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CDC's Public Health Law Program (PHLP) works to improve the health of the public by performing research, creating tools, and providing training to help practitioners understand and make law and policy decisions.
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Notice
Announcements
Registration Open | NACCHO360
NACCHO360 is the largest annual convening of local health department leaders and public health professionals in the United States. This year's convening will be held in Detroit and virtually from July 23–26. The conference theme this year is "Heard it Through the Grapevine: Public Health Partnerships, Collaboration, and Innovation." Attendees will engage with federal and state partners, gain insights from public health experts, and learn how to adopt effective practices. Learn more and register.
Registration Open | Public Health Law Summit
The Network for Public Health Law is hosting the 2024 Public Health Law Summit in Washington, DC, from September 23–25 to bring together public health leaders and practitioners, legal experts, and community advocates to drive actionable changes in maternal and reproductive health policies and practices. Attendees will learn about best practices and innovative approaches to addressing disparities in maternal and reproductive health and will leave with resources and essential insights to bolster their advocacy and advance their efforts to secure reproductive health care for all. Learn more and register.
Tribal Announcements
Registration Open | Strengthening Indigenous America: Building Resilience through Disaster Preparedness, Response, and Recovery
The National Academies of Sciences, Engineering, and Medicine Forum on Medical and Public Health Preparedness for Disasters and Emergencies will host a public workshop both online and in Washington, DC, from July 8–9 to explore opportunities to support the capacity of Indigenous American and Tribal communities to prepare for, respond to, and recover from disasters and public health emergencies. Workshop participants will share stories of strength and resilience, highlight tools and best practices, and identify priorities and gaps where partners can strengthen and support the capacities and capabilities of Indigenous American and Tribal communities. Learn more and register.
Registration Open | 28th Biannual CDC/ATSDR Tribal Advisory Committee Meeting
The purpose of the Tribal Advisory Committee (TAC) meeting is to exchange information, provide guidance, and ensure that CDC/ATSDR activities impacting tribes are appropriately addressed. This biannual TAC meeting will take place both in Canyonville, OR, and virtually from 9:00 am to 5:00 pm (PDT) on August 7 and 8 to create space for members to share information so that tribal concerns are heard. The TAC meeting is open to the public, although public participation is restricted. Learn more and register.
Climate Health Project Coordinator | National Indian Health Board
The National Indian Health Board (NIHB) seeks an experienced public health professional to work on environmental health projects specifically related to climate change. The position will have a focus on National Indian Health Board’s Climate Ready Tribes Initiative, assisting Tribes with adaptation to the effects of climate change and elevating issues impacting Tribal climate health. Learn more and apply.
Policy Analyst | National Indian Health Board
The policy analyst position will report to the Federal Relations Director of the National Indian Health Board. The position is responsible for monitoring regulations and agency activity, policy, and budget analysis; Tribal Consultation; technical assistance to Tribal leaders and representatives, federal agency officials, and other policymakers through service on various federal Tribal Advisory Committees; and special projects related to health care, with a focus on those that impact AI/AN health. The ideal candidate will understand health care delivery, public health, behavioral health, the federal trust responsibility, and the legal, policy, and political frameworks impacting the Indian health care system. Learn more and apply.
Public Health Policy & Programs Project Coordinator (Climate & Environmental Health) | National Indian Health Board
The National Indian Health Board (NIHB) seeks an experienced public health professional to work on current and future public health projects and initiatives. The position will have a focus on creating and coordinating projects that focus on improving the state of Tribal environmental health and environmental justice and Tribal environmental health systems. Included in the above duties, the coordinator will deliver technical assistance, coordinate and facilitate meetings with stakeholders, draft communications, and keep records of all project accomplishments. Learn more and apply.
Job Announcements
Senior Attorney, Harm Reduction Legal Project | Network for Public Health Law
The Network for Public Health Law is seeking a senior attorney to support the Network's Harm Reduction Legal Project. Under the direction of the Project Director, the senior attorney will provide responsive legal technical assistance including research and assessment of laws and policies, consultation on best practices, and strategic guidance to individuals and organizations working to create, expand, and defend syringe access programs, naloxone distribution programs, overdose prevention sites, evidence-based treatment, and related initiatives in furtherance of the creation, continuation, and effective operation of harm reduction programs in the United States. Learn more and apply.
