Emergency Authority and Immunity Toolkit

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Supplemental Materials

The Supplemental Materials compilation lists key documents and additional resources related to the issues raised in the Emergency Authority & Immunity Toolkit. The documents listed are for reference purposes only and are not a complete listing of resources available on the issue. Individual users are responsible for researching the current text of laws, statutes, regulations, and other materials. The document lists bibliographical information and, where available, online links to the resources. All links are current as of May 30, 2013. Please report broken links to ASTHO at communications@astho.org.

Index

 

General Resources and Compilations


A—E
At-Risk Individuals and Communities
Americans with Disabilities Act (ADA)
Biomedical Advanced Research and Development Authority (BARDA)
Civil Rights Act, Section 1983
Countermeasures Injury Compensation Program (CICP)
Emergency Management Assistance Compact (EMAC)
Emergency Medical Treatment and Labor Act (EMTALA)
Emergency Support Function (ESF)
Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP)
Emergency Use Authorization (EUA)
Entity Liability

F—J
Family Educational Rights and Privacy Act (FERPA)
Federal Employees Compensation Act (FECA)
Federal Tort Claims Act (FTCA)
HHS Office of the Assistant Secretary for Preparedness and Response (ASPR)
Health Insurance Portability and Accountability Act (HIPAA)
Homeland Security Policy Directives (HSPD)

K—O
Medical Reserve Corps (MRC)
Mutual Aid Agreements (MAA)
National Disaster Medical System (NDMS)
National Emergencies Act (NEA), Section 201 and 301
National Health Security Strategy
National Strategy for Homeland Security
National Strategy for Pandemic Influenza
National Incident Management System (NIMS)
National Response Framework (NRF)

P—T
Pandemic and All-Hazards Preparedness Act (PAHPA)
Pandemic Strategies and Plans
Presidential Directives
Presidential Policy Directives (PPD)
Public Health Service Act, Section 319—Authorities Related to Public Health Emergencies
Public Readiness and Emergency Preparedness Act (PREP Act)
Social Security Act, Section 1135
Stafford Act
Strategic National Stockpile (SNS)

U—Z
Uniform Emergency Volunteer Health Practitioners Act (UEVHPA)
Vaccine Injury Compensation Program (VICP)
Volunteer Protection Act (VPA)
Workers’ Compensation and Disability





_______________________________________________________________________________________


General Resources and Compilations


Governmental
Centers for Disease Control and Prevention. Public Health Law Program. “Federal Public Health Emergency Law: Implications for State and Local Preparedness and Response.” Facilitated Teleconference. April 28, 2009. Available at http://www2a.cdc.gov/phlp/webinar_04_29_2009.asp.

Centers for Disease Control and Prevention. Public Health Law Program. “Selected Federal Legal Authorities Pertinent to Public Health Emergencies.” September 2009. Available at http://www.cdc.gov/phlp/docs/ph-emergencies.pdf


HHS Office of the Assistant Secretary for Preparedness and Response. “Legal Authority and Related Guidance” webpage. Available at http://www.phe.gov/Preparedness/planning/authority/Pages/default.aspx.

HHS Office of the Assistant Secretary for Preparedness and Response. “Legal Authority of the Secretary” webpage. Available at http://www.phe.gov/preparedness/support/secauthority/Pages/default.aspx.

Lister SA. Congressional Research Service. The Public Health and Medical Response to Disasters: Federal Authority and Funding (RL33579). August 1, 2008. Available at http://digital.library.unt.edu/ark:/67531/metacrs9495/m1/1/high_res_d/RL33579_2006Jul28.pdf.

Swendiman KS and Jones NL. Congressional Research Service. The 2009 Influenza Pandemic: Selected Legal Issues (R40560). June 15, 2009. Available at http://digital.library.unt.edu/ark:/67531/metadc26152/m1/1/high_res_d/R40560_2009Jun15.pdf.

