Wait, Is That Legal? Law and Ethics During Federally Declared Emergencies

Tuesday, March 23
3:45pm4:45pm CDT

View this session in the virtual event platform during Congress.

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Presented By

Brent Ibata, PhD, JD, FACHE

System Director, Accreditation/Quality Assurance
Lee Health
About the Session

In a crisis, a fracture is created between what one ought to do and what one can do. In federally declared emergencies, this fracture quickly grows into a chasm, leaving large gaps between must-do’s and can-do’s. Creative solutions are quickly proposed to toss temporary rope bridges across this chasm. The initial risk-adverse response is typically either a flat-out no or the question, “Wait, is that legal?” In a crisis, any answer other than an emphatic, “Yes! … and” can stifle innovative solutions. In this session, the statutory scaffolding that makes up the framework of health law in the United States will be explored to identify where this framework has been intentionally designed to allow for temporary emergency waivers or exceptions. Additionally, participants will explore how these waivers and exceptions are activated and utilized by hospital executives and suppliers during national emergencies/disasters.

Learning Objectives:

  • Recognize the regulatory pressure-relief valves built into U.S. health laws that allow for emergency exceptions to otherwise rigid regulatory requirements.
  • Demonstrate how to quickly navigate the tangled web of regulations in crisis to get to real-time answers to innovative proposals for emergency challenges.

This session qualifies for 1.0 ACHE Face-to-Face Education credit. Attendees must participate during the scheduled time to earn ACHE Face-to-Face Education credit.