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Standing Panel on the Federal System
Meetings

"Public Health Infrastructure, Homeland Security and Federalism"

February 7, 2003
Standing Panel on the Federal System
National Academy of Public Administration

Expert panel:
Earl Fox, Director, Urban Health Institute, Johns Hopkins University, and former Administrator, Health Resources and Services Administration (HRSA), U.S. Department of Health and Human Services
Barbara Levine, Public Health Advocacy Consultant and Director of Legislative Affairs, Association of State and Territorial Health Organizations (ASTHO)
Nancy Rea, Program Manager, Health, Mental Health and Substance Abuse, Metropolitan Washington Council of Governments (WASHCOG)

Moderator: Beryl Radin, NAPA Fellow and Professor of Government and Public Administration, School of Public Affairs, University of Baltimore

Spurred by the threats of bioterrorism and the strain that the September 11 attacks and the anthrax incidents have placed on public health systems, NAPA Fellows Beryl Radin and Earl Fox organized a panel to consider the structure of the public health system, the extent of collaboration between local, state, federal, and other related organizations, and the nature of intergovernmental challenges of homeland security.

In preparing for the session, Radin noted that she had found very little about public health in the February 2001 Hart-Rudman report (the Phase III report of the United States Commission on National Security/21st Century, Road Map for National Security: Imperative for Change). The commission talked about science and the budget for scientific research, but did not anticipate the many issues related to preparing the infrastructure and delivering assistance in the event of bioterrorism or a catastrophic outbreak of a deadly disease requiring widespread and immediate treatment.

The interdependence of the various levels of government-federal, state, and local-is reflected in all the major public health issues associated with terrorism: responding to the effects of the terrorist attacks, including anthrax issues; identifying and treating bioterrorism threats, particularly the issues related to the availability of data; and preparing, distributing and administering the smallpox vaccine.

The panel included people with experience in public health at the local, state, and federal levels of government, as well as in the private and non-profit sectors. (A representative from the current staff of the U.S. Department of Health and Human Services Center for Disease Control and Prevention in Atlanta was invited but was not able to attend.)

The moderator proposed a set of issues for the panel to discuss including

  • their roles and experiences to date with public health and homeland security issues
  • coordination issues in dealing with federal, state, and local government
  • their points of contact in the federal government
  • strategies used by federal programs and officials for dealing with public health and homeland security (proactive or reactive)
  • the Department of Homeland Security plans to form a Policy Coordination Committee on Medical and Public Health Preparedness
    whether the concept of "first responders" is helpful to them

PANEL PRESENTATIONS

Barbara Levine, Public Health Advocacy Consultant and Director of Legislative Affairs, Association of State and Territorial Health Officials (ASTHO)

Public health people often don't talk to other than public health people. Many citizens still seem to believe that "public health" means health care for the poor. Before September 11, 2001, ASTHO worked hard to get Congress to pass legislation on public health infrastructure for bioterrorism, but the issue just didn't have the urgency to command their attention.

When anthrax was found in the mail after September 11, public health suddenly became a concern. Almost no state was prepared to do testing for anthrax. The Maryland testing lab was flooded requests. People started to understand what public health meant.

Congress moved quickly to appropriate $1 billion for public health. Now state public health officials face a new challenge: All the people who have been waiting for years for funding think the money should go to them.

At that point, the states didn't even have a plan for public health and terrorism. They had to bring together all the relevant state agencies, local public health officials, the National Guard--people who had not been meeting and in some cases had never been in touch with each other before. Invariably someone feels left out; there are tremendous expectations and it is unlikely everyone will ever be happy.

It is a monumental task and the states have made a good start, though experiences vary by state and community. In Oregon, the general feeling is that things are working well; in other states, the small communities are happy and the large cities are not. The thing to remember is every community and every local public health department is different: "If you have seen one local health department, you've seen one local health department."

