COVID-19 Emergency Legal Preparedness Primer As of September 10, 2020 James G. Hodge, Jr., J.D., L.L.M. Peter Kiewit Foundation Professor of Law Director, Western Region Office, Network for Public Health Law ASU and Day O’Connor College of Law
[email protected] Contents ❑ COVID-19 Epi Trends ❑ Emergency Legal Preparedness/ Response/Recovery Federal | State | Tribal | Local ❑ Public Health Emergency Powers ❑ Constitutional & Other Challenges ❑ Additional Resources/Ask the Network 2 COVID-19 Confirmed Cases & Deaths Global Cases 27.5 million | Deaths: 897,789 U.S. Cases 6.35 million | Deaths: 189,500 U.S. Stats 23% all cases | 21% all deaths 3 3 Source: https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html Emerging Epi & Medical Trends Asymptomatic persons Antibodies may be insufficient to could account for 40-45% of ward off additional infections infections spread Multiple potential vaccines are COVID-19 can cause milder in Phase III clinical trials for outpatient illnesses among young 4 safety & efficacy adults & others Emergency Declarations Public health authorities & powers vary depending on the type of emergency declared at every level of government WHO Public Health Emergency Declarations International Emergency of Int’l Concern by Foreign Governments January 30, 2020 Ongoing Stafford Act or National HHS Public Health Federal Emergencies Act Emergency Emergency or Public Health State/Tribal Disaster Emergency Emergency or Public Local Disaster Health 5 Emergency Federal Emergencies/Invocations HHS National PREP Stafford Defense HHS Public Emer- Act Act Production Health gencies Declar- Emergency Act Emergency ation Act Jan. Feb. Mar. Mar. Mar. 31 4 13 13 20 6 6 6 HHS Public Health Emergency Jan.