Public Health and Schools Toolkit

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Supplemental Materials

The Supplemental Materials compilation lists key documents and additional resources about the issues raised in the Public Health & Schools 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—L
At-Risk Individuals and Communities
Biomedical Advanced Research and Development Authority (BARDA)
Countermeasures Injury Compensation Program (CICP)
Emergency Management Assistance Compact (EMAC)
Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP)
Emergency Use Authorization (EUA)
Entity Liability
Family Educational Rights and Privacy Act (FERPA)
Federal Food, Drug and Cosmetics Act (FFDCA)
Federal Tort Claims Act (FTCA)
Food and Drug Administration (FDA)
HHS Office of the Assistant Secretary for Preparedness and Response (ASPR)
Health Insurance Portability and Accountability Act (HIPAA)

 

M—Z
Mutual Aid Agreements
National Emergencies Act (NEA), Section 201 and 301
Pandemic and All-Hazards Preparedness Act (PAHPA)
Pandemic Strategies and Plans
Project BioShield Act
Public Health Service Act, Section 319 - Authorities Related to Public Health Emergencies
Public Readiness and Emergency Preparedness Act (PREP Act)
School Closure Resources
Social Security Act, Section 1135
Uniform Emergency Volunteer Health Practitioners Act (UEVHPA)
U.S. Department of Education (ED)
Vaccination Resources
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. “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/.

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 https://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.

Countermeasures Injury Compensation Program (CICP)

 

Offices/Programs/Activities
Health Resources and Services Administration. “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://.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 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: 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)

 

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

 

Other Resources
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.

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: http://www.gpo.gov/fdsys/pkg/USCODE-2009-title20/pdf/USCODE-2009-title20-chap31-subchapIII-part4-sec1232g.pdf.

Family Educational Rights and Privacy Act Regulations. 34 C.F.R Part 99. Available at http://www2.ed.gov/policy/gen/reg/ferpa/index.html.

U.S. Department of Education. Final Rulemaking “Family Educational Rights and Privacy.” 76 F.R. 75604. December 2, 2011. Available at http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30683.pdf.

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

Other Resources
ASTHO. “Accessing School Health Information for Public Health Purposes” Position Statement (2006). Available at: http://www.astho.org/Advocacy/Policy-and-Position-Statements/.  

U.S. Department of Education. “Family Educational Rights and Privacy Act and H1N1.” October 2009. Available at http://www2.ed.gov/policy/gen/guid/fpco/pdf/ferpa-h1n1.pdf.

U.S. Department of Education. “Joint Guidance on the Application of the Family Educational Rights and Privacy Act and the Health Insurance Portability and Accountability Act of 1996 to Student Health Records.” November 2008. Available at http://www2.ed.gov/policy/gen/guid/fpco/doc/ferpa-hipaa-guidance.pdf

U.S. Department of Education. “Family Educational Rights and Privacy Act (FERPA) and the Disclosure of Student Information Related to Emergencies and Disasters.” June 2010. Available at http://www2.ed.gov/policy/gen/guid/fpco/pdf/ferpa-disaster-guidance.pdf.

U.S. Department of Education. “Family Educational Rights and Privacy Act (FERPA).” Available at http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

U.S. Department of Education. Family Policy Compliance Office. “Letter of Technical Assistance to the Regents of the University of California.” September 17, 1999. Available at http://www2.ed.gov/policy/gen/guid/fpco/ferpa/library/oakland_ca.html

U.S. Department of Education. Family Policy Compliance Office. “Letter to Grossmont-Cuyamaca Community College District (CA) re: Potential Conflict with State Law.” January 16, 2004. Available at http://www2.ed.gov/policy/gen/guid/fpco/ferpa/library/suarezconflict.html

U.S. Department of Education. Family Policy Compliance Office. “Letter to University of New Mexico re: Applicability of FERPA to Health and Other State Reporting Requirements.” November 29, 2004. Available at http://www2.ed.gov/policy/gen/guid/fpco/ferpa/library/baiseunmslc.html

Federal Food, Drug and Cosmetics Act (FFDCA)

 

Public Law, Statute and Regulations
Federal Food, Drug and Cosmetics Act, as amended. Codified at 21 U.S.C. 301 et seq. Available at http://www.fda.gov/RegulatoryInformation/Legislation/FederalFoodDrugandCosmeticActFDCAct/default.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.

Food and Drug Administration (FDA)

 

Offices/Programs/Activities
Food and Drug Administration. Emergency Preparedness and Response website. Available at http://www.fda.gov/EmergencyPreparedness/default.htm.

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 http://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.

U.S. Department of Health and Human Services. Standards for Privacy of Individually Identifiable Health Information. 45 C.F.R. Parts 160 and 164. Available at http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/introdution.html.

Summaries of Law, Statute and Regulations
U.S. Department of Health and Human Services “Summary of HIPAA Privacy Rule” website. Available at http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html.