The states know they have to:

  • show some short-term progress
  • work toward long-term improvements in public health infrastructure and response capacity
  • train public health employees expeditiously and cost effectively

"You don't just go out and find qualified epidemiologists on the street."

In the federal government, the responsibility for public health is focused in HHS, including the Health Resources and Services Administration (HRSA) and the Centers for Disease Control (CDC). They have a lot of new people working on homeland security issues, most of them in jobs that never existed before this year. They are putting together new information, writing grants, and trying to gear up at once. "For the first year, they've done a good job. It is hard when things are changing."

There are many public health coordination issues across levels of government, including distribution of the appropriated federal funds. The most frequent complaint is that local communities aren't getting funding. In fact, some states have no local public health departments, while others have more than 200. With such disparities, it wouldn't make sense to try to give the same funding or responsibility to the local communities in every state.

ASTHO sees three general categories of activities and funding: some funds should go to the state, some should go to the local agencies, and some cover "shared services" where benefits accrue to both state and local public health. Although the funding may be counted as "state" spending, in some cases, actions taken by the state health department serve local public health interests:

  • In Maryland, the state put in place a Health Alert system for local health departments, which they can use to be in touch with others in the community, but the control of the system is at the state rather than local level.
  • Iowa prepared a flyer on public health threats such as smallpox and provided $100,000 for local agencies to distribute it to citizens.
  • A state lab that tests for anthrax or other biothreats strengthens every local community's capacity for testing at a lower cost than if they each developed a lab.

There are still improvements to make in state and local coordination but ASTHO has seen good coordination to date. ASTHO also has been producing guidance on actions to take at local levels before and after a terrorist attack.

Nancy Rea, Program Manager for Health, Mental Health, and Substance Abuse, Washington Council of Governments (WashCOG)

WashCOG had a bioterrorism task force 18 months before September 11, 2001. The task force report, "Planning Guidance for the Health System Response to a Bioevent in the National Capital Region" was finalized on September 9, two days before the terrorist attacks. "We still flunked on anthrax," in terms of who would be in control, state and local coordination, and working with the CDC. After that experience, the region's public health officials were asked to develop a "concept of coordination" plan.

There are two key challenges for COG in coordinating on public health:
1. disease surveillance
2. getting federal agencies to wear a separate hat, not only as an umbrella oversight and policy authority for the nation but also as a local employer, when something happens in the Washington area. If federal agencies send their employees home or suggest they use Cipro [antibiotic prescribed to fight anthrax], that has a major effect on the local community.

"HHS has been wonderful to work with . . . They are functioning as a fourth state health department in the Washington region." Federal health officials have been put into COG's Regional Incident Communication and Coordination System (RICCS). COG has relied on Jerome ("Jerry") Hauer, currently Acting Assistant Secretary for Public Health Emergency Preparedness at HHS, to coordinate between COG and all the public health related federal officials and agencies. COG works with health care professionals in private practice, hospitals, medical societies, as well as physicians at the U.S. Capitol, the Public Health Service and other parts of HHS, the Federal Emergency Management Agency (FEMA), and Department of Defense (DOD).

"Federal funding streams go to states but most problems are regional so we may end up with three incompatible systems especially with grants, for example in disease surveillance. If we could develop funding streams that go across state lines . . ." then COG would have an easier time developing effective strategies and response to health challenges.

"Most federal agencies are not used to working with local governments. They usually work with states, whereas COG has not worked as much with states. COG officials have already begun meeting with the official in charge of anti-terrorism in the new administration in Maryland. COG has a communications system that reaches across state lines in the Washington area, so it can be used to link Maryland to Virginia and the District of Columbia in an emergency.

COG is hoping to have a tabletop exercise for health emergencies, to allow all the relevant local, state, and federal officials and agencies to test and practice their approaches to communications and response. These exercises are usually developed to deal with a military or paramilitary event, not a public health emergency, which may develop slowly. In a bioterrorism incident, there may be a question of who should be in charge. For example, if a crime is involved, would FEMA coordinate, or would a law enforcement agency have the lead?

