Published on May 4, 2010
When an emergency hits a hospital, administrators often turn to their lawyers as issues arise in providing care during an emergency. This Emergency Preparedness Toolkit (Toolkit) is designed as a complement to AHLA’s Emergency Preparedness Response & Recovery Checklist: Beyond the Emergency Management Plan by providing a one-stop resource of emergency preparedness form policies, procedures, links, articles, sample contract language, and legal summary memoranda to assist healthcare attorneys, administrators, and providers in preparing for and responding to the issues that arise during an emergency.
This Toolkit is organized by subtopic. It provides outlines of the federal regulatory framework for emergency preparedness and sample determinations of public health emergencies. These sample determinations illustrate the regulatory coordination of response to healthcare needs during an emergency. Other subtopics provide resources to identify, plan for and respond to issues in Emergency Medical Treatment and Active Labor Act (EMTALA), Health Insurance Portability and Accountability Act (HIPAA), Emergency Management Assistance Compact (EMAC) and mutual aid agreements, Regional Health Information Organizations (RHIOs), advance directive planning, certification, licensure, volunteers, standard of care, quarantine, employment, federal reimbursement, graduate medical education (GME) funding, and emergency use of drugs. The checklists provided at the end of the toolkit were prepared by attorneys providing legal assistance to hospitals in the New Orleans and Houston regions during and after Hurricanes Katrina and Rita. These checklists summarize issues that arose for these attorneys and serve as a preparation resource for others. While this Toolkit is comprehensive in scope, it does not purport to cover every issue arising in the provision of healthcare services during an emergency.