HAI/AR Outbreak Reporting and Investigation – Legal Frameworks

Effective collaboration on healthcare outbreak response requires understanding of legal authorities

Resources explaining legal preparedness and public health authorities 


About Legal Frameworks and Public Health Investigation Authority

During an outbreak investigation, effective collaboration between health departments and healthcare facilities is essential for an effective, timely response. Therefore, it is important that health departments understand their legal authorities and establish investigation goals, objectives, and expectations with healthcare facility partners in their jurisdictions. 

Most health departments have broad legal authorities for activities related to surveillance and disease control. These authorities, which help support healthcare-associated infection (HAI) / antimicrobial-resistant pathogen (AR) surveillance and response, often intersect with authorities held by local, territorial, state, or federal partners, including agencies responsible for healthcare facility regulation and professional licensing. Because public health authority can be updated or revised over time and can vary by jurisdiction and setting, periodic communication and coordination between health departments and their legal counsel help ensure that legal authorities are effectively exercised and clearly communicated to partners when needed. 

Relationship building and development of trust contribute to effective collaboration between health departments and healthcare facilities. In communicating their public health authorities when initiating an HAI/AR investigation, health departments can describe not only their expectations of the healthcare facility but also how the health department will contribute toward their shared goals. 

Resources, Guides, Reports, & Toolkits

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Public Health Investigation Authority Template Letter ― Goals, Objectives, and Expectations

By CORHA / Colorado Department of Public Health and Environment

Template letter, annotated with suggested actions and explanatory notes, that public health authorities can adapt to outline general objectives, goals, and expectations for healthcare facility leaders and staff when initiating an HAI/AR investigation. This letter can be sent to the healthcare facility prior to or when initiating an investigation.

Featured New Updated

Public Health Investigation Authority Template Letter ― Required Actions

By CORHA / Colorado Department of Public Health and Environment

Template letter, annotated with suggested actions and explanatory notes, that a public health authority can adapt to outline its legal authority and communicate a list of necessary actions to advance the investigation or institute control measures. This letter can be sent to the healthcare facility during an investigation when there is insufficient progress, when the recommended public health actions may warrant additional support from the facility’s leaders, or when a public health order is necessary.

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CDC’s Outpatient Settings Policy Options

By CDC

Outlines key policy elements for improving oversight of outpatient settings; Section 4 and Worksheet 4 serve as useful aids for reviewing and documenting healthcare outbreak investigation authorities.

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Chapter 3: Planning and Preparation (CORHA P&P)


Section 3.8 in this chapter provides considerations regarding legal preparedness, authorities, ethics, privacy, and permissions and approvals.

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Chapter 5: Investigation and Control (CORHA P&P)


Sections 5.3, 5.8, and 5.11 include additional considerations on public health authority during an investigation, such as managing responsibilities, communicating during the investigation, collecting data, and recommending control measures.

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Guidelines for Foodborne Disease Outbreak Response

By CIFOR (Council to Improve Foodborne Outbreak Response)

Chapter 2 of the guidelines summarizes legal preparedness in the context of foodborne illness and helps readers understand how law is integral to public health protections; many aspects may also be relevant to HAI/AR outbreak detection and response.

Legal Frameworks Outbreak Reports & News