Stevens GM. Congressional Research Service. A Brief Summary of the HIPAA Medical Privacy Rule (RS20934). April 30, 2003. Available at http://www.law.umaryland.edu/marshall/crsreports/crsdocuments/RS20934.pdf.

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

Other Resources
Chaikind H. et al. Congressional Research Service. The Health Insurance Portability and Accountability Act (HIPAA) of 1996: Overview and Guidance on Frequently Asked Questions (RL31634). January 24, 2005. Available at http://www.law.umaryland.edu/marshall/crsreports/crsdocuments/RL3163401242005.pdf.

U.S. Department of Education. “Joint Guidance on the Application of the Family Educational Rights and Privacy Act and the Health Insurance Portability and Accountability Act of 1996 to Student Health Records.” November 2008. Available at http://www2.ed.gov/policy/gen/guid/fpco/doc/ferpa-hipaa-guidance.pdf

U.S. Department of Health and Human Services, Office for Civil Rights. “Frequently Asked Questions” webpage. Available at http://www.hhs.gov/ocr/privacy/hipaa/faq/index.html

Mutual Aid Agreements

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, 200). 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 Emergencies Act, 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.

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/medicalcountermeasures/ucm346195.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 & 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 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.

Project BioShield Act of 2004

 

Public Law, Statute and Regulations 
Project BioShield Act of 2004. Pub. L. No. 108-276.

Offices/Programs/Activities 
Department of Health and Human Services. “Medical Countermeasures” webpage available at http://www.phe.gov/preparedness/mcm/pages/default.aspx and “Medical Countermeasures.gov” website at http://www.medicalcountermeasures.gov.

Department of Health and Human Services, Office of the Assistant Secretary of Preparedness and Response. “Public Health Emergency” webpage. 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.

Other Resources 
Gottron F. Congressional Research Service. Project BioShield: Purposes and Authorities (RS21507). July 6, 2009. Available at http://www.hsdl.org/?view&did=15074.

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.

U.S. Government Accountability Office. Project BioShield: HHS Can Improve Agency Internal Controls for Its New Contracting Authorities (GAO-09-820). July 21, 2009. Available at http://www.gao.gov/new.items/d09820.pdf.

U.S. Government Accountability Office. Project BioShield Act: HHS Has Supported Development, Procurement, and Emergency Use of Medical Countermeasures to Address Health Threats (GAO-09-878R). July 24, 2009. Available at http://www.gao.gov/new.items/d09878r.pdf.

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.

 

School Closure

 

Key Documents 
U.S. Department of Health and Human Services. “Statement by HHS Secretary Kathleen Sebelius and by Acting CDC Director Dr. Richard Besser Regarding the Change in CDC’s School and Child Care Closure Guidance.” May 5, 2009. Available at http://www.businesswire.com/news/home/20090505006410/en/Statement-HHS-Secretary-Kathleen-Sebelius-Acting-CDC#.VcjHo_lVhBc.  

Other Resources 
Hodge J et al. Legal Preparedness for School Closures in Response to Pandemic Influenza and Other Emergencies. April 2008. Available at http://www.flu.gov/professional/school/schoolclosures.pdf.  

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.

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.

U.S. Department of Education (ED)

 

Offices/Programs/Activities 
U.S. Department of Education, Family Policy Compliance Office (FPCO) website. Available at http://www2.ed.gov/policy/gen/guid/fpco/index.html.

Vaccination Resources

 

Other Resources 
U.S. Centers for Disease Control and Prevention. “Fact Sheet for Vaccine Information Statements” webpage. Updated December 7, 2010. Available at http://www.cdc.gov/vaccines/pubs/vis/vis-facts.htm

U.S. Centers for Disease Control and Prevention. “School Vaccination Requirements, Exemptions and Web links” webpage. Updated July 21, 2011. Available at http://www.cdc.gov/vaccines/imz-managers/laws/

U.S. Centers for Disease Control and Prevention. CDC Guidelines for Large-Scale Influenza Vaccination Clinic Planning. Webpage updated September 14, 2011. Available at http://www.cdc.gov/flu/professionals/vaccination/vax_clinic.htm

U.S. Dept. of Health and Human Services. “School Planning” webpage. Available at http://www.flu.gov/professional/school/index.html

U.S. Centers for Disease Control and Prevention. 2009 H1N1 Influenza School-located Vaccination: Information for Planners. Undated. Available at http://www.flu.gov/professional/school/vaccinschools.html

U.S. Dept. of Education. “Tips for Setting Up a Vaccination Clinic” Fact Sheet. October 8, 2009. Available at http://www2.ed.gov/admins/lead/safety/emergencyplan/pandemic/guidance/h1n1-news.pdf

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 Corp 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 webpage. Available at www.iaiabc.org.

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.