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COVID-19 POLICY PLAYBOOK: Legal Recommendations for a Safer, More Equitable Future

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COVID-19 POLICY PLAYBOOK: Legal Recommendations for a Safer, More Equitable Future CHAPTER 1 • LOREM IPSUM DOLOR SIT AMET, CONSECTETUR ADIPISCING ELIT CRAS VEL TELLUS TELLUS SED VOLUME II • MARCH 2021 COVID-19 POLICY PLAYBOOK: Legal Recommendations for a Safer, More Equitable Future Produced by Public Health Law Watch, an initiative of the George Consortium In collaboration with: Temple University Center for Public Health Law Research ChangeLab Solutions Wayne State University Law School The Network for Public Health Law Center for Health Policy and Law, Northeastern University School of Law Hall Center for Law and Health, Indiana University Robert H. McKinney School of Law Sponsored by: Sponsored by: ASSESSING LEGAL RESPONSES TO COVID-19 • AUGUST 2020 • WWW.COVID19POLICYPLAYBOOK.ORG • I Editorial Committee Scott Burris, JD Professor of Law and Public Health; Director, Center for Public Health Law Research Temple University Sarah de Guia, JD Chief Executive Officer ChangeLab Solutions Lance Gable, JD, MPH Associate Professor of Law Wayne State University Donna E. Levin, JD National Director The Network for Public Health Law Wendy E. Parmet, JD Matthews Distinguished University Professor of Law and Director, Center for Health Policy and Law, Northeastern University School of Law; Professor of Public Policy and Urban Affairs, Northeastern University School of Public Policy and Urban Affairs Nicolas P. Terry, LLM Hall Render Professor of Law and Executive Director of the William S. and Christine S. Hall Center for Law and Health, Robert H. McKinney School of Law Indiana University Acknowledgements Support for this report was generously provided by the de Beaumont Foundation, the American Public Health Association, and the Robert Wood Johnson Foundation. The views expressed here are those of the authors. The Editorial Committee would like to acknowledge the contributions of the following individuals: Faith Khalik (Northeastern University School of Law), Bethany Saxon (Temple University Center for Public Health Law Research), Liz Voyles (Brass Ring Communications), and Leslie Zellers (Public Health Policy & Law); and by research assistants Somer Brown, Olivia Melanson, and Sean Peters. We also thank the following individuals who reviewed portions of the report: Luis Arteaga, Adam Crepelle, Sandro Galea, Daliah Heller, Claude Jacob, Howard Koh, Peter Lurie, Martha Katz, Matthew Pierce, Joshua Sharfstein, Sarah Somers, Silvia Yee, and Ruquaiijah Yearby. Suggested citation: Burris, S., de Guia, S., Gable, L., Levin, D.E., Parmet, W.E., Terry, N.P. (Eds.) (2021). COVID-19 Policy Playbook: Legal Recommendations for a Safer, More Equitable Future. Boston: Public Health Law Watch. COVID-19 POLICY PLAYBOOK: LEGAL RECOMMENDATIONS FOR A SAFER, MORE EQUITABLE FUTURE • MARCH 2021 • WWW. COVID19POLICYPLAYBOOK.ORG • II Contents Summary of Findings and Recommendations for Action .....................................................................................1 Scott Burris, JD, Temple University Beasley School of Law; Sarah de Guia, JD, ChangeLab Solutions; Lance Gable, JD, MPH, Wayne State University Law School; Donna Levin, JD, Network for Public Health Law; Wendy E. Parmet, JD, Northeastern University School of Law; Nicolas P. Terry, LLM, Indiana University Robert H. McKinney School of Law Introduction: Politics, Policies, Laws, and Health in a Time of COVID-19 ............................................................11 Sandro Galea, MD, DrPH, Boston University School of Public Health Using Government Powers to Control the Pandemic.............................................................................15 Chapter 1. Policy Tracking in a Pandemic: Lessons Learned ...............................................................................16 Lindsay K. Cloud, JD, Katie Moran-McCabe, JD, Elizabeth Platt, JD, MA, Nadya Prood, MPH Temple University Beasley School of Law, Center for Public Health Law Research Chapter 2. Is Law Working? Where COVID-19 Legal Epidemiology Goes from Here ............................................22 Evan Anderson, JD, PhD, University of Pennsylvania; Scott Burris, JD, Temple University Beasley School of Law Chapter 3. Contact Tracing, Intrastate and Interstate Quarantine, and Isolation..................................................28 Ross D. Silverman, JD, MPH, Indiana University Richard M. Fairbanks School of Public Health and Indiana University Robert H. McKinney School of Law Chapter 4. Distancing, Movement and Gathering Restrictions, and Business and Activity Control Measures .......33 Lance Gable, JD, MPH, Wayne State University Law School Chapter 5. Surveillance, Privacy, and App Tracking ............................................................................................40 