Other Sources
American Health Lawyers Association. Emergency Preparedness Toolkit. May 4, 2010. Available at http://www.healthlawyers.org/Members/PracticeGroups/THAMC/EmergencyPreparednessToolkit/Pages/default.aspx.



At-Risk Individuals and Communities


Offices/Programs/Activities
HHS Office of the Assistant Secretary for Preparedness and Response. “At Risk Individuals, Behavioral Health, and Human Services Coordination” webpage. Available at http://www.phe.gov/Preparedness/planning/abc/Pages/default.aspx 

Other Resources
Association of State and Territorial Health Officials. “At Risk Populations Project” webpage. Available at http://www.astho.org/Programs/Infectious-Disease/At-Risk-Populations/t-Risk-Populations/.




Americans with Disabilities Act

Public Law, Statute, and Regulations
American with Disabilities Act, as amended. Titles II and III, Pub. L. No. 110-325. Codified at 42 U.S.C. §126. Available at http://www.gpo.gov/fdsys/pkg/USCODE-2005-title42/pdf/USCODE-2005-title42-chap126.pdf.

Offices/Programs/Activities
U.S. Department of Justice. Americans with Disabilities Act. “ADA Home Page” webpage. Available at http://www.ada.gov.




Biomedical Advanced Research and Development Authority (BARDA)


See also “Countermeasures Injury Compensation Program”

Offices/Programs/Activities
HHS Office of the Assistant Secretary for Preparedness and Response. “Biomedical Advanced Research and Development Authority (BARDA)” webpage. Available at http://www.phe.gov/about/barda/Pages/default.aspx.

HHS MedicalCountermeasures.gov webpage. Available at http://www.medicalcountermeasures.gov/default.aspx.

Other Resources
Gottron F. Congressional Research Service. Project BioShield: Authorities, Appropriations, Acquisitions, and Issues for Congress (R41033). March 3, 2011. Available at http://assets.opencrs.com/rpts/R41033_20110303.pdf.




Civil Rights Act, Section 1983


Public Law, Statute, and Regulations
Civil Rights Act, as amended, Section 1983. Codified at 42 U.S.C. §1983. Available at https://www.law.cornell.edu/uscode/text/42/1983.




Countermeasures Injury Compensation Program (CICP)


Offices/Programs/Activities
HRSA. “Countermeasures Injury Compensation Program” webpage. Available at http://www.hrsa.gov/cicp/.

Rules and Regulations
CICP Administrative Rules

A correction to the Interim Final Rules was published on Thursday, October 21, 2010. Available at http://www.hrsa.gov/gethealthcare/conditions/countermeasurescomp/cicp_final_rule_correction.pdf.

The CICP Administrative Implementation Interim Final Rule was published in the Federal Register on Friday, October 15, 2010. Available at http://www.hrsa.gov/gethealthcare/conditions/countermeasurescomp/cicp_admin_final_rule.pdf.




Emergency Management Assistance Compact (EMAC)


Public Law, Statute, and Regulations 
Emergency Management Assistance Compact. Pub. L. No. 104-321. Available at http://www.gpo.gov/fdsys/pkg/PLAW-104publ321/pdf/PLAW-104publ321.pdf.

Key Documents
Emergency Management Assistance Compact. Articles of Agreement. Available at http://www.emacweb.org.

Summaries of Law, Statute, and Regulations
Government Accountability Office. Emergency Management Assistance Compact: Enhancing EMAC's Collaborative and Administrative Capacity Should Improve National Disaster Response (GAO-07-854). June 2007. Available at http://www.gao.gov/new.items/d07854.pdf.

Lindsay B. Congressional Research Service. The Emergency Management Assistance Compact (EMAC): An Overview (RL34585). July 21, 2008. Available at http://www.policyarchive.org/handle/10207/bitstreams/20206.pdf.

Offices/Programs/Activities
Emergency Management Assistance Compact website. Available at http://www.emacweb.org.

Other Resources
CDC Public Health Law Program. “Mutual Aid” webpage. Available at http://www.cdc.gov/phlp/publications/topic/mutual_aid.html .

