Policy

This guidance from the British Medical Association (BMA) addresses ethical issues in allocating scarce life-saving medical resources during the COVID-19 pandemic, building on an ethical framework most recently revised in 2017 and providing updated guidance specific to COVID-19. The guidance Read More

This article discusses the scope of state and federal authority to implement key public health protection measures, and how likely actions are to survive court scrutiny. Every state has implemented Emergency Orders in response to the pandemic, with many of Read More

This forthcoming medical journal article, authored by a group of acute care surgeons with diverse expertise in disaster management and public health, outlines a tiered approach to surgical department planning, including deployment of Acute Care Surgeons (ACS), utilization of infrastructure Read More

Part 2 of this panel discussion with law and bioethics experts focuses on the intersection of disability rights and the rationing medical resources. Key discussion points include: Existing federal laws protect the rights of persons with disabilities, including the Affordable Read More

In this analysis at the Harvard Law Review blog, Constitutional scholar Anthony Michael Kreis says state policies implementing de facto travel restrictions on people from other states may raise Constitutional concerns but are likely to be upheld. Last week, President Read More

Part 1 of this panel discussion with public health law experts explores key legal issues related to triage and rationing of scarce medical resources, including supplies and personnel, during a public health emergency. Key discussion points include: The key issue Read More

This article discusses how, unlike China and Italy, United States law requires that states be responsible for most actions taken to address outbreaks. Social distancing measures, such as so-called “safer-at-home” or “stay-at-home” orders, represent one of the most important and Read More

This rapid expert consultation explains the key principles, elements, and messages for Crisis Standards of Care (CSC) decision-making, emphasizing the key distinction of moving from a focus on the individual patient to what is best for an entire group of Read More

This forthcoming article argues that basing resource allocation or triage decisions on a person’s pre-existing disability violates provisions of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Affordable Care Act.   These federal laws prohibit discrimination against Read More

This statement from the Joint Commission encourages healthcare facilities to allow staff to bring and use their own face masks or respirators throughout the day when the facility is unable to provide adequate access to protective equipment. The Joint Commission, Read More