Biomedical Engineering Reference
In-Depth Information
Appendix A Emergency Preparedness,
Response & Recovery Checklist Beyond
the Emergency Management Plan
ELISABETH BELMONT, ESQUIRE, BRUCE MERLIN FRIED, ESQUIRE, JULIANNA S.
GONEN, ESQUIRE ANNE M. MURPHY, ESQUIRE, JEFFREY M. SCONYERS, ESQUIRE,
AND SUSAN F. ZINDER, ESQUIRE
∗
I. Introduction
Healthcare professionals and organizations are
recognized for their central and irreplaceable role
in communities, particularly when natural disasters
or other emergencies occur. As ordinary citizens
may go about their business in the everyday setting,
healthcare providers must prepare routinely for a
variety of emergency situations that may impair
their ability to care for patients on an ongoing
basis.
1
Many state laws and regulations require
hospitals and other licensed healthcare facilities
to engage in emergency planning and drilling.
2
Emergency preparedness, including establishing
and maintaining an emergency management plan,
also is one of the required seven disciplines of
“Management of the Environment of Care” for
organizations accredited by the Joint Commis-
sion on Accreditation of Healthcare Organizations
Source
copyright 2004 by American Health Lawyers Association
∗
The authors wish to express their sincere appreciation to Lori L. Buchsbaum, MPH, who is a J.D. candidate, Winter 2004, at the
American University, and Tisha Bai, who is a J.D. candidate, Spring 2005, at George Washington University Law School, for their
assistance in preparing this publication. Additionally, the authors wish to thank Lori H. Spencer, Esq. for her willingness to offer her
perspective on certain public health law issues. For information about the authors, please see the end of this publication.
1
The Model State Emergency Health Powers Act addresses a number of issues relating to public health emergencies, including:
measures to detect and track potential and existing public health emergencies; declaring a state of public health emergency; special
powers of governors and state public health authorities during a state of public health emergency (including control of property and
persons); dissemination of information regarding public health emergencies; and planning for such emergencies.
See
The Ctr. for
Law and the Public's Health at Georgetown & Johns Hopkins Universities, Ctrs. for Disease Control and Prevention,
The Model State Emergency Health Powers Act (2001) [hereinafter Model State Emergency Health Powers Act
(2001)]; The Draft Model State Emergency Powers Act, Guidelines for Consideration by the States (2001),
available
at
www.nga.org/cda/files/EmerPowersAct.pdf (last visited Sept. 13, 2004). The preamble to the Draft notes that “[b]ecause each state
is responsible for safeguarding the health, security, and well-being of its people, state governments must be able to respond rapidly
and effectively to potential or actual public health emergencies.”
Id
. at 8. The Model Act therefore “grants specific emergency powers
to state governors and public health authorities.”
Id
. Because public health laws vary from state to state, some states may consider
enacting only certain portions of the Act.
2
See
N.Y. Comp. Codes R. & Regs. tit. 10, § 702.7 (2004) (requiring emergency and disaster preparedness for all medical facilities);
see also
Wash. Admin. Code § 246-320-4055 (2004) (establishing conditions for hospital licensure including implementation of
a disaster plan “designed to meet both internal and external disasters”).
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