Emergency Management Assistance Compact. Model Intrastate Mutual Aid Legislation (March 2004). Available at http://www.emacweb.org.

Federal Emergency Management Agency. “Mutual Aid Agreements for Public Assistance and Fire Management Assistance” (Disaster Assistance Policy 9523.6). August 13, 2007. Available at http://www.fema.gov/9500-series-policy-publications/95236-mutual-aid-agreements-public-assistance-fire-management.

Hodge J et al. Model Memorandum of Understanding Between Hospitals During Declared Emergencies. June 15, 2009. Available at http://www.bt.cdc.gov/planning/emac/pdf/PACER_Model_MOU.pdf.

U.S. EPA. “Mutual Aid and Assistance” webpage. Available at http://water.epa.gov/infrastructure/watersecurity/mutualaid/index.cfm.




Emergency Medical Treatment and Active Labor Act (EMTALA)


Public Law, Statute, and Regulations
• Emergency Medical Treatment and Active Labor Act, as amended. Codified at 42 U.S.C. §1395dd. Available at http://www.gpo.gov/fdsys/pkg/USCODE-2008-title42/pdf/USCODE-2008-title42-chap7-subchapXVIII-partE-sec1395dd.pdf.




Emergency Support Function (ESF)


See "National Response Framework"



 

Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP)


Offices/Programs/Activities
HHS Office of the Assistant Secretary for Preparedness and Response. “About ESAR-VHP” webpage. Available at http://www.phe.gov/esarvhp/pages/about.aspx.

Health Resources and Services Administration. Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP)—Legal and Regulatory Issues. Draft Report—May 2006. Available at http://www.publichealthlaw.net/Research/PDF/ESAR%20VHP%20Report.pdf.

Other Resources
Hodges JG and Arias JJ. “Liability Risks and Protections for Volunteer Health Practitioners in Emergencies.” Presentation to the Public Health Law Network-Western Region. November 2010. Available at https://www.networkforphl.org/_asset/5ywvc8/Western-Region---VHP-Liability-Webinar-12-2.pdf.




Emergency Use Authorization (EUA)


See also “ASTHO Emergency Use Authorization Toolkit”

Federal Food, Drug, and Cosmetic Act 564, as amended. Codified at 21 U.S.C. 564.

Pandemic and All-Hazards Preparedness Reauthorization Act of 2013. Pub. L. No. 113-5. (127 STAT. 161). Available at  http://www.gpo.gov/fdsys/pkg/BILLS-113hr307enr/pdf/BILLS-113hr307enr.pdf  

U.S. Food and Drug Administration. Emergency Use Authorization of Medical Products Guidance. July 2007. Available at http://www.fda.gov/RegulatoryInformation/Guidances/ucm125127.htm

U.S. Food and Drug Administration. "Emergency Use Authorization" webpage. Available at http://www.fda.gov/emergencypreparedness/counterterrorism/ucm182568.htm

U.S. Food and Drug Administration. "Pandemic and All Hazards Preparedness Reauthorization Act of 2013. (PAHPRA FDA Medical Countermeasure Authorities)" webpage. Available at http://www.fda.gov/EmergencyPreparedness/Counterterrorism/MedicalCountermeasures/MCMLegalRegulatoryandPolicyFramework/ucm359581.htm.

U.S. Food and Drug Administration and the U.S. Centers for Disease Control and Prevention. "Emergency Use Authorization" online course. Available at http://www.bt.cdc.gov/training/eua/index.html

Sherman S. Department of Health and Human Services. "Public Health Emergencies Authorities: Determinations and Declarations." Presentation at Federal, State, and Local Public Health Preparedness meeting. Baltimore, Maryland. December 14-15, 2010. Available at http://www.fda.gov/emergencypreparedness/counterterrorism/ucm247676.htm

Medical Countermeasures Dispensing: Emergency Use Authorization and the Postal Model. Workshop Summary. Institute of Medicine (US). Forum on Medical and Public Health Preparedness for Catastrophic Events. Washington (DC). National Academies Press (US). 2010. Available at http://books.nap.edu/openbook.php?record_id=12952.




