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.

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LOMBARDIA, ITALY - FEBRUARY 26, 2020: Empty hospital field tent for the first AID, a mobile medical unit of red cross for patient with Corona Virus. Camp room for people infected with an epidemic.

Pandemic Guidelines, Not Changed Malpractice Rules, Are the Right Response to COVID-19

By Valerie Gutmann Koch, Govind Persad, and Wendy Netter Epstein

On March 17, the Washington Post published an op-ed by Dr. Jeremy Faust, titled Make This Simple Change to Free Up Hospital Beds Now. In it, he argues that cities and states should “temporarily relax the legal standard of medical malpractice,” in order to encourage hospitals to admit, and physicians to treat, the patients who need help during the COVID-19 pandemic.

In a tweet promoting the piece, Dr. Faust expresses concern that in the absence of such a legal change, “docs will keep doing ‘usual’ low yield admissions.”

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