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Public Health Law

Global Legal Triage and the 2009 H1N1 Outbreak

Please see below various information, including international and domestic legal declarations of emergency, memoranda, articles, checklists, and other documents that can accessed online or in PDF format [subject to continued availability of online links] on emerging legal issues in response to the global spread of H1N1 in 2009-2010.

International or Regional Declarations of Emergency or Public Health Emergency

Russian Republic of Buryatia State of Emergency Decree ~ November 4, 2009 (Decree in Russian)
Afghanistan Declaration of Public Health Emergency ~ November 2, 2009
Nicaragua State of National Health Emergency ~ August 27, 2009 [and renewed on September 25, 2009]
Gujarat (India) Invocation of Epidemic Disease Act ~ August 19, 2009
Malaysia Declaration of Health Emergency ~ August 17, 2009
Delhi (India) Invocation of Epidemic Disease Act ~ August 12, 2009
Haryana (India) Invocation of Epidemic Disease Act ~ August 11, 2009
Tamil Nadu (India) Invocation of Epidemic Disease Act ~ August 5, 2009
Maharashtra (India) Invocation of Epidemic Disease Act ~ August 4, 2009
Argentina Declaration of Nationwide Alert ~ July 17, 2009
Manitoba First Nations Declaration of Emergency ~ June 24, 2009
Yemen State of Emergency ~ June 17, 2009
Chile Decree of Emergency Measures ~ June 12, 2009
Shandong Province (China) Declaration of Second-level Emergency ~ May 13, 2009
Ecuador Declaration of Emergency ~ April 29, 2009
Costa Rica Declaration of Health Emergency ~ April 28, 2009 [Click here for a copy of the declaration (in Spanish)]
Colombia Declaration of Emergency ~ April 27, 2009
WHO Declaration of Public Health Emergency of International Concern (PHEIC) ~ April 25, 2009

U.S. Federal Declarations of Emergency, Public Health Emergency, and Waivers

DHHS Issuance of Section 1135 Waivers ~ October 27, 2009
President's Declaration of a National Emergency (PDF) ~ October 24, 2009
Public Readiness and Emergency Preparedness (PREP) Act Declaration ~ Amended June 15, 2009
FDA Emergency Use Authorization for Medicines and Diagnostic Tests for Swine Flu in Humans ~ April 27, 2009
DHHS Declaration of a Public Health Emergency ~ April 26, 2009 (reissued on July 23, 2009)

U.S. State and Territorial Declarations of Emergency or Public Health Emergency

U.S. State-Based Emergency Declarations Map (PDF) ~ updated November 6, 2009
State of Maryland Declaration of Emergency ~ Emergency Medical Services Staffing (PDF) ~ November 6, 2009
State of New York Declaration of State Disaster Emergency ~ October 28, 2009
State of Illinois Proclamation of Public Health Emergency (PDF) ~ October 14, 2009
State of Ohio Proclamation of Emergency (PDF) ~ October 9, 2009
State of Maryland Declaration of State of Emergency and Catastrophic Health Emergency (PDF) ~ May 1, 2009
State of Florida Declaration of Public Health Emergency (DOC) ~ May 1, 2009
American Samoa Declaration of Public Health Emergency ~ May 1, 2009
State of Nebraska Declaration of Emergency ~ April 30, 2009
State of Wisconsin Declaration of Public Health Emergency ~ April 30, 2009
State of Maine Declaration of Civil Emergency (PDF) ~ April 29, 2009 [and renewed on September 30, 2009]
State of Texas Disaster Declaration ~ April 29, 2009 through May 29, 2009
State of Ohio Declaration of Emergency (PDF) ~ April 28, 2009 through June 12, 2009
State of California Declaration of Emergency ~ April 28, 2009