 

Entity Liability



Key Documents
Public/Private Legal Preparedness Initiative. North Carolina Institute for Public Health. “Good Samaritan Entity Liability Protection Initiative” webpage. Available at http://nciph.sph.unc.edu/law/good_sam.htm.

Other Resources
Nonprofit Risk Management Center. State Liability Laws for Charitable Organizations and Volunteers. Updated as of December 2009. Available at www.probonopartner.org/FileLib/Documents/nonprofitriskmgmtstateliability.pdf.

Uniform Emergency Volunteer Health Practitioners Act (UEVHPA). Uniform Law Commission. “Emergency Volunteer Health Practitioners” website. Available at http://uniformlaws.org/Act.aspx?title=Emergency%20Volunteer%20Health%20Practitioners.




Family Educational Rights and Privacy Act (FERPA)


Public Law, Statute, and Regulations
Family Educational Rights and Privacy Act, as amended. Codified at 20 U.S.C. § 1232g. Available at www.gpo.gov/fdsys/pkg/USCODE-2009-title20/pdf/USCODE-2009-title20-chap31-subchapIII-part4-sec1232g.pdf.

Offices/Programs/Activities
U.S. Department of Education. “Family Educational Rights and Privacy Act (FERPA)” website. Available at www.ed.gov/policy/gen/guid/fpco/ferpa/index.html .




Federal Employees Compensation Act (FECA)

Public Law, Statute, and Regulations
Federal Employees Compensation Act of 1993. Pub. L. No. 103-5. Codified at 5 U.S.C. 8101 et seq. Available at http://www.dol.gov/compliance/laws/comp-feca.htm.




Federal Tort Claims Act (FTCA)


Public Law, Statute, and Regulations
Federal Tort Claims Act, as amended. Codified at 28 U.S.C. §§1346(b), 2671-2680. Available at http://origin.www.gpo.gov/fdsys/pkg/USCODE-2009-title28/pdf/USCODE-2009-title28-partIV-chap85-sec1346.pdf and http://uscode.house.gov/download/pls/28C171.txt.




HHS Office of the Assistant Secretary for Preparedness and Response (ASPR)


Offices/Programs/Activities
HHS Office of the Assistant Secretary for Preparedness and Response website. Available at www.phe.gov/preparedness/support/secauthority/Pages/default.aspx.



Health Insurance Portability and Accountability Act (HIPAA)

Public Law, Statute, and Regulations
Health Insurance Portability and Accountability Act of 1996. Pub. L. No. 104-191. Codified at 42 U.S.C. §1320d et seq. and §300gg; and 29 U.S.C §1181 et seq. Available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=104_cong_public_laws&docid=f:publ191.104.

Offices/Programs/Activities
HHS Office of Civil Rights. “Understanding Health Information Privacy” website. Available at www.hhs.gov/ocr/privacy/hipaa/understanding/index.html.




Homeland Security Policy Directives (HSPD)


See “Presidential Directives”



Medical Reserve Corps (MRC)


Offices/Programs/Activities
Medical Reserve Corps webpage. Available at http://www.medicalreservecorps.gov/HomePage.




Mutual Aid Agreements (MAA)


See also “Emergency Management Assistance Compact”

Other Resources
CDC Public Health Law Program. “Mutual Aid” webpage. Available at http://www.cdc.gov/phlp/publications/topic/mutual_aid.html .

Emergency Management Assistance Compact. Model Intrastate Mutual Aid Legislation. March 2004. Available at http://www.emacweb.org.

Federal Emergency Management Agency. “Mutual Aid Agreements for Public Assistance and Fire Management Assistance” (Disaster Assistance Policy 9523.6). August 13, 2007. Available at http://www.fema.gov/9500-series-policy-publications/95236-mutual-aid-agreements-public-assistance-fire-management .

