Under Section 319 of the PHSA, the Secretary can declare a public health emergency if it is determined that a disease or disorder presents a public health emergency, or a public health emergency-including significant outbreaks of an infectious disease or a bioterrorist attack-otherwise exists. Depending on the type of emergency declaration, state actions authorized can include activating state emergency response plans, using certain funding, or deploying personnel, equipment, and stockpiles ( ASTHO 2012). In some instances, state-declared emergencies may allow for additional flexibility within the state Medicaid program. These statutory authorities are described in detail below.Īll states, the District of Columbia, and the territories have made state emergency or public health emergency declarations ( ASTHO 2020). The declarations provide for different types of responses and can be made concurrently. 93-288, as amended) or the National Emergencies Act (P.L. Stafford Disaster Relief and Emergency Assistance Act (P.L. 115-96, as amended), or the President can declare a disaster or emergency under the Robert T. Department of Health and Human Services (the Secretary) can declare a public health emergency under Section 319 of the Public Health Service Act (PHSA, P.L. The federal government has three vehicles for declaring an emergency in an emergency or disaster: the Secretary of the U.S.
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