Short title 2. A declared public health emergency activates a range of powers and functions under chapter 8 of the Act. 196 0 obj <> endobj ��f���Hc>���RQEd���ǹ}Z��+�AM�g{�p�f�;����V�7"� r�F��j"�JTNa�ϖS�2��P��{7ׄ�߬�m�}ܳ%��$� d��˰�E!���!�:�����1mɆ[�� 080�8���[�w۱+0�$��Z��>��u���5��}�I��fܔ�!�"��yp$0xF~(#)��$�p(��T�=q�6|��P`�4��9TC��C*�WLk��h�IJD�\G�Ń qy Note: This document was compiled from June–December 2011 and reviewed May 2013; it reflects the laws and programs current then. This resource is for informational purposes only and is not intended as a substitute for professional legal or other advice. %%EOF Adjusting Medicare reimbursement for certain Part B drugs. h�bbd``b`: $g�9 �� h�bbd```b``f�� �i-��|"��H�P0��5��H�-`�i�6�^,R6�,X$ D:}���@����~$�/ ��GZ��.a���q����V�0 ��� The PHS Act forms the foundation of HHS’ legal authority for responding to public health emergencies. 0 Amount of funding available: $35 million. A user-restricted, peer-to-peer discussion board that allows open discussion in near-real time. Over time Congress has added other authorities to the PHSA, the Social Security Act (SSA), the Federal Food, Drug, and Cosmetic Act (FFDCA), and other laws administered by the secretary that allow the secretary to take certain discretionary actions once a public health emergency is determined under Section 319. Summary of S.319 - 116th Congress (2019-2020): Women Veterans and Families Health Services Act of 2019 This determination triggers emergency powers that permit the federal government to engage in activities such as assisting state and local governments, suspending or modifying certain legal requirements, and expending available funds to address the public health emergency. Public Health Service Act, Section 319 (a). These authorities include making grants, contracting, and investigating the cause, treatment, or prevention of the disease or disorder underlying the public health emergency. The secretary may use funds from the Public Health Emergency Fund when funds are appropriated for it. ͆�XD������}Z������|��cX�3 ��S��`a/}(�i{���~[li[�C)�q�'K�P-��=���N��Wwn)��W�U�w�������M�§ �����%mD l�x����� 3. This document contains the text for relevant sections of the Public Health Service (PHS) Act. Project Grants (Cooperative Agreements). The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children’s Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID‑19 outbreak. There is no statutory or regulatory requirement that a state submit a formal request to the secretary for the determination of a public health emergency under PHSA Section 319 or an SSA Section 1135 waiver to be made. The PREP Act was enacted on December 30, 2005, as Public Law 109-148, Division C, Section 2. (Download a printable PDF.). endstream endobj 197 0 obj <. In exercising this authority, the Secretary of HHS shall provide certification and advance written notice to the Congress as required by section 1135(d) of the SSA (42 U.S.C. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. Emergency Authority. Types of Assistance. A determination by the HHS secretary under Section 319 that a public health emergency exists activates the secretary’s emergency powers to provide states with resources and personnel to respond to the emergency and to waive or modify certain legal requirements. 1320b-5(d)). Section 319 of the Public Health Service Act: Public Health Emergencies 42 U.S.C. The Public Health Service Act (PHSA)1 provides the legal authority for the Department of Health and Human Services (HHS), among other things, to respond to public health emergencies. The public health emergency takes effect from its declaration by the Minister. %%EOF "n���&��� V7���A��'L��@#:�Q�@� 9� However, the fact that a state has declared an emergency or requested federal assistance in response to an emergency may be relevant to the secretary's consideration of whether a public health emergency exists. Understand what, if any, effects a §319 determination will have on your state's response and emergency legal authorities with and without a state emergency declaration. 