In the event of major emergencies, hospitals themselves have two primary missions: providing care to patients and protecting staff and facilities (American Hospital Assoc). Hospitals and other healthcare facilities are expected to respond in a coordinated manner, as hospitals play an important role in disaster response due to the therapeutic role. Health facilities have the task of preventing and reducing the spread of diseases and injuries (Heide). Hospital preparedness has become the focus of local, state, and federal governments seeking to address emergencies or disasters that affect public health. Integral to hospital emergency preparedness are the numerous legal challenges that the healthcare sector faces during a declared state of emergency (Hodge et al). Laws at all levels of government define what constitutes a state of emergency, disaster, or public health emergency. They authorize emergency actions on how to improve individual and collective health. They guide healthcare facilities and providers on how to modify practices during emergencies (Hodge et al). The Department of Homeland Security has dedicated significant expertise and resources to support hospital emergency preparedness. Homeland Security's National Incident Management System (NIMS) requires hospitals that receive funding to adopt standards consistent with their emergency response plan. The Pandemic and All-Hazards Act of 2006 authorizes the Department of Health and Human Services to withhold emergency preparedness funds from hospitals that do not meet certain baseline requirements. The Emergency Services Act authorizes the Governor during a “state of emergency” to suspend any regulatory statute, or statute prescribing procedure for the conduct of state business, or...... middle of paper ..... .aster CircumstancesFinan, Sean, Baker, Donelson, Bearman, Caldwell and Berkowitz PC Birmingham. Disaster preparedness: Legal issues faced by hospitals in the post-Katrina environment. November 2006. Vol 3.Hodge JD, LLM, James, Garcia JD, Andrea, Anderson JD, Evan and Kaufman, Torrey. Legal emergency preparedness for hospitals and healthcare workers Homeland Security. www.homelandsecurity.com Accessed November 2011. Joint Advisory Committee on Communications Capabilities of Emergency Medical and Public Health Facilities. Report to Congress February 2008Rubin, Jeffrey. 2004. Recurring pitfalls in hospitals and response. Sauer MS, Lauren, McCarthy ScD, Melissa, Knebel RN, Ann and Brewster BS, Peter. 2009. Major Influences on Hospital Emergency Management and Disaster Preparednesswww.ncbi.nlm.nih.gov/bookswww.jointcommission.org
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