Depending on the type of MAA, a state legislature may need to formally approve a state`s participation in the agreement and enforce it in law, for example. B in the case of EMAC (see below). State laws or ordinances may also establish legal requirements that govern the establishment and operation of assistance and support agreements in the state at large. These State-specific requirements may affect internal agreements between localities and other parties, as well as intergovernmental agreements between the State and other parties. To operationalize MAs, the federal, state, municipal government, and other organizations involved in aid agreements have developed policies, protocols, and definitions of specific resource typing that require the provision of assistance. In addition to the legal requirements for aid management, continuous training, exercise and updating of aid agreements and the policies and protocols they implement is a key factor in the effective delivery of mutual assistance. Aid agreements accelerate emergency measures by establishing protocols for requesting and providing assistance in advance, as well as policies and procedures for reimbursement and compensation, thereby eliminating or reducing the extent to which these issues must be negotiated with each new event. Assistance agreements formalized prior to the event can also expedite FEMA`s reimbursement of services, equipment, and supplies provided as part of mutual assistance. FEMA reimburses the costs of mutual assistance if the assistance was requested (i.e., not spontaneous assistance), the assistance requested is directly related to a disaster eligible for fema assistance and was made under a signed written mutual assistance agreement.2 The assistance agreement must apply in all situations, not just in cases that trigger a declaration of emergency or disaster under the Stafford Act or that are eligible for federal assistance. Only the organization requesting mutual assistance is authorized to apply for a grant directly from FEMA; Entities granting aid must apply to the applicant organisation for reimbursement.
FEMA will reimburse oral assistance agreements, but these must be documented in writing after the event and signed by an official from each company as a condition of receiving reimbursement from FEMA. Mutual assistance agreements and other types of aid agreements facilitate the rapid sharing of emergency aid and resources among governments and organizations at all levels. These may include existing arrangements such as the Emergency Management Assistance Compact (EMAC) or require the creation of new tools to deal with emerging events or parties outside existing pacts. Depending on the nature and scope of an agreement, the laws of a State may govern the formation and operation of the reciprocal aid scheme. (Download a printable PDF file.) Mutual assistance agreements (MAs) and other types of arrangements to provide assistance before, during and after an emergency event facilitate the rapid mobilization of personnel, equipment and supplies. Agreements can be made at several levels of government: between state/local authorities; between a State and localities within the State; between two or more States in a region; between states and tribes; or internationally between states and jurisdictions neighbouring Canada or Mexico. MAOIs can also exist under a variety of types of organizations, including governments, nonprofits, and private companies. The format of agreements can range from formal pacts adopted by a state legislature to informal memoranda of understanding that describe how state and private resources provide assistance within a given community.
Emergency MAOAs typically deal with emergency management, fire, law enforcement, and medical response, although they can address other issues (see below). Participation in MAIDs is considered an important component of the federal National Incident Management System (NIMS), which aims to provide a systematic approach to support governments at all levels, non-governmental organizations and the private sector in collaborative emergency preparedness and response activities.1 EMAC is a type of MAID that facilitates the sharing of assistance between states during emergency events. including natural and man-made disasters. EMAC was ratified by the U.S. Congress in 1996.3 It is the most widely used MAA in the United States; EMAC has been adopted by all states, the District of Columbia and some territories.4 EMAC does not replace federal assistance, but is used to supplement federal resources or to provide resources when an event does not warrant federal assistance. EMAC is triggered by a requesting state through a declaration of emergency by the Governor and a request for assistance from the National Emergency Management Association (NEMA), the organization that administers EMAC.4 Supporting states respond to the request and provide the requested resources. Under the EMAC, the requesting State is responsible for compensating the supporting State for all costs incurred.5 The EMAC also addresses issues of licensing, liability and compensation for personnel deployed in accordance with an eMAC request. Those who provide assistance under the Covenant are deemed to be the representatives of the requesting State in matters of tort and immunity; No supporting State or its officers, employees or other persons appointed by the State through EMAC shall be liable for any act or omission done in good faith.6 Intentional misconduct, gross negligence or recklessness shall be excluded from EMAC`s immunity.
Since the EMAC applies only to government officials or employees and other persons appointed by the State through the EMAC, the protection of immunity and reciprocity of licenses does not automatically extend to volunteers who provide services outside the EMAC. Volunteers should be appointed as temporary government employees to ensure EMAC coverage. Similarly, local governments and their employees are not parties to the EMAC unless they are explicitly considered state forces by an MAA with the state. The Model State-County Mutual Aid Deployment Contract is an intergovernmental model contract that allows local emergency responders to be deployed under the auspices of EMAC.7 Some states have developed national mutual assistance systems that allow municipalities to request and provide assistance within the state.7 In addition to EMAC, other pacts and mutual assistance agreements have been established in some regions. These include, for example, the Pacific Northwest Emergency Management Agreement and chempack sharing procedures in California, Nevada and Oregon. 7 Other cooperation agreements related to public health activities in general, but also to support emergency preparedness and response, include the Great Lakes Border Health Initiative Public Health Data Sharing Agreement and the Guidelines for U.S.-Mexico Coordination on Epidemiological Events of Mutual Interest. 7 The model intra-State legislation on mutual aid was developed by NEMA to facilitate national mutual assistance between the jurisdictions of a State.4 The purpose of marketing authorisations related to public health and emergency response may include emergency management and emergency management in the field of public health in general, addressing issues such as public health data exchange, pandemic influenza preparedness, influenza surveillance, sharing of laboratory resources, tuberculosis treatment and control, and animal health emergency management. Intergovernmental agreements that respond to the needs of specific population groups (para.
B e.g. mentally or physically handicapped, elderly) or problems that may be beyond the organisational control of a State health authority (e.B. Environment, Agriculture), can also provide significant resources and expertise to respond to public health and other emergencies. MAs also exist between private companies in specific sectors such as water and energy utilities and healthcare companies.8,9 Note: This document was prepared from June to December 2011 and reviewed in May 2013; it reflects the laws and programs that were in place at the time. It reflects only parts of the laws relating to public health emergencies and is not intended to exhaust all relevant legal powers. This resource is provided for informational purposes only and is not a substitute for professional legal advice or other advice. The paper was awarded by CDC Award No. 1U38HM000454 to the Association of State and Territory Health Officials; Subcontractor PI Elliott, Logan Circle Policy Group LLC. While an established MAA such as the EMAC or a model aid agreement may require the inclusion of a particular language in an agreement, the U.S. Department of Homeland Security through the NIMS has identified a number of important elements that should generally be included in the MAA1:. .