Legal resources regarding coronavirus response

Wednesday, March 18, 2020

Here's a quick roundup of legal resources regarding the U.S. response to the COVID-19 coronavirus disease pandemic.
  • President Trump declared a national emergency under the federal National Emergencies Act on March 13.  This declaration authorizes the Secretary of Health and Human Services to exercise the authority under section 1135 of the Social Security Act to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children’s Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID 19 outbreak.
  • President Trump also declared a emergency under Section 501(b) of the federal Stafford Act. This declaration authorizes the Federal Emergency Management Agency to provide, as appropriate, assistance pursuant to section 502 and 503 of the Stafford Act for emergency protective measures not authorized under other Federal statutes. It also directs relief from certain tax deadlines pursuant to 26 U.S.C. 7508A(a). Finally, the Stafford Act declaration expresses the administration's belief "that the disaster is of such severity and magnitude nationwide that requests for a declaration of a major disaster as set forth in section 401(a) of the Stafford Act may be appropriate." Section 401 of the Stafford Act allows states and tribes affected by a major disaster to request and receive additional federal assistance under certain circumstances, and the declaration explicitly encourages state governors and tribal leaders to consider requesting assistance under this section of the Stafford Act.
  • www.usa.gov/coronavirus, the U.S. government's webpage for "Government Response to Coronavirus, COVID-19", which currently provides information on international travel restrictions, how you can prepare for coronavirus, and what the U.S. government is doing in response to the virus.
  • Maine emergency legislation, LD 2167, taking a variety of actions with respect to coronavirus preparation and emergency authorizations.

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