public health service act section 319

Published by on November 13, 2020

This determination triggers emergency powers that permit the federal government to engage in activities such as assisting state and local governments, suspending or modifying certain legal requirements, and expending available funds to address the public health emergency. 127 0 obj <>stream searchable by keywords and functional areas. Pursuant to this declaration, I direct as follows: Section 1. 104-321; Codified at 42 U.S.C. Over time Congress has added other authorities to the PHSA, the Social Security Act (SSA), the Federal Food, Drug, and Cosmetic Act (FFDCA), and other laws administered by the secretary that allow the secretary to take certain discretionary actions once a public health emergency is determined under Section 319. Public Health Emergencies . ?�p� �dC�5}Pc�`[��nɿ��Z~��d�yG�x�p& #�)"4T�h�!NB�,Ԗh�ݎ��8hs� ��@C�"x�e,6@�I��f�a���aV ݜ["��rDX.�\�9�)�*�R�dB�#�QDZ?��b��0�P�����r�H���4��6?��ή�u�Y�:}\g��C�iR�UF�R�{�#�{b^bT�e� PHSA Section 301 gives the secretary broad authority to provide assistance and conduct investigations, among other things, into the causes, prevention, and control of diseases.1 PHSA Section 311 permits the secretary to work with states and localities to prevent and control communicable diseases and to implement plans activating HHS resources to control diseases and other public health emergencies.1 The secretary can activate the National Disaster Medical System and deploy the Strategic National Stockpile without a Section 319 determination. Active . The 1987 amendments to the Clean Water Act (CWA) established the Section 319 Nonpoint Source Management Program Section 319 addresses the need for greater federal leadership to help focus state and local nonpoint source efforts. (a)  Nothing in this proclamation shall be construed to impair or otherwise affect: (i)   the authority granted by law to an executive department or agency, or the head thereof; or. h�bbd``b`�$'���@��,�`^"΃d� �Rk7���8 "n���&��� V7���A��'L��@#:�Q�@� 9� L. No. T�n37c`D��@� R^ On March 11, 2020, the World Health Organization announced that the COVID-19 outbreak can be characterized as a pandemic, as the rates of infection continue to rise in many locations around the world and across the United States. Understand what, if any, effects a §319 determination will have on your state's response and emergency legal authorities with and without a state emergency declaration. %PDF-1.5 %���� subchapter xxiv—hiv health care services program (§§ 300ff – 300ff–140) subchapter xxv—requirements relating to health insurance coverage (§§ 300gg – 300gg–95) subchapter xxvi—national all-hazards preparedness for public health emergencies (§§ 300hh – 300hh–32) subchapter xxvii—lifespan respite care … U.S. Government Publishing Office. h�bbd``b`: $g�9 �� 196 0 obj <> endobj 142 0 obj <>/Filter/FlateDecode/ID[]/Index[120 59]/Info 119 0 R/Length 113/Prev 534662/Root 121 0 R/Size 179/Type/XRef/W[1 3 1]>>stream Vacant Chapter 319. Section 319 authorizes the secretary to determine that a public health emergency exists. The Secretary of Health and Human Services (HHS) declared a public health emergency on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. This document contains the text for relevant sections of the Public Health Service (PHS) Act. Once the HHS secretary determines that a public health emergency exists, the secretary is authorized, consistent with the secretary’s other authorities, to respond to the public health emergency. endstream endobj 197 0 obj <. Available at, Department of Health and Human Services. endstream endobj 89 0 obj <>/Metadata 9 0 R/Pages 86 0 R/StructTreeRoot 19 0 R/Type/Catalog/ViewerPreferences 103 0 R>> endobj 90 0 obj <>/MediaBox[0 0 595.32 841.92]/Parent 86 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 91 0 obj <>stream HHS encourages states to work with regional emergency coordinators in HHS regional offices to facilitate the request if the state believes such determinations are needed to respond to an event.3 A state declaration of emergency does not affect the secretary's Section 319 authority to determine that a public health emergency exists. Fact Sheet . endstream endobj 121 0 obj <>/Metadata 8 0 R/Pages 118 0 R/StructTreeRoot 20 0 R/Type/Catalog>> endobj 