Individual Rights and the Public’s Health: Constitutional, Ethical, and Political Aspects of COVID-19 Measures and Their Enforcement

Law & Policy InsightsCOVID-19Legislation and Legal Challenges

February 24, 2021

The COVID-19 pandemic has brought the tension between individual rights and the public good to the forefront of the national discourse. Many pandemic response measures—such as stay-at-home orders, mandatory business closures or restrictions, and mask mandates—have evoked vocal opposition by individuals who feel these measures infringe on their freedom. Despite the authority of public health to implement these measures, noncompliance has been a significant issue.

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Protecting Public Health Authority to Protect the Health of Our Communities

Law & Policy InsightsLegal Protections for Public Health Officials

February 24, 2021
by Jill Krueger

The COVID-19 pandemic has brought the tension between individual rights and the public good to the forefront of the national discourse. Many pandemic response measures—such as stay-at-home orders, mandatory business closures or restrictions, and mask mandates—have evoked vocal opposition by individuals who feel these measures infringe on their freedom. Despite the authority of public health to implement these measures, noncompliance has been a significant issue.

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Unlocking the Power of Data for Improving Community Health

Impact StoriesHealth Information and Data Sharing

February 17, 2021

Data are essential for public health surveillance, epidemiological investigation, research, program development, implementation and evaluation. A complex legal landscape, and lack of knowledge and training in law, result in actual or perceived barriers to data collection, use and sharing. As a result, opportunities are missed to use and share electronic data to improve the health of communities, promote wellness, address social determinants of health and increase health equity.

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Tobacco Control: A Decade of Challenges and Change

Law & Policy InsightsSubstance Use Prevention and Harm Reduction

February 10, 2021
by Kathleen Hoke

The first in a series of articles by Network attorneys on major public health law and policy developments over the past 10 years. In this article, Eastern Region Office Director Kathleen Hoke shares her insights into how laws designed to reduce the harm from tobacco use have changed, and the significant strides the public health community has made to reduce tobacco use initiation and increase tobacco cessation.

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Public Health Law News Roundup – February 2021

Law & Policy Insights

February 10, 2021

Some of the public health law and policy issues in the headlines in recent weeks include planned charges in the Flint water probe; Supreme Court ruling on abortion issue; obstacles in the COVID-19 vaccine rollout; calls for better public health data to combat the pandemic; public health issues facing the Biden administration; the impact of the EPA’s ‘secret science’ rule; and controversy over proposed vaccination distribution strategies.

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Youth Violence Prevention: Balancing Student Surveillance, Privacy and Equity

Law & Policy InsightsHealth in SchoolInjury Prevention and SafetyMechanisms for Advancing Public Health

February 9, 2021
by Kerri McGowan Lowrey

The desire to predict and prevent violence by young people is understandable and valid, particularly in the wake of school violence tragedies like Columbine, Parkland, and Sandy Hook. Just this week, a teenager made national news when he shot and killed his entire family. Communities do have a valid interest in identifying its members who are more likely to perpetrate violence, even when those perpetrators are children. However, that interest must be carefully balanced with the equally important competing interests of privacy and equity.

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Ensuring Access to Clean Needles Can Save Lives, but Legal Barriers Persist

Law & Policy InsightsHarm Reduction Legal ProjectHarm Reduction Legal Project ResourcesOpioid Misuse and Overdose PreventionSubstance Use Prevention and Harm Reduction

February 5, 2021
by Amy Lieberman and Corey Davis

The United States continues to experience an unprecedented level of drug-related harm. While the failure to prevent this harm is most notable in the number of overdose deaths, which are now at their highest level on record, it is evident in other areas as well. Of particular importance from a policy perspective, bloodborne disease infections related to syringe sharing are also on the rise, with recent outbreaks in Kentucky, Massachusetts, and Indiana, among other states. Cases of infective endocarditis, which is caused largely by unsafe injection, are increasing as well.

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The No Surprises Act: Congress Acts Against Costly Medical Bills

Law & Policy InsightsCOVID-19 and Health EquityMechanisms for Advancing Public Health

January 26, 2021
by Sarah Wetter

Each year, millions of Americans receive unexpected and often unaffordable medical bills that are not only an economic hardship, but can also dissuade them from seeking needed medical care in the future. On December 21, 2020, Congress passed the No Surprises Act as part of the $900 billion COVID-19 spending deal. The Act addresses one of the main causes of unexpected bills, banning the practice of “balance billing,” where out-of-network medical providers bill patients for costs not covered by the patient’s health insurance.

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Public Health Law News Roundup – January 2021

Law & Policy Insights

January 14, 2021

Some of the public health law and policy issues in the headlines in recent weeks include planned charges in the Flint water probe; Supreme Court ruling on abortion issue; obstacles in the COVID-19 vaccine rollout; calls for better public health data to combat the pandemic; public health issues facing the Biden administration; the impact of the EPA’s ‘secret science’ rule; and controversy over proposed vaccination distribution strategies.

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