247d-6d and 42 U.S.C. If the same or additional conditions continue to warrant a public health emergency, the secretary may renew the determination for additional 90-day periods. endstream endobj 89 0 obj <>/Metadata 9 0 R/Pages 86 0 R/StructTreeRoot 19 0 R/Type/Catalog/ViewerPreferences 103 0 R>> endobj 90 0 obj <>/MediaBox[0 0 595.32 841.92]/Parent 86 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 91 0 obj <>stream § 247d. Available at, Department of Health and Human Services. Additional measures, however, are needed to successfully contain and combat the virus in the United States. © 2020 Association of State and Territorial Health Officials, Privacy    Copyright    HIV/AIDS Content Notice, Profile of State and Territorial Public Health, Directory of State and Territorial Health Officials, My.ASTHO - Member Collaboration and Discussion Platform, National Public Health Performance Standards, Cross-Sector Partnerships to Address Social Determinants of Health, Correspondence to Congress and the Administration, Public Readiness and Emergency Preparedness Act (PREP Act), https://www.cdc.gov/phlp/docs/ph-emergencies.pdf, www.phe.gov/Preparedness/legal/Pages/phe-qa.aspx. Waiving certain Ryan White HIV/AIDS grant program requirements. Badges Act Chapter 315. A self-service collection of disaster medical, healthcare, and public health preparedness materials, Section 319 authorizes the secretary to determine that a public health emergency exists. The Act authorizes the HHS Secretary to lead federal public Among other things, it authorizes the HHS Secretary to lead all Federal public health … ?�p� �dC�5}Pc�`[��nɿ��Z~��d�yG�x�p& #�)"4T�h�!NB�,Ԗh�ݎ��8hs� ��@C�"x�e,6@�I��f�a���aV ݜ["��rDX.�\�9�)�*�R�dB�#�QDZ?��b��0�P�����r�H���4��6?��ή�u�Y�:}\g��C�iR�UF�R�{�#�{b^bT�e� “Selected Federal Legal Authorities Pertinent to Public Health Emergencies.” September 2009. y��ՃU�!�k�1�����$�M�������! Under section 319 of the Act, the Minister may declare a public health emergency by a signed written order. We expect that individual grant awards will range between $5,000 and $1 million. It amended the Public Health Service (PHS) Act, adding Section 319F-3, which addresses liability immunity, and Section 319F-4, which creates a compensation program. 7��&P�V�6�zs��s��T��I��#H�tw�xVY���HW�:6�:� This determination is sepa… Before issuing a Declaration under the PREP Act, the Secretary is required to determine that a disease or other health condition or threat to health constitutes a public health emergency or that there is a credible risk that the disease, condition, or threat may constitute such an emergency. Public Health Emergencies . �0��7:�P��.P���`�,�d���6֏XʠF �4_f�u��M�LWLNEL�1�Z��)�iv1�v-�zBA'n�ۡ֠���[���yY�k�m%Pۨ�j8�6�x+�EºE+��mGM;,�-"��4m�w��E�m����㚃 N9���v��ܯFXa�G��Y��m����0�7g z�0˞ ��#4��`�.��r�-�a�bK;3�x���:\#ϡ�?Y^co�mw�e�q�M�4yh�Aӆՠq��Vcu�{��N�����j��EMN=�|�w�Mf�a�:�B�� u;�B���ĭN�����v`2���9�[�_��w�����b�뷯vm��# ql�0o�ژfX�D�0�汬8x-l��m`�'��:�~�̲ ���r4���{z����͊��{�p�^dK����7ˋ|��w�� �ϻ&�!�$yM8��$�p�̄��/��4�7�D�"Y�Y|� 316���� $��~. U.S. Department of Health & Human Services, Review Select Technical Assistance Responses. Waiving certain prescription and dispensing requirements under the FFDCA. 247d-6e, respectively. § 247d This section of the Public Health Service Act authorizes the Secretary of the Department of Health and Human Services (HHS) to determine that a public health emergency exists if “1) a This determination triggers emergency powers that permit the federal government to engage in activities such as assisting state and local governments, suspending or modifying certain legal requirements, and expending available funds to address the public health emergency. %PDF-1.5 %���� 142 0 obj <>/Filter/FlateDecode/ID[]/Index[120 59]/Info 119 0 R/Length 113/Prev 534662/Root 121 0 R/Size 179/Type/XRef/W[1 3 1]>>stream Objectives. U.S. Government Publishing Office. (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. It is incumbent on hospitals and medical facilities throughout the country to assess their preparedness posture and be prepared to surge capacity and capability.

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