Jennifer D. Oliva, JD, MBA, Seton Hall University School of Law Chapter 6. Improving Data Collection and Management .....................................................................................45 Leah R. Fowler, JD, University of Houston Law Center; Jessica L. Roberts, JD, University of Houston Law Center; Nicolas P. Terry, LLM, Indiana University Robert H. McKinney School of Law Chapter 7. Lessons from the 2020 Election Cycle................................................................................................51 Dawn Hunter, JD, MPH, Network for Public Health Law—Southeastern Region Fulfilling Governmental Responsibility in a Federal System .................................................................57 Chapter 8. Executive Decision Making for COVID-19: Incorporating Equity Considerations .................................58 Peter D. Jacobson, JD, MPH, University of Michigan; Denise Chrysler, JD, The Network for Public Health Law; Abigail Lynch, JD (Expected 2021), MA, University of Michigan Chapter 9. Designing an Independent Public Health Agency (forthcoming) Jacqueline Salwa, Harvard University; Christopher Robertson, JD, PhD, Boston University Chapter 10. Federalism in Pandemic Prevention and Response ..........................................................................64 Lindsay F. Wiley, JD, MPH, American University Chapter 11. Preemption, Public Health, and Equity in the Time of COVID-19 .......................................................69 Kim Haddow, BA, Local Solutions Support Center; Derek Carr, JD, ChangeLab Solutions; Benjamin D. Winig, JD, MPA, Thinkforward Strategies; and Sabrina Adler, JD, ChangeLab Solutions Chapter 12. Beyond the Pandemic: Historical Infrastructure, Funding, and Data Access Challenges in Indian Country ...............................................................................................................................................75 Heather Tanana, JD, MPH, The University of Utah S.J. Quinney College of Law; Aila Hoss, JD, University of Tulsa College of Law COVID-19 POLICY PLAYBOOK: LEGAL RECOMMENDATIONS FOR A SAFER, MORE EQUITABLE FUTURE • MARCH 2021 • WWW. COVID19POLICYPLAYBOOK.ORG • III Contents, continued Financing and Delivering Health Care ..................................................................................................80 Chapter 13. Private Insurance Limits and Responses .........................................................................................81 Elizabeth Weeks, JD, University of Georgia School of Law Chapter 14. Lessons Learned: Strengthening Medicaid to Address Health and Economic Emergencies ...............89 Nicole Huberfeld, JD, Boston University School of Public Health and School of Law; Sidney Watson, JD, Saint Louis University Law School Chapter 15. Caring for the Uninsured .................................................................................................................97 Sara Rosenbaum, JD, Milken Institute School of Public Health, George Washington University; Morgan Handley, JD, Milken Institute School of Public Health, George Washington University Chapter 16. Telehealth and Inequity during the COVID-19 Response ..................................................................102 Cason D. Schmit, JD, Texas A&M University Chapter 17. Assuring Access to Abortion ...........................................................................................................108 Rachel Rebouché, JD, LLM, Temple University, Beasley School of Law Chapter 18. Access to Treatment for Individuals with Opioid Use Disorder ..........................................................113 Corey S. Davis, JD, MSPH, Harm Reduction Legal Project, Network for Public Health Law; Amy Judd Lieberman, JD, Harm Reduction Legal Project, Network for Public Health Law Chapter 19. Legal Strategies for Promoting Mental Health and Wellbeing in Relation to the COVID-19 Pandemic .................................................................................................................................120 Jill Krueger, JD, Network for Public Health Law—Northern Region Chapter 20. Implementation and Enforcement of Quality and Safety in Long-Term Care .....................................126 Tara Sklar, JD, University of Arizona James E. Rogers College of Law Assuring Access to Medicines and Medical Supplies ............................................................................131 Chapter 21. Strategies to Address the Chronic Shortage of N95 Masks and Other Filtering Facepiece Respirators during the COVID-19 Pandemic .......................................................................................................132 Michael S. Sinha, MD, JD, MPH, Harvard-MIT Center for Regulatory Science, Harvard Medical School Chapter 22. COVID-19 as an Example of Why Genomic Sequence Data
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