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Open Forum:Government Attorneys and Health Care Organizations

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

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Open Forum:Government Attorneys and Health Care Organizations

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  1. 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

  2. Beyond Emergency Management:Questions to Consider • Isolation & Quarantine • Who has authority to implement? • What legal procedures are necessary? • Are court hearings necessary? • Patient Diversion • What responsibilities under National Disaster Medical System? • Are transfer agreements in place?

  3. 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?

  4. 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

  5. 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

  6. Resources • 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 sitewww.healthlawyers.org • Public Health Law Program of the Centers for Disease Control and Prevention,http://www2a.cdc.gov/phlp/ • Health Officer Practice Guide for Communicable Disease Control in California,http://www.dhs.ca.gov/ps/dcdc/pdf/Dec%2014%20Practice%20Guide.pdf • Draft California Pandemic Influenza Preparedness and Response Plan 2006,http://www.dhs.ca.gov/ps/dcdc/pdf/Draft%20Pandemic%20Influenza%20Plan%201-18-06.pdf

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