Hodge J et al. Model Memorandum of Understanding Between Hospitals During Declared Emergencies. June 15, 2009). Available at http://www.bt.cdc.gov/planning/emac/pdf/PACER_Model_MOU.pdf.

U.S. EPA. “Mutual Aid and Assistance” webpage. Available at http://water.epa.gov/infrastructure/watersecurity/mutualaid/index.cfm.




National Disaster Medical System (NDMS)


Offices/Programs/Activities
HHS Office of the Assistant Secretary for Preparedness and Response, “National Disaster Medical System” webpage. Available at http://www.phe.gov/preparedness/responders/ndms/Pages/default.aspx.




National Emergencies Act (NEA), Section 201 and 301

Public Law, Statute, and Regulations
National Emergencies Act. Pub. L. No. 94-412. Codified at 50 U.S.C. §§ 1621, 1631. Available at http://www.gpo.gov/fdsys/pkg/USCODE-2009-title50/html/USCODE-2009-title50-chap34.htm.

Offices/Programs/Activities
Presidential Declaration of National Emergency for H1N1. October 24, 2009. Available at http://www.whitehouse.gov/the-press-office/declaration-a-national-emergency-with-respect-2009-h1n1-influenza-pandemic-0.

Other Resources
Relyea HC. Congressional Research Service. National Emergency Powers (98-505). August 30, 2007. Available at http://www.fas.org/sgp/crs/natsec/98-505.pdf.




National Health Security Strategy


Strategy Documents
U.S. Department of Health and Human Services. National Health Security Strategy of the United States of America. December 2009. Available at http://www.phe.gov/Preparedness/planning/authority/nhss/strategy/Documents/nhss-final.pdf.

Offices/Programs/Activities
HHS Office of the Assistant Secretary for Preparedness and Response. “National Health Security Strategy” webpage. Available at http://www.phe.gov/Preparedness/planning/authority/nhss/Pages/default.aspx.




National Strategy for Homeland Security


Strategy Documents
U.S. Homeland Security Council. “National Strategy for Homeland Security.” October 2007. Available at http://www.hsdl.org/?view&did=479633 .

U.S. Office of Homeland Security. “National Strategy for Homeland Security.” July 2002. Available at http://www.dhs.gov/sites/default/files/publications/nat-strat-hls-2002.pdf.


National Strategy for Pandemic Influenza


See “Pandemic Strategies”



National Incident Management System (NIMS)

Key Documents
Department of Homeland Security. National Incident Management System. December 2008. Available at http://www.fema.gov/pdf/emergency/nims/NIMS_core.pdf.

Offices/Programs/Activities
Department of Homeland Security. “NIMS Resource Center” webpage. Available at http://www.fema.gov/national-incident-management-system.




National Response Framework (NRF)


(formerly National Response Plan)

Key Documents
Department of Homeland Security. National Response Framework. January 2008. Available at www.fema.gov/pdf/emergency/nrf/nrf-core.pdf.

Federal Emergency Management Agency. Emergency Support Function #8—Public Health and Medical Services Annex. May 2013. Available at www.fema.gov/library/viewrecord.do?id=7359.  


Federal Emergency Management Agency. Emergency Support Function #6—Mass Care, Emergency Assistance, Housing, and Human Services. May 2013. Available at www.fema.gov/library/viewrecord.do?id=7355 .

Other Resources

Federal Emergency Management Agency. "National Planning Frameworks" webpage. Available at http://www.fema.gov/national-planning-frameworks.

Lister SA. Congressional Research Service. The Public Health and Medical Response to Disasters: Federal Authority and Funding (RL33579). August 1, 2008. Available at https://www.fas.org/sgp/crs/misc/RL33579.pdf.




Pandemic and All-Hazards Preparedness Act (PAHPA)


Public Law, Statute, and Regulations
Pandemic and All-Hazards Preparedness Act of 2006. Pub. L. No. 109-417. (120 STAT. 2831). Available at http://www.gpo.gov/fdsys/pkg/PLAW-109publ417/pdf/PLAW-109publ417.pdf.

