What legal provision in the U.S. allowed the HHS to initially declare the COVID-19 Public Health Emergency (PHE)?
Answer
Section 319 of the Public Health Service Act
The authority utilized by the U.S. Department of Health and Human Services (HHS) to establish the domestic Public Health Emergency (PHE) status stemmed from a specific piece of legislation: Section 319 of the Public Health Service Act. This section grants the Secretary of HHS the power to declare such an emergency, thereby activating special domestic regulatory powers that were subsequently used throughout the crisis period starting in January 2020. The termination of this declaration on May 11, 2023, directly signaled the revocation of these special legal authorities, leading to the expiration of many emergency provisions related to healthcare financing and regulation.
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