Whenever the surgeon general determines that by reason of the existence of any communicable disease in a foreign country there is serious danger of the introduction of a disease into the U.S., and that this danger is so increased by the introduction of persons or property from a country that a suspension of the right to introduce persons and property is required in the interest of the public health, the surgeon general, in accordance with regulations approved by the president, will have the power to prohibit, in whole or in part, the introduction of people and property from a countries or places as they will designate in order to avert the danger, and for a period of time as they may deem necessary. The Brennan Center has a detailed chart listing the national emergency statutes in detail. According to The Independent, the Stafford Act, which dates to 1988, allows FEMA to help state and local governments with the $40 billion it controls in disaster relief. The National Emergencies Act (NEA)generally authorizes the president nearly unlimited discretion to declare a national emergency. –The secretary may make a waiver retroactive to the beginning of the emergency period or any subsequent date thereafter. 1) a disease or disorder presents a public health emergency; or. Trump said the Health and Human Services secretary will be able to give healthcare workers and hospitals maximum flexibility to respond to the virus and patients’ needs due to no longer being bound by laws for things like “tele health.” That allows doctors in other states to help states with the greatest need. Presidents have long had broad discretion to declare national emergencies and can tap … Legal Authority without Declaration of a Public Health Emergency. The scope of emergency health powers prompted spirited exchanges in 2001, when academics drafted the Model State Emergency Health Powers Act (MSEHPA) … Act quickly and efficiently in emergencies and disasters. “We will eliminate or remove any obstacle to give our people the care they need and are entitled to,” said Trump. 2004); Ernst Freund, The Police Power: Public Policy and Constitutional Rights iii, 3 (1904). The law, enacted in 1988, empowers the Federal Emergency Management Agency (FEMA) to assist state and local governments during “natural catastrophes” and coordinate the nation’s response. In time of war, or of emergency proclaimed by the president, he may utilize the PHS to promote the public interest. –The immunity applies to entities and individuals involved in the development, manufacture, testing, distribution, administration, and use of such countermeasures. [iii]              42 U.S.C. According to Bloomberg, Trump was also expected to invoke the Stafford Act “to open the door to more federal aid for states and municipalities.” You can learn more about the Stafford Act here. What is it? Recent examples include: Powered by. Regulations will be suspended that will get in the way of treating patients. An emergency declaration can change the legal and operational landscape in which governments, private organizations, and the public operate during an emergency. The president may declare an emergency without the request of a governor or tribal leader if the emergency involves “federal primary responsibility” (such as an event occurring on federal property, for example the bombing of the Murrah Federal Building in 1995). –The secretary’s declaration includes, among other things, the countermeasures covered by the declaration; –The act also authorizes a fund in the U. S. Treasury to provide compensation for injuries directly caused by administration or use of the countermeasure covered by the secretary’s declaration. 2) a public health emergency determination by the secretary under the PHS Act. READ NEXT: Can You Get Coronavirus From Money? 801 et seq. The site explains that Trump has invoked the Stafford Act before to deal with situations like California wildfires and flooding. The SNS (including drugs, vaccines, biological products, medical devices, and other supplies) is maintained by the secretary of HHS, in collaboration with the Centers for Disease Control and Prevention (CDC) director, and in coordination with the secretary of the Department of Homeland Security (DHS), to provide for the emergency health security of the U. S. The secretary may deploy the SNS to respond to an actual or potential public health emergency, protect the public health or safety, or as required by DHS, respond to an actual or potential emergency. 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