LEGAL PREPAREDNESS FOR PANDEMIC FLU - WEDNESDAY, APRIL 26, 2006

 
AGENDA
8:15 Registration and Continental Breakfast
9:00 Welcome and Setting the Context
Marice Ashe, JD, MPH; Director, Public Health Law Program, Public Health Institute
9:10 Epidemiology of Avian Flu
The science of avian flu and other emerging infectious diseases
Tomás Aragón, MD, PhD; Director, Center for Infectious Disease Preparedness, UC Berkeley School of Public Health.
9:45 Public Health Tools and Practice
Legal actions that can taken by public health agencies to prevent and manage communicable diseases
Tony Iton, MD, JD, MPH; Public Health Officer, Alameda County

Issues to be discussed include:
  Disease surveillance   Disease control
  • Inspection of records
  • Inspection of property
  • Examination of persons
  • Isolation and quarantine and other restrictions of physical liberty
  • Prophylaxis, treatment, and vaccination
  • Decontamination, and destruction of property
  Resource Coordination   Communications
  • Commandeering of property
  • Conscription of personnel
  • Confidentiality

10:15 Break
10:30 Public Health Law In Practice: A Case Study On Pandemic Flu
A hypothetical focusing on a potential avian flu outbreak on a college campus located in a densely populated urban environment will be presented. The story will unfold over a simulated two-week period. Panelists will respond to the medical facts as they emerge and comment on the legal authority of public health agencies to take action, the legal obligations of the healthcare sector and private employers to work with government agencies, and ethical perspectives on how decisions will be made in the face of medical and legal uncertainties.

Panelists include:

  • Tomás Aragón, MD, PhD; UC Berkeley School of Public Health
  • Marice Ashe, JD, MPH; Director, Public Health Law Program (moderator)
  • Peter Baldridge, JD; Deputy Counsel, California Department of Health Services
  • Brenda Carlson, JD; Deputy County Counsel, San Mateo County
  • Tony Iton, MD, JD, MPH; Public Health Director, Alameda County
  • Steve Lipton, JD; Partner, Davis Wright Tremaine
  • Ellen Miyasato; Assistant Regional Counsel, US Department of Health & Human Services
  • Jeffrey Tanenbaum, JD; Partner, Nixon Peabody

Noon Lunch - Please select
 No Preference  Vegetarian  Kosher
 Other (specify) 
12:45 Break-Out Session I
  Healthcare Track - Select A, B, or C Employment Track - Select A or B
A1 - Licensing Facilities and Credentialing Personnel
John Chesley, Ropes & Gray
Abbie Maliniak, Fulbright & Jaworski
Bud Pate, Practice Director, Clinical
   Operations Improvement, The Greeley
   Company; former Director of
   Accreditation and Licensing for Kaiser
   Foundation Hospitals
   (Southern California)
David Vukadinovich, Senior Counsel,
   Catholic Healthcare West
  • Providing Services in Excess of Capacity
  • Temporary Expansion of Capacity (portable facilities)
  • Alternate Uses of Facility Space and Resources
  • Compliance with Staffing Ratios
  • Credentialing for Responders
  • Scope of Duties
  • Provision of Services in Excess of Scope of Practice

~ OR ~

B1 - Patient Care Issues
Carole Klove, Chief Compliance and
   Privacy Officer, UCLA Healthcare
Peerapong Tantamjarik, Davis Wright
   Tremaine
David Witt, MD, Infectious Disease
   Physician; Co-chair, Clinical Work
   Group, Healthcare Continuity
   Management, Kaiser Permanente
  • During Epidemic or Public Health Emergency
  • Exchange of PHI under HIPAA Privacy Rule
  • California Confidentiality of Medical Information Act
    (Civ. Code § 56 et seq)
  • Training Personnel
A2 - Protecting Employee Safety and Health: Cal/OSHA Compliance During A Bio-Event
Allyce Kimerling, Staff Counsel,
   Cal/OSHA
Jeffrey Tanenbaum, Nixon Peabody
  • IIPP Obligations
  • EAP Obligations
  • Communicable Illness Guidelines/ Regulations
  • Workplace Security Issues
  • Contingent Workforce Safety and Health
  • The Proposed Cal/OSHA Aerosol Transmissible Disease Standard

~ OR ~

B2 - Critical Staffing Issues During A Bio-Event
Marjorie Fochtman, Nixon Peabody
Jennifer Walt, Partner, Littler Mendelson
  • Communication with Employees Overtime and other Wage and Hour Issues
  • Leaves of Absence
  • The Contingent Workforce and Emergency/Supplemental Staffing
  • Alternative Workplace Issues
  • Managing Travel Restrictions
  • Benefit Programs

2:00 Break
2:15 Break-Out Session II
  Healthcare Track - Select C Employment Track - Select C or D
 
C1 - Open Forum with State and Local Government Attorneys and Hospital Organizations
Marice Ashe, Public Health Law Program
Brenda Carlson, Deputy County Counsel,
   San Mateo County
Steve Lipton, Davis Wright Tremaine
Ellen Miyasato, Assistant Regional
   Counsel, US Department of
   Health & Human Services
Robert Ragland, Deputy County Counsel,
   Los Angeles County
Jeff Sconyers, Vice President & General
   Counsel, Children's Hospital & Regional
   Medical Center
  • What do the Public and Private Sectors Need from Each Other?
  • How Do They Communicate in Crisis Conditions?
C2 - Mandating healthcare for employees?
Brian Ashe, Seyfarth Shaw
Kamili Dawson, Seyfarth Shaw
Jennifer Walt, Littler Mendelson
  • The Intersection of Cal/OSHA, Employee Privacy Law and the ADA
  • Requiring Vaccinations
  • Medical Screening
  • Isolation and Quarantine
  • Return to Work Examinations/Release to Return

~ OR ~

D2 - A Model Bio-Event Emergency Response And Recovery Plan For Employers
Allyce Kimerling, Staff Counsel,
   Cal/OSHA
Jeffrey Tanenbaum, Nixon Peabody
  • Overview
  • Coordination with Public Health Officials and Emergency Responders
  • Communication Systems
  • Cal/OSHA Compliance
  • Medical Issues
  • Staffing Issues and Restrictions
  • Leaves of Absence
  • Benefit Programs
  • Community Service Initiatives

3:30 Closing Plenary: Developing Public Private Partnerships for Pandemic Flu Response
Howard Backer, MD, MPH; Chief, Immunization Branch, Chief Medical Consultant, Emergency Preparedness, California Department of Health Services
Skip Skivington, National Director, Healthcare Continuity Management, Kaiser Permanente
4:15 Closing Remarks and Adjourn