Pandemic and All-Hazards Preparedness Reauthorization Act of 2013. Pub. L. No. 113-5. (127 STAT. 161). Available at http://www.gpo.gov/fdsys/pkg/BILLS-113hr307enr/pdf/BILLS-113hr307enr.pdf.

Codified, in part, in the Public Health Service Act. 42 U.S.C. 201 et seq. Available at http://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap6A.pdf.

Summaries of Law, Statute, and Regulations
Department of Health and Human Services. “Pandemic and All Hazards Preparedness Act” webpage. Available at http://www.phe.gov/Preparedness/legal/pahpa/Pages/default.aspx.

Lister SA and Gottron F. Congressional Research Service. The Pandemic and All-Hazards Preparedness Act (P.L. 109-417): Provisions and Changes to Preexisting Law (RL33589). March 12, 2007. Available at http://www.fas.org/programs/bio/resource/documents/CRS%20-%20PAHPA%203-07.pdf.

Offices/Programs/Activities
HHS Assistant Secretary for Preparedness and Response website. Available at http://www.phe.gov/preparedness/pages/default.aspx.

U.S. Food and Drug Administration.  "Pandemic and All Hazards Preparedness Reauthorization Act of 2013.  (PAHPRA FDA Medical Countermeasure Authorities)" webpage. Available at http://www.fda.gov/EmergencyPreparedness/Counterterrorism/MedicalCountermeasures/MCMLegalRegulatoryandPolicyFramework/ucm359581.htm.

HHS Status Reports on PAHPA Implementation
HHS Assistant Secretary for Preparedness and Response. Pandemic and All-Hazards Preparedness Act Public Law 109-417 Progress Report. November 2007. Available at http://healthyamericans.org/reports/bioterror07/PAHPAProgressReport.pdf.

HHS Assistant Secretary for Preparedness and Response. Progress Report on the Implementation of Provisions Addressing At-Risk Individuals. August 2008. Available at http://www.phe.gov/Preparedness/legal/pahpa/Documents/pahpa-at-risk-report0901.pdf.

HHS Assistant Secretary for Preparedness and Response. Telehealth Report to Congress. January 2009. Available at http://www.phe.gov/Preparedness/legal/pahpa/Documents/telehealthrtc-091207.pdf.



Pandemic Strategies and Plans


Key Documents
Homeland Security Council. The National Strategy for Pandemic Influenza. November 2005. Available at http://www.flu.gov/professional/federal/pandemic-influenza.pdf.

Homeland Security Council. National Strategy for Pandemic Influenza: Implementation Plan. May 2006. Available at http://www.flu.gov/professional/federal/pandemic-influenza-implementation.pdf.

HHS. HHS Pandemic Influenza Plan. November 2005. Available at http://www.flu.gov/planning-preparedness/federal/hhspandemicinfluenzaplan.pdf  .

Department of Homeland Security. Pandemic Influenza Preparedness, Response, and Recovery Guide for Critical Infrastructure and Key Resources. September 2006. Available at http://www.flu.gov/professional/pdf/cikrpandemicinfluenzaguide.pdf.

CDC. National Biosurveillance Strategy for Human Health (NBSHH). July 2012. Available at https://www.whitehouse.gov/sites/default/files/National_Strategy_for_Biosurveillance_July_2012.pdf.

Offices/Programs/Activities
Flu.gov. Available at http://www.flu.gov.




Presidential Directives


Key Documents
Department of Homeland Security. Homeland Security Presidential Directive 5: Management of Domestic Incidents. February 28, 2003. Available at http://training.fema.gov/EMIweb/is/icsresource/assets/HSPD-5.pdf.

Department of Homeland Security. Presidential Policy Directive/PPD-8: National Preparedness. March 30, 2011. Available at http://www.dhs.gov/xabout/laws/gc_1215444247124.shtm.

Department of Homeland Security. Homeland Security Presidential Directive 21: Public Health and Medical Preparedness. October 18, 2007. Available at http://fas.org/irp/offdocs/nspd/hspd-21.htm.

