Legal and Ethics

About the Region V for Kids Legal Playbook

As routine hospital operations transition into emergency operations during a disaster, emergency, or patient surge, the legal landscape may change to adapt to these altered circumstances. To perform their duties effectively and compliantly, emergency management and health care professionals need a basic understanding of the legal landscape that emerges during emergencies and disasters. While not a decision-making tool, the Legal Playbook provides primary information for emergency managers, healthcare administrators, and other decision-makers to operate legally and with minimal liability risk. 

Key Features:

• Section I: Offers an introduction to the Legal Playbook

• Section II: Addresses the availability and scope of emergency powers at the federal, state, and local levels.

• Section III: Provides an overview of how the legal framework governing health care capability and capacity applies during emergencies and disasters.

• Section IV: Outlines the areas of federal and state law where immunity protections against liability may be found.

• Section V: Examines how legal and ethical considerations affect decisions about allocation of scarce resources and the applicability of crisis standards of care.

• Section VI: Discusses family reunification process and requirements during disasters and emergencies, a topic that is integral to pediatric health care settings.

This report serves as an introduction to the complex legal and ethical issues arising when providing health care during emergencies, disasters, or other circumstances where the customary standards of healthcare may not be achievable. Your organization’s legal counsel may have more specific recommendations pertinent to your state or locality. Ideally, the guidance in this report prepares users to ask their counsel well informed, concise questions.