Legal Considerations - Crisis Standards of Care

One major challenge in preparedness and response is convincing emergency planners to incorporate legal aspects into planning. To prepare for a pervasive or catastrophic public health event that may result in Crisis Standards of Care, MDH recommends:

1. Emergency managers review emergency and response plans and give thought to how responders will receive qualified legal advice to address the important yet unanticipated legal issues that will inevitably arise during a medical surge incident.
2. Emergency managers work with their attorneys to identify and discuss potential legal issues and legal authorities before disaster strikes.
3. Emergency managers incorporate Crisis Standards of Care strategies into practice as extensions of current emergency operations or medical surge plans to protect their employees.

Framework

• Minnesota CSC Legal Authority and Environment (PDF)  Updated
  The purpose of this document is to provide a brief overview of some potentially applicable laws to give emergency management officials basic background information to assist when dealing with their own attorneys in emergency planning and response. It is not intended, nor should it be construed as, legal advice.

Resources

• Minnesota Emergency Management Act (MEMA)
  MEMA (also commonly referred to as Chapter 12) is the primary source of State government’s authority to respond to any type of emergency or disaster, including those that threaten public health.

• Minnesota Statutes: 144E.266 Emergency Suspension of Ambulance Service Requirement
  The state recognizes the need to allow suspension of certain ambulance requirements during legally declared disasters.

• Emergency Management Assistance Compact (EMAC)
  EMAC is the nation’s state-to-state mutual aid system.

• Centers for Medicare & Medicaid Services (CMS): 1135 Waivers
  This is the homepage for CMS 1135 waivers. On this page you will find resources including: at a glance information, questions and answers, authority, and how to request an 1135 waiver.