Other Resources
Relyea HC. Congressional Research Service. Presidential Directives: Background and Overview (98-611). November 26, 2008. Available at http://fas.org/irp/offdocs/nspd/hspd-21.htm.




Presidential Policy Directives (PPD)


See “Presidential Directives”



Public Health Service Act, Section 319—Authorities Related to Public Health Emergencies


Public Law, Statute, and Regulations
PHS Act Sec. 319. Codified at 42 U.S.C. § 247d. Available at http://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/html/USCODE-2009-title42-chap6A-subchapII.htm.




Public Readiness and Emergency Preparedness Act (PREP Act)

 

See also “Countermeasures Injury Compensation Program”

Public Law, Statute, and Regulations
Public Readiness and Emergency Preparedness Act of 2005. Pub. L. No. 109-417 (120 STAT. 2831). Available at http://www.gpo.gov/fdsys/pkg/PLAW-109publ417/pdf/PLAW-109publ417.pdf.

Codified in the Public Health Service Act at 42 U.S.C. §§ 247d-6d, 247d-6e. Available at http://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/html/USCODE-2009-title42-chap6A-subchapII.htm.

Offices/Programs/Activities
Department of Health and Human Services. “Public Readiness and Emergency Preparedness Act” webpage. Available at http://www.phe.gov/Preparedness/legal/prepact/Pages/default.aspx.

Department of Health and Human Services. “Public Readiness and Emergency Preparedness Act Questions and Answers” webpage. Available at http://www.phe.gov/Preparedness/legal/prepact/Pages/prepqa.aspx.

Public Readiness and Emergency Preparedness Act (PREP) Act Declarations
Current and Expired PREP Act Declarations:

http://www.phe.gov/Preparedness/legal/prepact/Pages/default.aspx




Social Security Act, Section 1135


Public Law, Statute, and Regulations
• Social Security Act, Section 1135. Codified at 42 U.S.C. § 1320b-5. Available at http://www.ssa.gov/OP_Home/ssact/title11/1135.htm.

Summaries of Law, Statute, and Regulations
• Department of Health and Human Service. “Public Health Emergency Declaration Q&As” webpage. Available at http://www.phe.gov/Preparedness/legal/Pages/phe-qa.aspx.

Offices/Programs/Activities
• CMS. “Emergency” webpage. Available at http://www.cms.gov/Emergency.

• CMS. “Medicare Fee-For-Service Emergency and Disaster-Related Policies and Procedures That May Be Implemented Only With a §1135 Waiver.” October 3, 2011. Available at http://www.cms.gov/Emergency/downloads/MedicareFFS-EmergencyQsAs1135Waiver.pdf.

• CMS. “Medicare Fee-For-Service Emergency-Related Policies and Procedures That May Be Implemented Without §1135 Waivers.” October 30, 2011. Available at http://www.cms.gov/Emergency/Downloads/Consolidated_Medicare_FFS_Emergency_QsAs.pdf.

• CMS. “Requesting an 1135 Waiver.” November 4, 2009. Available at http://www.cms.gov/H1N1/Downloads/RequestingAWaiver101.pdf.




Stafford Act

 

Public Law, Statute, and Regulations
Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988. Pub. L. No. 100-707. Codified at 42 U.S.C. §§ 5121-5207. Available at http://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/html/USCODE-2009-title42-chap68.htm.

Policies

FEMA. "Pandemic Influenza Fact Sheet" website. Available at http://www.fema.gov/pandemic-influenza/pandemic-influenza-fact-sheet.

See also FEMA. Emergency Assistance for Human Influenza Pandemic Disaster Assistance Policy 9523.17. November 25, 2009.

FEMA. “Hazard Mitigation Grant Program (HMGP)” webpage. Available at http://www.fema.gov/hazard-mitigation-grant-program#.

FEMA. Mutual Aid Agreements for Public Assistance and Fire Management Assistance Disaster Assistance Policy 9523.6. August 13, 2007. Available at http://www.fema.gov/9500-series-policy-publications/95236-mutual-aid-agreements-public-assistance-fire-management.