Project Manager | Community Catalyst
The project manager will manage key high-profile projects within the Center for Community Engagement in Health Innovation focusing on improving how health systems address the needs of the communities they serve, with a particular focus on Medicare-Medicaid beneficiaries, family caregivers and long-term services and supports. This position is responsible for the day-to-day operations of projects which include leading teams to operationalize projects, manage contractors and consultants, build out appropriate technical assistance models, craft and execute project-related sub-granting, and engage in project evaluation. Learn more and apply.
Legal Tools & Trainings
Podcast | Waiting for SCOTUS
June is when the Supreme Court typically issues rulings in the major cases it hears during that year's term. This year, those interested in health policy are awaiting decisions in two abortion-related cases and one that could reshuffle the way health policies (and all other federal policies) are made. In this special episode, KFF's Laurie Sobel, associate director for women's health policy, joins Julie Rovner for a review of the cases and a preview of how the court might rule. Learn more and access the resource.
Resource | Overdose Prevention Center Laws
Overdose prevention centers (OPCs) are intended to lessen the risk of overdose and often also provide access to critical services such as syringe exchange, fentanyl test strip and naloxone distribution, and referrals to treatment for infectious diseases and substance use disorder. This longitudinal dataset utilizes questions developed by ASTHO and analyzes statutes and regulations related to the establishment of overdose prevention centers and state pilot programs for overdose prevention centers as from January 1, 2022, to November 1, 2023. Learn more and access the resource.
Resource | Unlocking California State Funding for Community-Based Organizations to Advance Health Equity
Community-based organizations (CBOs) are often the best option for providing critical services to diverse communities in California, yet they frequently encounter obstacles to securing state contracts or grants that could support their mission. ChangeLab Solutions published an issue brief that highlights situations that many CBOs face when competing for state funding. The brief also provides concrete recommendations on how government entities can improve their contracting and grantmaking processes to make it easier for CBOs to advance heath equity. Learn more and access the resource.
Resource | Investments in Energy Efficient Heat Pumps Likely to Pay Off for Public Health
In April 2024, the Environmental Protection Agency announced $27 billion in funding for renewable energy, which holds promising opportunities for advancing public health efforts to address the negative and disparate impacts of climate change. Through this resource, the Network examines one permissible purpose for the funds: to support the purchase and installation of heat pumps, which provide multiple economic, environmental, and health benefits. Learn more and access the resource.
Resource | Public Health Law: A Framework for Addressing Misinformation and Health Equity
As a public health issue that evades simple legal categorization, health misinformation has contributed to significant health harms, highlighted by the COVID-19 pandemic. Authored by ChangeLab Solutions' Wesley Hartman, Sabrina Adler, and Alexis Etow, a new journal article published in the Northeastern University Law Review discusses the harms of health misinformation as well as law and policy approaches for combating its influence. Learn more and access the resource.
Resource | The (Un?)intended Consequences Of COVID-19-Era Judicial Decisions And New Public Health-Related Laws
A new journal article in Health Affairs, co-authored by ChangeLab Solutions vice president of law Sabrina Adler, JD, analyzes the effects of proposed and enacted state laws that limit the legal powers of public health officials. The journal article provides a brief background on the newly altered law and policy landscape, and then provides examples of consequences precipitated by the proposed and enacted laws. Learn more and access the resource.
Top Story
Washington DC: US must pay more of Native American tribes' healthcare costs, Supreme Court rules
Reuters (06/06/2024) Brendan Pierson
Story Highlights:
A split Supreme Court held that the federal government must reimburse two Native American tribes for administrative healthcare costs, stating that the spending is necessary to manage programs assumed from Indian Health Service. Justices determined in a 5-4 opinion that the San Carlos Apache and Northern Arapaho tribes are entitled to millions of dollars in administrative costs connected to years of tribal-run health services, including emergency care, mental health programs, and substance use treatment. The ruling is anticipated to have broad implications for tribes, particularly those facing similar challenges. Tribal nations now have six years to file back claims to be fully reimbursed for any overhead costs.
The issue before the Court was if under the Indian Self-Determination and Education Assistance Act (ISDEAA), is a tribe entitled to recoup contract support expenses when spending third-party revenue to operate healthcare programs? In the opinion, Chief Justice Roberts writes, "Because a self-determination contract requires a tribe to spend program income to further the programs transferred to it in the contract, these provisions require IHS to pay contract support costs when a tribe does so."
The majority held that the secretarial amount and program income do not equate to IHS because tribes incur overhead and administrative costs when managing healthcare programs, which IHS does not. Congress amended the ISDEAA to remedy this funding shortfall by requiring IHS to cover the difference in contract support costs. The Court finds that reasonable administrative and overhead costs incurred by tribes to maintain a self-determination contract are reimbursable.
