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Kentucky's Public Health Emergency Preparedness Plans

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Kentucky's Public Health Emergency Preparedness Plans Kentucky’s Public Health Emergency Preparedness Plans Research Report No. 468 December 2020 Kentucky Legislative Research Commission SENATE HOUSE Robert Stivers David W. Osborne President, LRC Co-Chair Speaker, LRC Co-Chair David P. Givens David Meade President Pro Tempore Speaker Pro Tempore Damon Thayer Steven Rudy Majority Floor Leader Majority Floor Leader Morgan McGarvey Joni L. Jenkins Minority Floor Leader Minority Floor Leader Julie Raque Adams Suzanne Miles Majority Caucus Chair Majority Caucus Chair Johnny Ray Turner Derrick Graham Minority Caucus Chair Minority Caucus Chair Mike Wilson Chad McCoy Majority Whip Majority Whip Dennis Parrett Angie Hatton Minority Whip Minority Whip Jay D. Hartz, Director The Kentucky Legislative Research Commission is a 16-member committee that comprises the majority and minority leadership of the Kentucky Senate and House of Representatives. Under Chapter 7 of the Kentucky Revised Statutes, the Commission constitutes the administrative office for the Kentucky General Assembly. Its director serves as chief administrative officer of the legislature when it is not in session. The Commission and its staff, by law and by practice, perform numerous fact-finding and service functions for members of the General Assembly. The Commission provides professional, clerical, and other employees required by legislators when the General Assembly is in session and during the interim period between sessions. These employees, in turn, assist committees and individual members in preparing legislation. Other services include conducting studies and investigations, organizing and staffing committee meetings and public hearings, maintaining official legislative records and other reference materials, furnishing information about the legislature to the public, compiling and publishing administrative regulations, administering a legislative intern program, conducting a presession orientation conference for legislators, and publishing a daily index of legislative activity during sessions of the General Assembly. The Commission also is responsible for statute revision; publication and distribution of the Acts and Journals following sessions of the General Assembly; and maintenance of furnishings, equipment, and supplies for the legislature. The Commission functions as Kentucky’s Commission on Interstate Cooperation in carrying out the program of The Council of State Governments as it relates to Kentucky. Kentucky’s Public Health Emergency Preparedness Plans Project Staff DeeAnn Wenk Kevin Devlin Miriam Fordham Chris Joffrion Bart Liguori Alisha Miller Deborah Nelson Kevin Newton Joe Pinczewski-Lee Katie Scott Dana Simmons Allison Stevens Shyan Stivers Scott Tremoulis Research Report No. 468 Legislative Research Commission Frankfort, Kentucky legislature.ky.gov December 2020 Paid for with state funds. Available in alternative format by request. Legislative Research Commission Foreword Foreword On May 28, 2020, the Legislative Research Commission directed staff to conduct a nonpartisan study to review public health emergency preparedness plans, resources, funding, executive powers and legislative oversight, and responses. Kentucky routinely responds to large-scale public health emergencies—such as floods, tornadoes, and landslides—that require life-saving medications and medical supplies. Periodic public health response is taken to address disease outbreaks. The 2020 COVID-19 pandemic created a public health emergency that resulted in an expansive implementation of Kentucky’s public health emergency plan. This publication includes an examination of emergency declarations, operations plans, resources, funding, and responses. The focus is on public health emergencies, although general emergency preparedness provides the framework. Jay D. Hartz Director Legislative Research Commission Frankfort, Kentucky December 2020 i Legislative Research Commission Contents Contents Summary ........................................................................................................................................ ix Chapter 1: Emergency Authority And Legislative Oversight..........................................................1 History Of Kentucky Emergency Statutes ...........................................................................1 Legislative Intent .....................................................................................................2 Governor’s Emergency Authority........................................................................................2 Division Of Emergency Management .....................................................................3 Emergency Administrative Regulations ..................................................................3 State Government Emergency Operations ...............................................................4 The Good Samaritan Act .........................................................................................4 Mutual Aid Arrangements .......................................................................................4 Local Government Emergency Authority ............................................................................5 Unified Local Emergency Management Agency .....................................................5 Other Statutory Emergency Powers .....................................................................................5 CHFS’ Emergency Authority ..................................................................................5 Emergency Pharmacy ..............................................................................................6 Prohibition Against Grossly Excessive Prices .........................................................6 Constitutional Authority ......................................................................................................6 State Legislative Oversight Of Executive Emergency Authority .......................................7 Governor’s Emergency Authority............................................................................7 History Of Emergency Orders Under KRS Chapters 39A To 39F ..........................7 Statutory Checks On Emergency Authority ............................................................7 Oversight Of Public Health Officials ...................................................................................9 Federal Public Health Emergency Authority .....................................................................10 National Emergencies Act .....................................................................................10 Stafford Disaster Relief And Emergency Assistance Act ......................................10 Public Health Service Act ......................................................................................10 Social Security Act Section 1135 ..........................................................................11 Court Challenges To Executive Emergency Authority .....................................................11 Summary ...........................................................................................................................12 Chapter 2: Emergency Operations Plans .......................................................................................13 Federal Guidance For Emergency Operations ...................................................................13 Emergency Support Functions, Support Annexes, And Recovery Support Functions ................................................................................................................14 Phases Of An Emergency ......................................................................................14 Modularity: Activation Of Levels Of Government ...............................................15 Kentucky Emergency Operations Plan ..............................................................................16 Kentucky Emergency Management Program ........................................................16 KYEOP Emergency Support Functions .................................................................17 ESF 5, Emergency Management ............................................................................17 ESF 8, Public Health And Medical Services Annex Plan .................................................18 Primary ESF 8 Agencies. .......................................................................................18 iii Contents Legislative Research Commission Key Assumptions ...................................................................................................19 Types Of Triggering Incidents ...............................................................................19 Activation Levels ...................................................................................................19 Preparedness Phase Responsibilities. .....................................................................20 Response Phase Responsibilities. ..........................................................................21 Recovery Phase Responsibilities. ..........................................................................22 Disease Outbreak Support Plan For ESF 8 ........................................................................22 Public Health Influenza Pandemic Plan .............................................................................23 Crisis Standards Of Care Guidance ...................................................................................24 Emergency Planning: State And Local
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