Legal Requirements for Addressing the Disaster Public Health and Medical Needs of At-Risk Individuals
Public health and medical professionals need to be aware of a number of different legal requirements when working to address the needs of at-risk individuals in the communities they serve.
The Public Health Service Act
The Public Health Service Act, as amended, requires the Secretary of Health and Human Services to develop a National Health Security Strategy that establishes preparedness goals which, among other things, includes “taking into account the public health and medical needs of at-risk individuals" described as children, pregnant women, older adults, individuals with disabilities, or others who may have access or functional needs in the event of a public health emergency, as determined by the Secretary. Examples of statutorily required activities that HHS must follow to address the public health and medical needs of at-risk individuals include:
- Monitoring emerging issues
- Overseeing implementation of preparedness goals
- Assisting federal agencies in preparedness activities
- Providing guidance on preparedness and response strategies and capabilities
- Ensuring the strategic national stockpile addresses the needs of at-risk populations
- Developing curriculum for public health and medical response training
- Disseminating and updating best practices
- Ensuring communication addresses the needs of at-risk populations
- Ensuring coordination to detect emerging public health threats and adverse health outcomes that may affect at-risk individuals
Other Federal Legislation
There are many federal laws and executive orders that describe at-risk populations disproportionately impacted by disasters and public health emergencies, including populations that have historically faced discrimination.
| Year |
Federal Laws and Executive Orders | Persons with Disabilities |
Older Adults |
English Language Proficiency |
National Origins |
Sex |
Socioeconomic Status |
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| 1944 |
Public Health Service (PHS) Act |
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| 1964 |
Title VI of the Civil Rights Act |
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| 1973 |
Rehabilitation Act |
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| 1975 |
Age Discrimination Act |
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| 1988 |
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) |
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| 1990 |
Title II of the Americans with Disabilities Act (ADA) |
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| 2000 | Executive Order 13166 – Improving Access to Services for Persons with Limited English Proficiency |
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| 2004 |
Executive Order 13347 – Individuals with Disabilities Emergency Preparedness |
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| 2006 | Post-Katrina Emergency Management Reform Act (PKEMRA) |
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2010 |
Affordable Care Act (Section 2814) (Section 2802) |
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