The dissent argues that the executive branch has previously interpreted a different law, the Indian Health Care Improvement Act, which requires tribes to use third-party income from Medicare, Medicaid, and private insurers to pay overhead costs. The minority further claims that the relevant statutory provisions of ISDEAA do not support this ruling.
[Editor's note: Learn more about American Indian tribes' exercise of Self-Determination.]
Briefly Noted
National: Soft drinks recall update as FDA sets risk level
Newsweek (06/04/2024) Jess Thomson
[Editor's note: Learn more about soft drink regulations.]
National: House passes Iowa Rep. Ashley Hinson's stillbirth prevention bill. What will it do?
The Gazette (05/17/2024) Tom Barton
[Editor's note: Learn more about stillbirth and who is at risk.]
Alaska: Federal bill would add veterinary care to IHS duties to address rabies, other risks in rural Alaska
Alaska Beacon (05/23/2024) Yereth Rosen
[Editor's note: Learn more about rabies prevention.]
Arizona: Attempting to avoid LGBTQ+ issues, school districts are denying basic sexual health education
AZ Mirror (05/28/2024) Shelby Rae Wills
[Editor's note: Learn more about strategies to deliver sexual health education.]
California: EPA orders California water company to comply with Safe Drinking Water Act
Water Finance & Management (06/05/2024) WFM Staff
[Editor's note: Learn more about disinfectants and disinfections byproducts rules.]
California: Slew of CA LGBTQ bills survive first chamber votes
The Bay Area Reporter (05/24/2024) Matthew S. Bajko
[Editor's note: Learn more about structural stigma and LGBTQ+ health.]
Cherokee Nation: Cherokee Nation announces new anti-vaping, anti-smoking efforts on World No Tobacco Day
Cherokee Phoenix (06/04/2024) Staff Reports
[Editor's note: Learn more about the intentions behind World No Tobacco Day.]
Florida: DeSantis signs law that forces Florida HOAs to allow residents to install storm-hardening improvements
Spectrum News 13 (05/29/2024) Jason Delgado
[Editor's note: Learn more about strategies to prepare for tropical storms.]
Indiana: Indiana's new law boosts Lake Michigan rescue efforts after drowning tragedies
News Channel 3 (05/27/2024) Princess Jhané Stepherson
[Editor's note: Learn more about the recent increase in drowning deaths and prevention.]
Kansas: Abortion providers challenge new Kansas law requiring patients be asked their reason why
The Topeka Capital-Journal (05/20/2024) Jason Alatidd
[Editor's note: Learn more about abortion surveillance findings, reports, and data.]
New York: 'Daniel's Law' passes NY Senate mental health committee
Rochester Democrat and Chronicle (05/22/2024) Madison Scott
[Editor's note: Learn more about crisis response for mental health.]
North Carolina: 'It's just gonna hurt people': Possible NC mask ban raises concerns in Charlotte
The News & Observer (06/04/2024) Myles Manor
[Editor's note: Learn more about masks and respiratory virus prevention.]
Utah: A teen's advocacy leads to a law allowing youth access to addiction recovery
UPR (06/03/2024) Clarissa Casper
[Editor's note: Learn more about youth and tobacco use.]
Vermont: Vermont becomes first state to enact law requiring oil companies pay for damage from climate change
Associated Press (05/31/2024) Lisa Rathke
[Editor's note: Learn more about the causes of climate change.]
Global Public Health Law News
Global: Period Poverty – why millions of girls and women cannot afford their periods
UN Women (05/24/2024)
[Editor's note: Learn more about menstrual hygiene.]
Bangladesh: Enhancing health, justice, and security through harm reduction programs
UNODC (05/23/2024)
[Editor's note: Learn more about the basics and getting started for harm reduction programs.]
Honduras: Honduras declares health emergency as Central America starts peak dengue season
CNN (06/01/2024) Michael Rios
[Editor's note: Learn more about how to mitigate the spread of dengue.]
Jamaica: Caribbean health ministers discuss future pandemic response
Jamaica Observer (05/30/2024)
[Editor's note: Learn more about health systems resilience.]
Kenya: The New Refugee Act in Kenya and what it means for refugees
Refugees International (06/03/2024) Abdullahi Boru Halakhe , Allan Mukuki , David Kitenge
[Editor's note: Learn more about refugee and migrant health.]