122 0 obj <>/MediaBox[0 0 612 792]/Parent 118 0 R/Resources<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 123 0 obj <>stream To provide supplemental funding for public health and social service emergencies. It is incumbent on hospitals and medical facilities throughout the country to assess their preparedness posture and be prepared to surge capacity and capability. Under section 319 of the Act, the Minister may declare a public health emergency by a signed written order. h�b```�zAS``��0p,`�P���XL�`2@���h[�y��$�8d�#'��7�k2L�LjL����3L��``�_R Section 319 does not contain any immunity provisions or liability protections. State and tribal nonpoint source programs include a variety of components, including technical assistance, financial assistance, education, training, technology transfer, demonstration projects, and regulatory programs. Identify the process your state or health agency should use in requesting federal assistance. It reflects only portions of the laws relevant to public health emergencies and is not intended to be exhaustive of all relevant legal authority. 1601 et seq.) 7o���d �Zi��_[Y �k�1hM�E�d%A��-�����ל|�9����-`x���ȣ:}��q����v^���^�a�Jo�&'�ϺW���AE���X"��mHS916q�b��=�N-;4a/�HK���~퀤�. 1320b-5(d)). U.S. Department of Health & Human Services, Review Select Technical Assistance Responses. Uses and Use Restrictions. Vacant CHAPTER 295 THE PUBLIC HEALTH ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. The Secretary of Health and Human Services (HHS) declared a public health emergency on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. Program Authorization: Section 319 of the Public Health Service Act, 42 U.S.C. Public Health Service Act, as Amended (2019), Sections 301-3351. National Health Services Act Chapter 316. 209 0 obj <>/Filter/FlateDecode/ID[<64CFCF17B270644691B5AB5FC8BBB0AA><9D173B03C7BB404990F2BB4FB9EBF4CF>]/Index[196 20]/Info 195 0 R/Length 72/Prev 55610/Root 197 0 R/Size 216/Type/XRef/W[1 2 1]>>stream %PDF-1.7 %���� IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of March, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth. Summary of S.319 - 116th Congress (2019-2020): Women Veterans and Families Health Services Act of 2019 “Public Health Emergency Declaration Q&As” webpage. h�Ęmo�6�� Clean Water Act Section 319(h) funds are provided only to designated state and tribal agencies to implement their approved nonpoint source management programs. These sections are codified at 42 U.S.C. Status. �;����ea��� �plJJ��G��=?���b`��X�� �����_$88:@H�����HX�i���47�EBxxj��>�W.��ڸ��Í�B���%��e ;�c&�fd`� �d��sm �P0� y��ՃU�!�k�1�����$�M�������! a����!�ƹj����( �I���6`[�?t� � @��Y��@�q�Q�q�����NKz��a�ϣ��hAq�cn�K��HH���x�0F�J�OT?��).P+�"8���C���X �"N����2Xj�j#)�S%���d$�x��*�����������,=�,hcns/�jI����l䍕V.�}���4�����\C�g�0��q��]� �K -Ķ��&xP��!��AW��M��Cg������$� ��z�O����svC�=��l��b5��9(��{cl �]" #a��k>���{X��p{��.8�0���O��g/p�|��)RƁ_�Y�A��\�w=����D�� Public Health Service Act, Section 319 . Making temporary personnel appointments up to one year. The Federal Government, along with State and local governments, has taken preventive and proactive measures to slow the spread of the virus and treat those affected, including by instituting Federal quarantines for individuals evacuated from foreign nations, issuing a declaration pursuant to section 319F‑3 of the Public Health Service Act (42 U.S.C. Federal Healthcare Resilience Task Force Alternate Care (ACS) Toolkit: Third Edition, Civil Unrest During a Pandemic-Notes from Minneapolis, ASPR's 2019 Novel Coronavirus Disease Page. R\j�!�7 ��R Amount of funding available: $35 million. Objectives. 178 0 obj <>stream A self-service collection of disaster medical, healthcare, and public health preparedness materials, The determination of a public health emergency, however, is a prerequisite for the activation of liability provisions in other laws such as the PREP Act. 2. Waiving certain prescription and dispensing requirements under the FFDCA. The Public Health Service Act (PHSA)1 provides the legal authority for the Department of Health and Human Services (HHS), among other things, to respond to public health emergencies. %PDF-1.5 %���� We expect that individual grant awards will range between $5,000 and $1 million.

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