Legal Preparedness and Response to H1N1 (Swine Flu) - General Links

CDC H1N1 Infuenza Pandemic Emergency Authorities Matrix (PDF) ~ current as of October 27, 2009
Emergency Influenza Containment Act, H.R. 3991 (introduced in Congress)
CMS H1N1 Fact Sheets - Section 1135 Waivers
Flu.Gov Frequent Questions and Answers re: Declaration of National Emergency
The Model State Emergency Health Powers Act
The Swine Flu Outbreak and International Law
The Legal Landscape for School Closures in Response to Pandemic Flu or Other Public Health Threats
Principles and Practice of Legal Triage During Public Health Emergencies (PDF)
Emergency System for the Advance Registration of Volunteer Health Professionals (ESAR-VHP) Legal and Regulatory Issues Project
The HIPAA Privacy Rule and Bioterrorism Prevention, Planning, and Response
Will Swine Flu Merit Quarantines? If So, New Law Gives States Authority ~ Deborah Cassens Weiss, ABA Journal Online, April 27, 2009 (quoting James G. Hodge, Jr.)
Public Safety vs. Individual Liberty: Health Crisis Leads to New Case, Amir Efrati, Wall Street Journal, May 7, 2009 (quoting James G. Hodge Jr.)
CDC Public Health Law Program Swine Flu Legal Preparedness
European Public Health Law Network H1N1 (Swine Flu)
ABA H1N1/Swine Flu Resources

Legal Preparedness and Response to H1N1 (Swine Flu) - Workers' Compensation

H1N1 Flu and its Impact on Workers Compensation
Is H1N1 Compensable Under Workers Compensation?
Insurance Coverage for Swine Flu Claims (PDF)
Swine Flu: Is Your Workplace Prepared (PDF)
Swine Flu Claims Possible for Comp, Life Insurance
Swine Flu: Preparing the Workplace for a Pandemic

World Health Organization

Pandemic H1N1 News
Weekly Epidemiology Record of H1N1
Confirmed Cases of New Influenza A H1N1 Global Map
H1N1 surveillance data for African countries
H1N1 surveillance data for eastern Mediterranean countries
H1N1 surveillance data for European countries
H1N1 surveillance data for South-East Asia
National Influenza Pandemic Plans

Additional Links

GAO Highlights: Influenza Pandemic: Monitoring and Assessing the Status of the National Pandemic Implementation Plan Needs Improvement
GAO Report: Influenza Pandemic: Monitoring and Assessing the Status of the National Pandemic Implementation Plan Needs Improvement
UMNCPHP Training Module: Introduction to Business Continuity Planning for Disasters and Emergencies
UMNCPHP Training Module: Preparing Employees for a Disaster in the Workplace
BOMA Planning Guide for Commerical Buildings: Influenza Pandemic
BOMA Planning Toolkit for Commerical Buildings: Influenza Pandemic
OSHA Workplace Safety and H1N1
CDC H1N1 (Swine Flu) Information
CDC Weekly H1N1 Flu Situation Updates for the United States
CDC Weekly Influenza Surveillance Report for the United States
CDC International Co-Circulation of 2009 H1N1 and Seasonal Influenza
CDC Frequently Asked Questions About Federal Public Health Emergency Law
U.S. State Dept H1N1 Travel Alerts
U.S. Defense Dept Weekly surveillance summaries across the military health system
PAHO H1N1 Data for Pan American Countries
UN Office for the Coordination of Humanitarian Affairs - National pandemic preparedness plans of Asia-Pacific countries
UN News Centre. News Focus: Influenza
European Centre for Disease Prevention and Control Weekly Influenza Surveillance Overview
Canadian Public Health Agency FluWatch
American Public Health Association H1N1 (Swine Flu) News
Association of State and Territorial Health Officials H1N1 (Swine Flu) Updates
National Association of County and City Health Officials H1N1 (Swine Flu) Updates
National Association of Local Boards of Health H1N1 (Swine Flu) Updates
National Conference of State Legislatures H1N1 (Swine Flu) Update
International Air Transport Association Travel Advisories Issued by Governments
Johns Hopkins Office of Critical Event Preparedness and Response (CEPAR) H1N1 (Swine Flu)