Nigeria: The Legislature's power in boosting nutrition and food security in Nigeria
Nigeria Health Watch (06/03/2024) Tzar Oluigbo
[Editor's note: Learn more about global food security and nutrition.]
Philippines: Cardiologists seek law mandating AEDs in public spaces
GMA Integrated News (05/28/2024) Giselle Ombay
[Editor's note: Learn more about the important use of CPR and AEDs.]
Spain: Spain tightens protections for children on smartphones
Reuters (06/04/2024)
[Editor's note: Learn more about social media and youth mental health.]
Court Filings & Opinions
Illinois
The Supreme Court of Illinois affirmed the lower court's dismissal of claims brought under the Illinois Environmental Protection Act ("the Act"), holding that the statute does not create a private right of action.
Margaret Rice was injured while laundering her clothes after a spark from the dryer ignited gasoline vapors which had migrated from a leaking underground gasoline storage tank over a mile from Rice's condominium. Rice brought action against the owners and operators of the storage tank, but she passed away during the litigation. Rice's daughter, Laura Rice ("Plaintiff"), was substituted as plaintiff and filed an amended complaint containing nine counts. At issue in this case are Counts I-III, which seek to hold each defendant strictly liable under the Act. These counts were dismissed by the trial court, which held that the Act does not provide a private right of action for the Plaintiff. The appellate court affirmed this holding.
Upon review, the Court first found no private right of action under the Act that expressly grants third parties injured by leaking underground storage tanks the right to seek damages for violations of the Act. The Court then analyzed whether a private right of action should be implied, considering four factors: 1) whether the plaintiff is a member of the class for whose benefit the statute was enacted; 2) whether the plaintiff's injury is one the statute was designed to prevent; 3) whether a private right of action is consistent with the underlying purpose of the statute; and 4) whether implying a private right of action is necessary to provide an adequate remedy for violations of the statute. The Court determined that Plaintiff is not a member of the class the Act was primarily intended to protect, personal injuries are not the type of injury the Act was designed to prevent, and that implying a private right of action for third parties is not necessary to provide an adequate remedy for violations of the Act. The Court reasoned that the Act was intended to protect the environment and its resources, rather than individuals from bodily harm. Additionally, the Court found that a common-law negligence action provides a sufficient remedy so that it is not necessary to imply a private right of action in the Act. Therefore, the lower courts decision was affirmed, and Plaintiff's statutory claims were dismissed.
Rice v. Marathon Petroleum Corporation
Supreme Court of Illinois
Case No. 2024 IL 129628
Decided May 23, 2024
Opinion by Justice Mary O'Brien
Oregon:
The Oregon Court of Appeals reversed the trial court's determination that a county ordinance that bans the sale and distribution of flavored tobacco and synthetic nicotine products was preempted by Oregon's statewide scheme for tobacco retail licensure.
The Oregon legislature enacted a state-wide scheme for tobacco retail licensure in March of 2021. Washington County adopted Washington County Ordinance 878 ("WCO 878"), which prohibits the sale and distribution of flavored tobacco or synthetic nicotine products, on November 2, 2021. Businesses in Washington County ("Plaintiffs") filed a complaint alleging that WCO 878 is preempted by Oregon's state-wide scheme for tobacco retail licensure. The trial court ruled in favor of the Plaintiffs on summary judgment, ruling that WCO 878 was preempted by state law.
The Court of Appeals considered whether WCO 878 is preempted through two possibilities: 1) because the local law could not operate concurrently with the state law; or 2) because the legislature meant for the state-wide tobacco retail licensure scheme to be exclusive. The Court reasoned that the legislature did not mean for the state law to be exclusive because it lacked any language that would suggest it meant to entirely preempt local governments from regulating tobacco and synthetic nicotine products. The Court subsequently determined that WCO 878 and the state law can concurrently exist despite the local law prohibiting something the state law permits. The Court of Appeals reversed the trial court's holding and remanded for further proceedings.
Schwartz v. Washington County
Oregon Court of Appeals
Case No. A179834
Decided May 1, 2024
Opinion by Judge Douglas Tookey
Federal:
The United States Court of Appeals for the Fourth Circuit affirmed the decisions of the district courts in North Carolina and West Virginia, holding that healthcare plans that cover medically necessary treatments for certain diagnoses but bar coverage of those same medically necessary treatments for a diagnosis unique to transgender patients violates the Equal Protection Clause of the United States Constitution and other provisions of federal law.
