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
Emergency Legal Preparedness: Monkeypox
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Guidance: State COVID-19 Emergency Declarations
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COVID-19 Related Opinions and Orders from the U.S. Supreme Court
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CDC Travel Mask Mandate Litigation
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Legal Handbook for Establishing A Public Health Registry
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Legal Liability for Acts of “COVID Denialism”
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Federal Vaccine Mandates in Response to COVID-19
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Crisis Standards of Care: COVID-19 State Invocations
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Proposed Limits on Public Health Authority: Dangerous for Public Health
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Federal Vaccine Mandates: Assessing their Legalities
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Michigan School Districts’ Legal Authority and Responsibility to Protect Students from COVID-19
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COVID-19 and Crisis Standards of Care Implementation: Navigating the Legal Challenges
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Guidance: OSHA’s COVID-19 Vaccination Mandate Standard for Large Employers
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Guidance: COVID-19 Vaccine Emergency Use Authorizations and Off-label Prescribing – Considerations for Healthcare Providers
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COVID-19 Vaccination Mandates: Recent Court Cases
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Upgrading Public Health Infrastructure: The Need to Protect, Rebuild, and Strengthen State and Local Public Health Departments
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Guidance: Waiver of EMTALA Re: Hospital Implementation of Crisis Standards of Care During the COVID-19 Pandemic
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Back-to-School Legal Trends and Challenges Relating to COVID-19
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Back to School: Overview of Legal Challenges to Mask and Vaccine Requirements
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Guidance: COVID-19 Vaccine and Employer Mandates
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Strengthening Public Health Authority to Contain and Prevent Communicable Disease
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Proposed Limits on Public Health Authority: Dangerous for Public Health
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Ensuring Changes in Emergency Powers and Public Health Authority Will Protect Health
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Emergency Legal Preparedness: COVID-19
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A New National Strategy for COVID-19 Response: Legal Opportunities and Challenges
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COVID-19: Public and Global Health Law and Ethics Across Diverse Systems, Populations and Workforces
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COVID-19: Navigating Public Health Emergency Legal Responses Underlying Re-opening State/Local Economies
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Summary of Authority and Actions Regarding Public Health Emergencies: Pennsylvania’s Public Health Laws
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Summary of Authority and Actions Regarding Public Health Emergencies: Ohio Public Health Code
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State Legal Authority to Investigate the Spread of Communicable Disease
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Summary of Authority and Actions Regarding Public Health Emergencies: Indiana Public Health Code
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COVID-19: Focus on Emerging Constitutional Challenges
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Overview of COVID-19 Emergency Declarations
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COVID-19 Real-Time Legal Responses: Local Governments on the Frontlines
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U.S. Legal Preparedness and Real-time Responses: COVID-19
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2019 Novel Coronavirus: Legal Preparedness and Public Health Response Efforts
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Legal Emergency Preparedness Resources
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Opioid-related Public Health Emergency Declarations
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Emergency Legal Preparedness Concerning Ebola
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Measles Outbreak: Public Health Authority, New York City’s Immunization Mandate, and the Current Legislative Landscape
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Public Health Decision-Making Tool
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Preventing Communicable Disease through Vaccination Laws
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Learning from the Flint Water Crisis – Protecting the Public’s Health During a Financial Emergency
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Public Health Handbook for Communities Under Emergency Management – A Case Study of the Flint Water Crisis
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Emergency Manager Law Primer: Protecting the Public’s Health During Financial Emergencies – Lessons Learned from the Flint Water Crisis
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Declared States of Emergency – Opioid Crisis
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Emergency Legal Preparedness – Hurricanes Harvey, Irma and Maria
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Emergency Legal Preparedness and Zika Virus
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Legal Liability Protections for Emergency Medical/Public Health Responses
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Emergency Declaration Authorities
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Summary of Authority & Actions Regarding Public Health Emergencies: Michigan Public Health Code
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Federal and Michigan Laws Protecting Individuals from Tort Liability
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Emergency Legal Preparedness Concerning Ebola Virus Disease
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Ebola Public Health Emergency Legal Preparedness and Response FAQs
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Spotlight
Plata v. Newsom and Its Impact on Health Equity in California’s Prisons
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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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Acknowledging the Profound Health Impact of Vaccines and the Critical Need to Overcome Vaccine Hesitancy
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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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