Common use of Emergency Legal Authority Clause in Contracts

Emergency Legal Authority. Describe and provide PHEP recipient citations (as applicable) for emergency legal authorities applicable to the Public Health Emergency Law Competency Model, including authorities addressing: • Procedures for the declaration of disasters or emergencies and accompanying emergency authorities for designated officials; • Expedited procedures for receiving, allocating, and spending emergency funds, including the ability to quickly move emergency funds from the state level to local governments; • Powers and procedures for the use of public health interventions including isolation, quarantine, and the seizure and reallocation of supplies; • Emergency suspensions, waivers, or similar legal processes that can be used to minimize the potential conflicts between federal authorities applicable to medical countermeasures and state-based pharmaceutical, prescribing, labeling, and other drug-related laws; if no waivers or similar legal processes exist, PHEP recipients must describe laws that may potentially conflict with emergency use authorizations (EUAs), emergency use instructions (EUI), and investigational new drug (IND) and investigational device exemptions; • Protocol or formal memoranda of understanding or agreement (MOU/MOA) between health authorities and other preparedness partners including law enforcement for implementation of public health activities, such as joint investigations of intentional threats or incidents that impact the public’s health, signed and executed between state public health departments, including local public health departments where relevant, such as in home rule states; and • Protection of volunteers against tort liability and licensure penalties, and the provision of workers’ compensation claims, excluding federal mechanisms such as the Public Readiness and Emergency Preparedness Act. PHEP recipients should distinguish between in-state and out-of-state volunteers and indicate whether the state can use EMAC to send or receive volunteers. Fiscal and Administrative Emergency Processes: Describe expedited fiscal and other administrative processes and identify procedures to test fiscal preparedness planning for such activities, including: • Emergency procurement and contracting authorities and processes and how they differ from day-to-day business processes; • Receiving emergency funds during a real incident or exercise, as well as reducing the cycle time for contracting or procurement during a real incident or exercise; • Emergency hiring processes (workforce surge) and how they differ from customary hiring processes; • Reporting and monitoring methodology to ensure payment efficiency and funding accountability; • Emergency procedures for allocating funds to local and tribal health departments and other subrecipients; • Internal controls related to subrecipient monitoring and any negative audit findings resulting from suboptimal internal controls; and • Internal controls that allow recipients to receive other federal preparedness and response grant funding without the potential for supplanting or commingling of funds. Conduct a fiscal and administrative preparedness tabletop exercise. Test fiscal and administrative preparedness processes during a real incident or tabletop exercise (TTX) at least once every five years. CDC strongly encourages recipients to coordinate with HPP to complete this requirement

Emergency Legal Authority. Describe and provide PHEP recipient citations (as applicable) for emergency legal authorities applicable to the Public Health Emergency Law Competency Model, including authorities addressing: •  Procedures for the declaration of disasters or emergencies and accompanying emergency authorities for designated officials; •  Expedited procedures for receiving, allocating, and spending emergency funds, including the ability to quickly move emergency funds from the state level to local governments; •  Powers and procedures for the use of public health interventions including isolation, quarantine, and the seizure and reallocation of supplies; •  Emergency suspensions, waivers, or similar legal processes that can be used to minimize the potential conflicts between federal authorities applicable to medical countermeasures and state-based pharmaceutical, prescribing, labeling, and other drug-related laws; if no waivers or similar legal processes exist, PHEP recipients must describe laws that may potentially conflict with emergency use authorizations (EUAs), emergency use instructions (EUI), and investigational new drug (IND) and investigational device exemptions; •  Protocol or formal memoranda of understanding or agreement (MOU/MOA) between health authorities and other preparedness partners including law enforcement for implementation of public health activities, such as joint investigations of intentional threats or incidents that impact the public’s health, signed and executed between state public health departments, including local public health departments where relevant, such as in home rule states; and •  Protection of volunteers against tort liability and licensure penalties, and the provision of workers’ compensation claims, excluding federal mechanisms such as the Public Readiness and Emergency Preparedness Act. PHEP recipients should distinguish between in-state and out-of-state volunteers and indicate whether the state can use EMAC to send or receive volunteers. Fiscal and Administrative Emergency Processes: Describe expedited fiscal and other administrative processes and identify procedures to test fiscal preparedness planning for such activities, including: •  Emergency procurement and contracting authorities and processes and how they differ from day-to-day business processes; •  Receiving emergency funds during a real incident or exercise, as well as reducing the cycle time for contracting or procurement during a real incident or exercise; •  Emergency hiring processes (workforce surge) and how they differ from customary hiring processes; •  Reporting and monitoring methodology to ensure payment efficiency and funding accountability; •  Emergency procedures for allocating funds to local and tribal health departments and other subrecipients; •  Internal controls related to subrecipient monitoring and any negative audit findings resulting from suboptimal internal controls; and •  Internal controls that allow recipients to receive other federal preparedness and response grant funding without the potential for supplanting or commingling of funds. Conduct a fiscal and administrative preparedness tabletop exercise. Test fiscal and administrative preparedness processes during a real incident or tabletop exercise (TTX) at least once every five years. CDC strongly encourages recipients to coordinate with HPP to complete this requirement