At issue in this case are North Carolina's state-operated health insurance plan (the "Plan") and West Virginia's Medicaid Program (the "Program"). Both of these state healthcare plans exclude or otherwise limit coverage for gender-affirming care. Under these programs, certain medically necessary treatments are unavailable for transgender patients despite allowing the same treatments for diagnoses unrelated to gender-affirming care. For example, "the Program covers mastectomies to treat cancer, but not to treat gender dysphoria." Plaintiff-Appellees are transgender individuals that brought suit alleging that their respective state health plans violate the Equal Protection Clause. The district courts granted summary judgment in favor of the Plaintiff-Appellees. On appeal, Appellants argue that the state health plans do not violate the Equal Protection Clause because they do not discriminate against a suspect or quasi-suspect class and are therefore valid because they are rationally related to a legitimate government interest. The Fourth Circuit Court of Appeals rejected the Appellants' argument, after applying intermediate scrutiny because the Plan and Program "facially discriminate on the basis of sex and gender identity" and finding that this discrimination was not substantially related to any important government interest. The Court of Appeals therefore affirmed the district courts in both cases.
Kadel v. Folwell
United States Court of Appeals, 4th Circuit
Case No. 22-1721
Decided April 29, 2024
Opinion by Circuit Judge Roger Gregory
COVID-19 Court Filings & Opinions
Minnesota:
We address here the narrow issue—preserved on remand to the court of appeals by our decision in Snell v. Walz, 985 N.W.2d 277 (Minn. 2023) (Snell I)—of whether the Emergency Management Act, Minn. Stat. §§ 12.01–.61 (2022), authorized Governor Walz to declare a peacetime emergency in response to the COVID-19 pandemic. In Snell I, we determined that appellants' challenge to the Governor's peacetime emergency declaration was technically moot, given that the peacetime emergency had ended. 985 N.W.2d at 283. Nevertheless, we concluded that "[t]he question of whether the [Emergency Management] Act gives the Governor power to declare a peacetime emergency for a public health crisis is functionally justiciable and an important issue of statewide significance that should be decided immediately." Id. at 286. We remanded the case and directed the court of appeals to consider the merits of Snell's claim that the Emergency Management Act "does not allow the Governor to declare a peacetime emergency in response to the COVID-19 pandemic." Id. at 291. On remand, the court of appeals concluded that the Emergency Management Act granted the Governor this authority and accordingly affirmed the district court's dismissal of the action. Snell v. Walz, 993 N.W.2d 669, 678 (Minn. App. 2023). We agree and affirm the decision of the court of appeals.
Snell v. Walz
Supreme Court of Minnesota
Case No. A21-0626
Decided May 10, 2024
Opinion by Justice Gordon L. Moore, III
West Virginia:
Petitioner Melissa K. Bond ("Ms. Bond") appeals the February 27, 2023, order of the Harrison County Circuit Court, which granted Respondent's, United Physician's Care, Inc., d/b/a Salem Family Healthcare ("Salem") motion to dismiss. In that order, the circuit court held that Salem was entitled to complete immunity under the COVID-19 Jobs Protection Act, West Virginia Code § 55-19-1, et seq. (2021) ("COVID-19 Act"). The court held that Ms. Bond's claims arose due to "'a natural, direct, and uninterrupted consequence of'[Salem's]implementation of 'policies and procedures designed to prevent or minimize the spread of COVID-19.'"
For the following reasons, this Court reverses the Circuit Court of Harrison County's order dated February 27, 2023, and remands for further proceedings consistent with this opinion.
Bond v. United Physicians Care, Inc.
Intermediate Court of Appeals of West Virginia
Case No. 23-ICA-118
Decided May 29, 2024
Opinion by Chief Judge Thomas E. Scarr
Quote of the month
"Attorney Adam Unikowsky, who represented the Northern Arapaho Tribe, said the decision puts tribes on equal footing with IHS on health care and will 'promote tribal sovereignty and provide resources for health care in underserved communities.'"
[Editor's note: This quote is by Adam Unikowsky, counsel for the Northern Arapaho tribe, from the above article, Supreme Court sides with Native American tribes in health care funding dispute with government, Lindsay Whitehurst, Associated Press (06/06/2024).
About Public Health Law News
CDC's Public Health Law Program (PHLP) works to improve the health of the public by performing research, creating tools, and providing training to help practitioners understand and make law and policy decisions. Every month, PHLP publishes the Public Health Law News with announcements, legal tools, court opinions, job openings & more.
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