Know the Law

Federal law authorizes the Secretary of the United States Department of Health and Human Services to make and enforce regulations necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the United States, or from one state or possession into any other state or possession.

The pertinent federal regulations are contained in 42 CFR Parts 70 and 71. The CDC has published and received comment on propoosed changes to the regulation.

The diseases for which individuals may be quarantined under federal authority are specified by Executive Order of the President, as amended.

State and Local . The federal list does not govern state use of isolation/quarantine. State and local officials act in accordance with state laws. For example, Washington's rules do not specify the diseases for which I & Q may be initiated. Instead, I & Q may be initiated for a communicable disease or chemical, biological, or radiological agent that could spread to others and would pose a serious and imminent risk. Visit your State Legislature's Web site for more information.

Privacy . It is helpful to anticipate the necessary disclosures of personal information to such people as law enforcement, transportation providers, facility personnel, service providers and employers. HIPAA does not preclude necessary disclosure of necessary information by public health authorities for public health purposes. However, you may decide to provide privacy protections, if possible. You state law may also contain privacy requirements.

HAVING THE RIGHT PARTNERS IN PLACE

As with many aspects of isolation and quarantine, community partners play an essential role in the legal component. Building relationships with local hospitals and law enforcement will assist you in treating and detaining those individuals that are not in compliance.