The Secretary of Health and Human Services (HHS) declared a public health emergency on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. • 115TH CONGRESS 1ST SESSION H. R. 708 To amend title XXVII of the Public Health Service Act to change the permissible age variation in health insurance premium rates. PROJECT GRANTS FOR PREVENTIVE HEALTH SERVICES. 1601 (i) the authority granted by law to an executive department or agency, or the head thereof; or(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. The Secretary of the Department of Health and Human Services (HHS) may, under section 319 of the Public Health Service (PHS) Act, determine that: a) a disease or disorder presents a public health emergency (PHE); or b) that a public health emergency, including significant outbreaks of infectious disease or bioterrorist attacks, otherwise exists. Questions have arisen from states, political subdivisions, and the healthcare community regarding PHE declarations. As of March 12, 2020, 1,645 people from 47 States have been infected with the virus that causes COVID-19. 247d(a)], including any such emergency that was in effect as of the day before the date of the enactment of this Act [June 12, 2002]. (Download a print… SEC. Appendix A Public Health Services Act, Section 317. These authorities include making grants, contracting, and investigating the cause, treatment, or prevention of the disease or disorder underlying the public health emergency. 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. 247d), in … 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.
Section 319 authorizes the secretary to determine that a public health emergency exists. This fact sheet focuses on Section 319 of the PHSA, which governs public health emergencies. 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. In December 2019, a novel (new) coronavirus known as SARS-CoV-2 (“the virus”) was first detected in Wuhan, Hubei Province, People’s Republic of China, causing outbreaks of the coronavirus disease COVID-19 that has now spread globally.
It is incumbent on hospitals and medical facilities throughout the country to assess their preparedness posture and be prepared to surge capacity and capability. This resource is for informational purposes only and is not intended as a substitute for professional legal or other advice.
(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of March, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth. The secretary may use funds from the Public Health Emergency Fund when funds are appropriated for it. I have taken sweeping action to control the spread of the virus in the United States, including by suspending entry of foreign nationals seeking entry who had been physically present within the prior 14 days in certain jurisdictions where COVID-19 outbreaks have occurred, including the People’s Republic of China, the Islamic Republic of Iran, and the Schengen Area of Europe. The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of Health and Human Services (the Secretary) to issue a Declaration to provide liability immunity to certain individuals and entities (Covered Persons) against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures (Covered Countermeasures), except for claims involving “willful misconduct” as defined in the PREP Act… In the case of such an emergency that was in effect as of such day, the 90-day period described … [247b] (a) The Secretary may make grants to States, and in consultation with State health authorities, to political subdivisions of States and to other public entities to assist them in meeting the costs of establishing and maintaining preventive health service programs.
Additional measures, however, are needed to successfully contain and combat the virus in the United States.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. “The amendment made by subsection (a) [amending this section] applies to any public health emergency under section 319(a) of the Public Health Service Act [42 U.S.C. It reflects only portions of the laws relevant to public health emergencies and is not intended to be exhaustive of all relevant legal authority. 1U38HM000454 to the Association of State and Territorial Health Officials; Subcontractor PI Elliott, Logan Circle Policy Group LLC.© 2020 Association of State and Territorial Health Officials The Secretary of Health and Human Services (HHS) declared a public health emergency on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C.
Under section 319 of the Public Health Service (PHS) Act, the Secretary of the Department of Health and Human Services (“Secretary”) can declare a public health emergency (“PHE”).
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