FEMA. “Public Assistance Grants Policy and Guidance” webpage. Available at http://www.fema.goc/public-assistance-policy-and-guidance.


Offices/Programs/Activities
Federal Emergency Management Agency webpage. Available at http://www.fema.gov






Strategic National Stockpile (SNS)


Offices/Programs/Activities
CDC. “Strategic National Stockpile” website. Available at http://www.cdc.gov/phpr/stockpile/stockpile.htm.


Uniform Emergency Volunteer Health Practitioners Act (UEVHPA)

 

Resources
Uniform Emergency Volunteer Health Practitioners Act (UEVHPA). Uniform Law Commission. “Emergency Volunteer Health Practitioners” website. Available at http://uniformlaws.org/Act.aspx?title=Emergency%20Volunteer%20Health%20Practitioners.




Vaccine Injury Compensation Program (VICP)



Offices/Programs/Activities
• Health Resources and Services Administration. “National Vaccine Injury Compensation Program (VICP)“ webpage. Available at http://www.hrsa.gov/vaccinecompensation/default.htm.




Volunteer Protection Act (VPA)


Public Law, Statute, and Regulations
Volunteer Protection Act of 1997. Pub. L. No. Pub. L. 105-19. Codified at 42 USC §14501 et seq. Available at http://www.gpo.gov/fdsys/pkg/PLAW-105publ19/pdf/PLAW-105publ19.pdf.

Other Resources
Chu V. Congressional Research Service. Emergency Response: Civil Liability of Volunteer Health Professionals (R40176). January 19, 2011. Available at http://www.fas.org/sgp/crs/misc/R40176.pdf.

Federal Emergency Management Agency. Citizen Corps Volunteer Liability Guide (undated). Available at http://www.citizencorps.gov/councils/volunteer_mgmt.shtm.

Health Resources and Services Administration. Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP)—Legal and Regulatory Issues. Draft Report—May 2006. Available at http://www.publichealthlaw.net/Research/PDF/ESAR%20VHP%20Report.pdf.

Hodges JG and Arias JJ. “Liability Risks and Protections for Volunteer Health Practitioners in Emergencies.” Presentation to the Public Health Law Network-Western Region. November 2010. Available at https://www.networkforphl.org/_asset/5ywvc8/Western-Region---VHP-Liability-Webinar-12-2.pdf.

Hoffman S. “Responders’ Responsibility: Liability and Immunity in Public Health Emergencies.” 96 Geo. L.J. 1913, 1944. 2008.

Non-Profit Risk Management Center. State Liability Laws for Charitable Organizations and Volunteers. Updated as of December 2009. Available at http://www.probonopartner.org/FileLib/Documents/nonprofitriskmgmtstateliability.pdf.

Uniform Emergency Volunteer Health Practitioners Act (UEVHPA). Uniform Law Commission. “Emergency Volunteer Health Practitioners” website. Available at http://uniformlaws.org/Act.aspx?title=Emergency%20Volunteer%20Health%20Practitioners.




Workers' Compensation and Disability

Summaries of Law, Statute, and Regulations
U.S. Dept. of Labor. “Summary of the Major Laws of the Department of Labor” webpage. Available at http://www.dol.gov/opa/aboutdol/lawsprog.htm.

Other Resources 
International Association of Industrial Accident Boards and Commissions. Available at http://www.iaiabc.org/iaiabc/default.asp.

Mashaw J and Reno V, eds. National Academy of Social Insurance. The Environment of Disability Income Policy: Programs, People, History, and Context: Interim Report of the Disability Policy Panel. August 1996. Available at http://www.nasi.org/research/1996/environment-disability-income-policy-programs-people-history.

Sengupta I.et al. National Academy of Social Insurance. Workers’ Compensation: Benefits, Coverage, and Costs, 2008. September 2010. Available at http://www.nasi.org/research/workers-compensation.