Legal Requirements for Addressing the Disaster Public Health and Medical Needs of At-Risk Individuals
Public health and medical professionals need to be aware of a number of different legal requirements when working to address the needs of at-risk individuals in the communities they serve.
The Public Health Service Act
The Public Health Service Act, as amended, requires the Secretary of Health and Human Services to develop a National Health Security Strategy that establishes preparedness goals which, among other things, includes "taking into account the public health and medical needs of at-risk individuals" described as children, pregnant women, older adults, individuals with disabilities, or others who may have access or functional needs in the event of a public health emergency, as determined by the Secretary. Examples of statutorily required activities that HHS must follow to address the public health and medical needs of at-risk individuals include:
Monitoring emerging issues
Overseeing implementation of preparedness goals
Assisting federal agencies in preparedness activities
Providing guidance on preparedness and response strategies and capabilities
Ensuring the strategic national stockpile addresses the needs of at-risk populations
Developing curriculum for public health and medical response training
Disseminating and updating best practices
Ensuring communication addresses the needs of at-risk populations
Ensuring coordination to detect emerging public health threats and adverse health outcomes that may affect at-risk individuals
Other Federal Legislation
There are many federal laws and executive orders that describe at-risk populations disproportionately impacted by disasters and public health emergencies, including populations that have historically faced discrimination.
| Year | Federal Laws and Executive Orders | Persons with Disabilities | Older Adults | English Language Proficiency | National Origins | Sex | Socioeconomic Status |
|---|---|---|---|---|---|---|---|
| 1944 | Public Health Service (PHS) Act |  | | | | | |
| 1964 | Title VI of the Civil Rights Act |  | | | | | |
| 1973 | Rehabilitation Act | | | | | | |
| 1975 | Age Discrimination Act | | | | | | |
| 1988 | Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) | | | | | | |
| 1990 | Title II of the Americans with Disabilities Act (ADA) | | | | | | |
| 2000 | Executive Order 13166 – Improving Access to Services for Persons with Limited English Proficiency | | | | | | |
| 2004 | Executive Order 13347 – Individuals with Disabilities Emergency Preparedness | | | | | | |
| 2006 | Post-Katrina Emergency Management Reform Act (PKEMRA) | | | | | | |
| 2010 | Affordable Care Act (Section 2814) (Section 2802) | | | | | | |