Public Health Emergency
Navigating Public Health Authorities in an Emergency
The Challenge
During a public health emergency (PHE), law and policy can evolve rapidly. Congress is empowered to take immediate actions, including passing spending bills, to address public health concerns. Various public health and emergency authorities, and even the Secretary of the Department of Health and Human Services, state governments, and the President of the United States can leverage emergency powers to respond to an emergency. It is vital for providers to understand the potential impact of these actions and prepare for these sudden changes. Particularly when a PHE is declared, providers must be prepared to flex outside their standard, day-to-day processes and operations.
Depending on the severity of the emergency, any number of the following may be affected:
- Coverage and payment flexibilities
- Licensure and scope of practice
- Liability protections
- Expedited product approvals
- Grants and contracts
- Resource and personnel deployment
- Transportation and travel
- Personal health information and privacy
The effects of a PHE can arrive with no warning.
The Solution
Epstein Becker Green’s experienced attorneys help health care providers navigate the various policy changes that happen during an emergency. Our attorneys have even advised Presidents of the United States on the impact emergencies have on health care delivery and facilities. In the event of an emergency, our team helps providers by:
- closely tracking and monitoring policy and legislative developments at the state and federal levels in real time as they happen;
- engaging, if necessary, government officials in the course of navigating an emergency response, including the declaration of a PHE;
- continuously observing the short- and long-term impact of PHEs on our health care system.