81 FR 18865 - Temporary Reassignment of State, Tribal, and Local Personnel During a Public Health Emergency

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Federal Register Volume 81, Issue 63 (April 1, 2016)

The Department of Health and Human Services, Office of the Secretary is announcing the availability of a final guidance entitled ``Guidance for Temporary Reassignment of State, Tribal, and Local Personnel during a Public Health Emergency.'' Section 201 of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 (PAHPRA), Public Law 113-5, amends section 319 of the Public Health Service (PHS) Act to allow the Secretary of HHS, when she declares a public health emergency under section 319 of the PHS Act, to authorize, upon request by a state or tribal organization or their designee, the temporary reassignment of state, tribal, and local personnel funded through programs authorized under the PHS Act to immediately address a public health emergency in the state or Indian tribe. This final guidance addresses that provision.

[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Notices]
[Page 18865]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07404]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Temporary Reassignment of State, Tribal, and Local Personnel 
During a Public Health Emergency

AGENCY: Office of the Secretary, Department of Health and Human 
Services (HHS).

ACTION: Notice.

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SUMMARY: The Department of Health and Human Services, Office of the 
Secretary is announcing the availability of a final guidance entitled 
``Guidance for Temporary Reassignment of State, Tribal, and Local 
Personnel during a Public Health Emergency.'' Section 201 of the 
Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 
(PAHPRA), Public Law 113-5, amends section 319 of the Public Health 
Service (PHS) Act to allow the Secretary of HHS, when she declares a 
public health emergency under section 319 of the PHS Act, to authorize, 
upon request by a state or tribal organization or their designee, the 
temporary reassignment of state, tribal, and local personnel funded 
through programs authorized under the PHS Act to immediately address a 
public health emergency in the state or Indian tribe. This final 
guidance addresses that provision.

ADDRESSES: Copy of the final guidance may be obtained at 
www.PHE.gov!femporacyReassignment.
    Additional Information: For additional information, please contact: 
Lisa Kaplowitz, MD, MSHA, Deputy Assistant Secretary, Office of Policy 
and Planning, Office of the Assistant Secretary for Preparedness and 
Response, 200 Independence SW., Washington, DC 20004, telephone number 
(202) 205-2882.

SUPPLEMENTARY INFORMATION:  Section 201 of PAHPRA, Public Law 113-5, 
amends section 319 of the PHS Act to allow the Secretary of HHS, when 
she declares a public health emergency under section 319 of the PHS 
Act, to authorize, upon request by a state or tribal organization or 
their designee, the temporary reassignment of state, tribal, and local 
personnel funded though programs authorized under the PHS Act to 
immediately address a public health emergency in the state or Indian 
tribe.
    The PHS Act requires that HHS issue proposed guidance on this 
provision, to be followed by a 60-day public comment period. Consistent 
with this requirement, a notice appeared in the Federal Register on 
October 1, 2013 (78 FR 60283) notifying the public that HHS was 
accepting comments on such proposed guidance. This 60-day public 
comment period concluded in December 2013. There were nine submissions 
received in the public comment period. Five of the submissions were 
local governments, one state government, and three associations. 
Revisions made based on feedback received included setting timelines 
for HHS to review; standardizing the request template for states and 
Indian tribes, expanding the post event reporting requirements from 90 
to 120 days, and clarifications on which Public Health Service programs 
were potentially affected.
    The temporary reassignment provision is applicable to state, 
tribal, and local public health department or agency personnel whose 
positions are funded, in full or part, under PHS programs. This 
authority terminates on September 30, 2018.
    This new provision provides an important flexibility to state and 
local health departments and tribal organizations during an event 
requiring all the resources at their disposal. The temporary 
reassignment provision permits state, tribal, and local personnel to be 
voluntarily reassigned so they can immediately respond to the public 
health emergency in the affected jurisdiction.

    Dated: September 1, 2015.
Sylvia Burwell,
Secretary.

    Editorial Note: This document was received for publication by 
the Office of the Federal Register on March 29, 2016.

[FR Doc. 2016-07404 Filed 3-31-16; 8:45 am]
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