News & Insights

Despite repeated attacks by opponents in the past 10 years, the ACA has not only survived – it has thrived. Because of the law, millions of people gained insurance coverage for the first time. Millions more have increased security when insured, benefitting from prohibitions on discrimination by insurers and protections for people with preexisting conditions. In this commentary, Sarah Somers, J.D., M.P.H., managing attorney at the Network’s Southeastern Region Office, reflects on a decade of significant events and greatest successes in the ACA’s history, and provides a preview of things to come.

Since as early as 2008, we have known the integral role the Social Determinants of Health (SDOHs) play in health outcomes. However, it was not until 2020 that Congress acknowledged public health’s important role in “working across sectors on social determinants of health” and funded an SDOH pilot program. Although the project is a step in the right direction, we must also support policies and legislation that directly addresses the SDOHs, including the Improving Social Determinants of Health Act of 2021 recently reintroduced to the House of Representatives.

Some of the public health law and policy issues in the headlines in recent weeks include the U.S. Food and Drug Administration’s move to ban menthol cigarettes and flavored cigars; President Biden’s plan to strengthen America's digital infrastructure; new federal guidelines to increase access to an important Opioid use disorder treatment; threats and harassment directed at public health officials due to COVID-19; the corrosive impact of racism on the health of Black Americans; how public health can be improved by addressing climate change; and Oregon’s newly passed legislation designed to help prevent youth suicide.

The Network has an opening for a Program Associate. The Program Associate will be responsible for supporting program activities for the Network including data and reporting, website, conference and meetings support. The Program Associate must have the ability to work collaboratively within project teams, and interact effectively with staff, leadership, consultants, members, funders and sponsors.

During the COVID-19 pandemic, food insecurity has skyrocketed. It is estimated that in 2021, 42 million Americans have lacked sufficient food to lead healthy lives. This parallel pandemic of hunger deeply affects America’s children with an estimated 12 million children experiencing food insecurity. Prior to the pandemic the free and reduced-price school meal programs were critical tools for addressing food insecurity, serving an estimated 22 million children. A recent study out of Tufts University found that school meals were the most nutritious source of food for most American school children, further emphasizing the critical nature of these programs. The need for these important programs has only grown with the challenges created by COVID-19.

Several universities across the U.S. have announced plans to require students to receive a COVID-19 vaccination before heading back to campus for the fall semester. Brown, Cornell, Duke, Northeastern, and Rutgers are among them. Some institutions of higher learning, like Virginia Tech, have determined that they cannot require vaccinations because of the vaccine’s Emergency Use Authorization (EUA) status, but this stance rests on shaky legal grounds.

Several universities across the U.S. have announced plans to require students to receive a COVID-19 vaccination before heading back to campus for the fall semester. Brown, Cornell, Duke, Northeastern, and Rutgers are among them. Some institutions of higher learning, like Virginia Tech, have determined that they cannot require vaccinations because of the vaccine’s Emergency Use Authorization (EUA) status, but this stance rests on shaky legal grounds.

The digital divide continues to prevent many households and students from accessing online services that can support healthy outcomes. However, federal lawmakers and agencies have recently taken short-term steps to address the largest source of the digital divide—affordability—and some longer-term federal fixes to the digital divide are on the horizon. Permanent federal, state, and local policies and programs must prioritize affordable broadband service for all households and provide regulatory oversight to ensure the digital divide does not exacerbate health inequities now, and in the future.

Some of the public health law and policy issues in the headlines in recent weeks include the Biden administration’s efforts to implement a national COVID-19 testing strategy; the city of Sante Fe’s innovative approach to addressing homelessness; a House bill that would significantly expand voting rights; a Colorado bill providing added protections for public health workers; vaccine mandates for health care workers; a new law in California that expands access to mental health and addiction treatments; and COVID-19 vaccination registration and information websites that violate disability laws.

President Biden signed the American Rescue Plan Act of 2021 (ARPA) into law on March 11, 2021. While most media attention focused on its headline provisions, including $1,400 stimulus checks for many individuals, $350 billion in aid to state, local, and tribal governments, and expansions in the Earned Income Tax Credit and child tax credit, the Act also contains historic assistance for harm reduction programs.

From the inception of the Network for Public Health Law in September 2010, emergency legal preparedness and response issues have been a significant component of its mission and objectives. By the end of the decade, public health emergency laws and policies would completely dominate all of society globally.

Community lawyering, also called movement lawyering, is an approach to social justice which de-centers lawyers as the linchpins of change and instead focuses on empowering communities and movements. The updated 2020 10 Essential Public Health Services include core values and activities that are also reflected in community lawyering. Among these priorities are communicating to inform and educate, mobilizing communities and partnerships, supporting laws to advance health equity, and ensuring equitable access to services needed for health.