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Open Forum:Government Attorneys and Health Care Organizations Panelists Brenda Carlson; Deputy County Counsel, San Mateo County Ellen Miyasato; Assistant Regional Counsel, US HHS Robert Ragland, Deputy County Counsel, Los Angeles County Jeff Sconyers, VP & General Counsel, Seattle Children’s Hosp. Moderators Marice Ashe, Public Health Law Program Steve Lipton, Davis Wright Tremaine
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Beyond Emergency Management: Questions to Consider A.Isolation & Quarantine Who has authority to implement? What legal procedures are necessary? Are court hearings necessary? B.Patient Diversion What responsibilities under National Disaster Medical System? Are transfer agreements in place?
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Questions (cont’d) C. Patient Tracking and Placement Triage system in place? Management of large numbers of patients? D. Reporting Requirements Disease reporting laws identified?
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Questions (cont’d) E. Personnel Work closures; working quarantine; liability for injury; disaster privileges; scope of practice/delegation of authority; out-of-state practitioners; federal agency practitioners? F. Statutory and Regulatory Considerations OSHA; FMLA/CFRA; ADA; NLRA; FSLA
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Questions (cont’d) G. Potential restructuring of traditional healthcare system to meet public health goals: E.g., triage, discharge, admission, treatment protocols Communication of necessary changes How to implement new standards in traditional systems
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Resources A.American Health Lawyers Association, Emergency Preparedness, Response and Recovery Checklist: Beyond the Emergency Management Plan, part of the Public Information Series available on the Public Interest tab of the AHLA web site www.healthlawyers.org B.Public Health Law Program of the Centers for Disease Control and Prevention, http://www2a.cdc.gov/phlp/ C.Health Officer Practice Guide for Communicable Disease Control in California, http://www.dhs.ca.gov/ps/dcdc/pdf/Dec%2014%20Practice%20Gui de.pdf D.Draft California Pandemic Influenza Preparedness and Response Plan 2006, http://www.dhs.ca.gov/ps/dcdc/pdf/Draft%20Pandemic%20Influenz a%20Plan%201-18-06.pdf
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