Center for Infectious Disease Research and Policy



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The Commonwealth of Massachusetts

Executive Office of Health and Human Services

Department of Public Health

250 Washington Street, Boston, MA 02108-4619

| |

|DEVAL L. PATRICK |

|GOVERNOR |

|TIMOTHY P. MURRAY |

|LIEUTENANT GOVERNOR |

|JUDYANN BIGBY, MD |

|SECRETARY |

|JOHN AUERBACH |

|COMMISSIONER |

MEMORANDUM

TO: Interested Parties

FROM: Donna E. Levin, General Counsel

RE: Draft Guidelines for the Development of Altered Standards of Care for Influenza Pandemic

DATE: May 23, 2007

The attached Draft Guidelines for the Development of Altered Standards of Care for Influenza Pandemic have been developed by the Massachusetts Department of Public Health in conjunction with a joint advisory group convened by the Massachusetts Department of Public Health and the Harvard School of Public Health. This joint advisory group was comprised of ethicists, lawyers, clinicians and local and state public health professionals who discussed key ethical, legal and practical issues regarding altered standards of care during an influenza pandemic and considered the following:

1) Several scenarios created by the advisory group and discussions on those scenarios by that group and stakeholder groups of consumers and providers;

2) Relevant literature; and

3) Applicable law with respect to emergency public health authority in the Commonwealth of Massachusetts.

The Draft Guidelines address the following:

I. Public Health Goals

II. Process for Decision-Making on Priorities for the Allocation of Limited Health Care Resources and Altered Standards of Care Protocols

III. Principles for the Allocation of Limited Resources and Altered Standards of Care Protocols

IV. Communication

V. Individual Rights

VI. Provider Liability

A diagram of the basic framework proposed for the development of altered standards of care as set out in the Draft Guidelines is also attached.

These Draft Guidelines are being made available at this stage in their development in response to numerous requests we have received from other states, public health departments and other interested parties.

The Massachusetts Department of Public Health has revised these Draft Guidelines since the initial draft in November, 2006 and it is anticipated that the Department will continue to revise them. Your comments and questions are welcome – please submit them to me at Donna.Levin@state.ma.us.

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