Actions Regarding Public Health Emergencies: Ohio Public Health Code

State Legal Authority to Investigate the Spread of Communicable Disease

Summary of Authority and Actions Regarding Public Health Emergencies: Indiana Public Health Code

COVID-19: Focus on Emerging Constitutional Challenges

Overview of COVID-19 Emergency Declarations

COVID-19 Real-Time Legal Responses: Local Governments on the Frontlines

U.S. Legal Preparedness and Real-time Responses: COVID-19

2019 Novel Coronavirus: Legal Preparedness and Public Health Response Efforts

Legal Emergency Preparedness Resources

Opioid-related Public Health Emergency Declarations

Emergency Legal Preparedness Concerning Ebola

Measles Outbreak: Public Health Authority, New York City’s Immunization Mandate, and the Current Legislative Landscape

Public Health Decision-Making Tool

Preventing Communicable Disease through Vaccination Laws

Learning from the Flint Water Crisis – Protecting the Public’s Health During a Financial Emergency

Public Health Handbook for Communities Under Emergency Management – A Case Study of the Flint Water Crisis

Emergency Manager Law Primer: Protecting the Public’s Health During Financial Emergencies – Lessons Learned from the Flint Water Crisis

Declared States of Emergency – Opioid Crisis

Emergency Legal Preparedness – Hurricanes Harvey, Irma and Maria

Emergency Legal Preparedness and Zika Virus

Legal Liability Protections for Emergency Medical/Public Health Responses

Emergency Declaration Authorities

Summary of Authority & Actions Regarding Public Health Emergencies: Michigan Public Health Code

Federal and Michigan Laws Protecting Individuals from Tort Liability

Emergency Legal Preparedness Concerning Ebola Virus Disease

Ebola Public Health Emergency Legal Preparedness and Response FAQs
Spotlight

Addressing Indoor Air Quality through Model Law

Plata v. Newsom and Its Impact on Health Equity in California’s Prisons

State Medicaid Programs Urgently Need to Prepare for the End of the COVID Public Health Emergency: These Tools and Resources Can Help
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A Closer Look at Emergency Legal Preparedness and Response
Public health officials may face many critical legal and policy decisions during public health emergencies, including:
- Inter-jurisdictional legal coordination of federal, tribal, state and local actors in real-time emergencies under changing legal norms
- The ability to issue isolation or quarantine orders, or other social distancing methods, to control public health threats
- Whether to close or dismiss schools, or other public assemblies, temporarily or for prolonged periods to prevent the spread of communicable diseases
- The authority to mandate vaccinations for minors or autonomous adults, including health care workers
- Licensing, credentialing and privileging out-of-state health practitioners
- Inter-jurisdictional management of scarce resources including personnel, vaccines, shelter and sustenance
- Omnipresent concerns over liability of public health practitioners during emergencies
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