Black and white exterior of Legislative chambers of Washington State with inscription and pillars.

Tracking Public Health Authority Changes from 2021 & 2022 Legislative Sessions

By Temple University Center for Public Health Law Research

COVID-19 called for quick, decisive action by public health authorities to support communities and prevent infections. Since the pandemic began, legislators around the country have been acting to change the way authorities may respond to future public health emergencies — expanding or limiting officials’ authority to act in an emergency, changing who has authority to act, and the actions they may have the authority to take.

New research by the Center for Public Health Law Research at Temple University’s Beasley School of Law, in collaboration with the Association for State and Territorial Health Officials and the Network for Public Health Law, capture details of legislation that addresses emergency health authority introduced between January 1, 2021, and May 20, 2022, in all 50 states and the District of Columbia.

Read More

empty desk.

Author Q&A: Hilary Wething on US Paid Sick Leave Policy Impacts

By Temple University Center for Public Health Law Research

Hilary Wething, PhD, is an assistant professor of public policy and a Jackman-McCourtney Early Career Professor at Penn State University. Her research examines the relationship between economic volatility and labor market policy, household decision-making, and social safety-net programs.

Dr. Wething’s research published in the Journal of Public Health Policy investigates the impact of the generosity, inclusion, and autonomy of state paid sick leave laws on influenza-like-illness (ILI) rates and its components using data from the Centers for Disease Control and CPHLR’s data on state-level paid sick leave statues.

We asked Dr. Wething a few questions about this work.

Read More

Woman with face mask getting vaccinated.

The Right Tool for the Job: Supporting Vaccination Rates with Universal Paid Sick Leave

By Alina Schnake-Mahl, Rebecca Finkel, and Jennifer Kolker

Policies like paid sick leave are key tools to prevent another “winter of death” and disruption, finds our recent study of U.S. cities’ sick leave and vaccination data. Further, universal paid sick leave policies are particularly effective at protecting the most vulnerable communities.

Read More

An armed guard surveys the grounds from the railing of a prison watchtower.

Surveying US Correctional Facilities’ Pandemic Policies on Medication for Opioid Use Disorder

By Laura Hannon and Alex Willhouse 

An estimated 65 percent of the United States prison population has an active substance use disorder (SUD). Providing comprehensive substance use treatment to incarcerated individuals has been shown to reduce both drug use and crime upon release. Treatment is a critical intervention to prevent opioid overdose deaths, which the CDC estimates increased by 15.4 percent, from 70,029 in 2020 to approximately 80,816 in 2021. Medications like methadone, buprenorphine, and naltrexone are an important part of a comprehensive approach to addressing opioid use disorder (OUD).  

Read More

Suboxone.

Prior Authorization Insurance Requirements: A Barrier to Accessing Lifesaving Treatment for Opioid Use Disorder?

By Juan M. Hincapie-Castillo and Amie J. Goodin

Policies to mitigate the drug overdose crisis continue to fall short, as evidenced by increasing rates of opioid-involved overdoses and deaths in the United States. The COVID-19 pandemic has exacerbated this overdose crisis, and efforts are urgently needed to mitigate harm.

Individuals who have problematic opioid use are most frequently involved in opioid-involved overdoses, meaning that the use of a prescription opioid, or much more commonly a non-prescription opioid (such as non-medically sourced fentanyl or heroin), is used in a way that adversely affects the person’s life. Problematic opioid use may lead to a diagnosis of opioid use disorder (OUD). The medication buprenorphine has been proven to reduce opioid-involved overdose and harms and is one of few OUD treatments available as a prescription that can be dispensed by community pharmacies rather than from specialized facilities or specialty providers.

The federal government and several states have implemented strategies to improve and promote OUD treatment access, especially for the relatively inexpensive and effective medication buprenorphine. However, there are significant barriers that remain that preclude adequate and timely access to buprenorphine.

Read More

Bill of Health - American currency (50, 100, 20) on a wooden table next to pills and spilling bottle of pharmaceuticals

Many Hospitals Receiving Discounted Drugs May Not Offer Patients Pharmaceutical Assistance

By Amy Cook, JD, Jonathan Larsen, JD, MPP, and Sabrina Ruchelli, JD

Section 340B of the Public Health Service Act requires that pharmaceutical manufacturers give discounts on specified outpatient drugs to certain covered entities who typically serve low-income or otherwise underserved patients, including hospitals and clinics.

However, according to the Government Accountability Office (GAO), there are no measures built into the program to assure that 340B program discounts are being used to support care for low-income populations, let alone to improve access to medicines discounted through the program.

Read More

Serving trays with delicious food on table. Concept of school lunch.

New Data Reveal Sparse Protections for Students Who Cannot Pay for Meals at School

By Temple University Center for Public Health Law Research

As a federal program to serve meals to all U.S. public school students during the COVID-19 pandemic ends on June 30, the consequences of unpaid school meal debt will resurface for the millions of students nationwide facing food insecurity.

New data released on LawAtlas.org capture details of state unpaid school meal policies and reveals sparse and variable protections for students who cannot pay for meals at school.

Read More

San Diego CA 6-24-2020 Tourists eating at Mexican restaurant with waitress wearing mask in historic Old Town State Park.

Improving Job Quality and Scheduling Predictability Can Advance Public Health and Reduce Racial Inequities

By DeAnna Baumle

The ongoing COVID-19 pandemic has thrown into sharp relief deeply rooted structural inequities in the United States. As U.S. government officials and media celebrate recent economic gains, women — especially women of color — are not recouping their economic losses. Further, the pandemic continues to kill nearly a thousand Americans daily and disproportionally affect Black, Indigenous, and Latinx communities. It is no accident that these communities have been left behind in the nation’s so-called recovery: racial capitalism has long excluded marginalized communities from economic and social gains.

Read More

Emergency department entrance.

New Legal Mapping Method Highlights Recent Laws Limiting Public Health Emergency Orders

By Katie Moran-McCabe

Throughout the COVID-19 pandemic, legislators in almost every state have introduced bills that would limit state executive authority to respond to the current pandemic or future public health emergencies. Between January 1, 2021, and November 5, 2021, one or more of these bills were enacted into law and became effective in 19 states.

This finding is a product of a new legal mapping method called Sentinel Surveillance of Emerging Laws and Policies (SSELP), developed by researchers from our Center for Public Health Law Research at Temple University (CPHLR), with support from the Robert Wood Johnson Foundation.

This mapping method is intended to quickly capture and track emerging laws and legal innovations impacting public health, and to instigate faster evaluation of their effects on health and health equity.

Read More

Abortion rights protest following the Supreme Court decision for Whole Women's Health in 2016

A ‘Middle Ground’ in the Legal Abortion Debate Disproportionately Harms Marginalized Communities

By Adrienne R. Ghorashi, Esq.

All eyes are on SCOTUS after the Court heard oral arguments on Mississippi’s 15-week abortion ban in Dobbs v. Jackson Women’s Health Organization and issued narrow rulings in cases related to Texas SB8 early this month. The line of questioning, as well as the Court’s continued decision to allow most abortions in Texas to come to a screeching halt, are a distressing signal that abortion rights are in immediate danger. Under Roe and Casey, bans on abortion prior to fetal viability (around 24 weeks) are a violation of a pregnant person’s constitutional right. While some have characterized Chief Justice Robert’s comments as searching for a supposed compromise to overturning Roe, this proposition ignores the stark reality of the legal landscape of abortion in the United States.

Pre-viability abortion bans, such as the one in Dobbs, already exist in 25 states, ranging from bans at any point in pregnancy, to 6-week “fetal heartbeat” bans, to the more common 20-week ban. Pre-viability abortion bans can also include “reason-based” bans that seek to prohibit abortion based on a person’s reason for seeking one. Many of these states have more than one type of abortion ban in their laws. Although most of the more extreme pre-viability bans are not currently in effect due to court rulings (with Texas SB8 being a frightening harbinger of a post-Roe nation), this legal standard is precisely what’s at stake in Dobbs.

Read More