Regional health issues are not new to COG: West Nile virus and malaria threats in the last two years have required regional coordination. Loudon County borrowed Spanish-speaking public health officials from Montgomery County to deal with malaria among Hispanic residents in northern Virginia. This presents some legal issues. For example, state law requires that personal medical information cannot cross state lines.
There are also liability and workers' compensation issues, if state employees work in other states. COG has been asked to lend a staff person to HHS to provide expertise in these areas.

One federal program COG has worked with is the National Pharmaceutical Stockpile. In the event of an event requiring large amounts of medication very quickly to avert a public health crisis, the stockpile sends a "push pack" of the needed medications within 12 hours. Only one "push pack" is sent to a region, which then must be distributed. There is a question of who will get it in the Washington region--state or local officials. Then it must go to the appropriate hospitals or health care providers.

"First responders are mostly not government people, they are in the private sector. After the [attack on] the Pentagon, we discovered that most people don't go first to the hospital, they go to a clinic or to their doctor."

In an emergency, public health officials sometimes have to reach beyond their own region for assistance. On September 11, 2001, domestic airline flights were suspended and it was not possible to obtain skin from the usual supply centers to treat the burn victims at the Pentagon. Volunteers agreed to drive to Texas to bring the skin to Washington, DC.

The week before the panel meeting, COG had a conference call in which officials discussed the model they should use for future emergency response. The response to the discovery of anthrax was not considered effective. It was not clear who was in charge, or who would receive the region's "push pack" of medications from the National Pharmaceutical Stockpile. For future incidents, the officials recommended following the model of the response to the sniper incident in the area in the fall, with one spokesperson and one control center, perhaps in the jurisdiction first affected.

In the area of medical surveillance, COG currently has a research project at Johns Hopkins University, funded by DOD, called "Essence," but it is only targeting syndromes associated with bioterrorism, and it is only funded for one year. Rea suggested it would be useful to have an ongoing project to develop surveillance for a variety of diseases, not just those related to homeland security threats. "If we're not looking, we may not see the next crisis coming until it's too late."

Claude ("Earl") Fox, Director, Urban Health Institute, Johns Hopkins University, Baltimore, MD

Earl Fox, newly elected a NAPA Fellow in 2002, has served in local public health agencies, as state health agencies, and in federal government, where he served as HRSA Administrator until 2002.

"A lot has happened at the federal, state, and local levels [to improve the public health infrastructure] since 9/11 but a tremendous amount still has to be done by the feds." Though not as widely known as CDC, HRSA has twice the budget of CDC and unlike CDC, HRSA has regional offices that work with state and local health departments and community health centers.

HRSA has funded public health training centers for state and local public health departments through distance learning. CDC later started funding its own bioterrorism training centers through a different grant. There was a lost opportunity on the part of both HRSA and CDC to coordinate their training efforts with schools of public health. Some universities including Johns Hopkins are trying to coordinate the two programs but the funding is probably not sufficient to do either. "We should coordinate . . . Even if you put people in the same organization, they still may not talk. It is the same challenge we face with the Department of Homeland Security."

The President has called for 1,200 new community health centers (funded mostly by HRSA) but they don't always talk to the state health departments. The nation now has approximately 3,000 local public health departments, 50 state health departments, and 3,500 community health centers, for a total of between 6,500 and 7,000, and they are not all talking. The states can help by providing coordination.

"We don't even know where the public health workforce is." There is a tremendous opportunity to improve that knowledge base, particularly with a new federal project to give funds to states for that purpose. HRSA gave a grant two years ago to the State University of New York to develop a database on public health workers across the United States. "There is no common taxonomy; no one even knows the total, where they are, and the demographic trends on where they should be."

The nation also has a huge shortage of environmental epidemiologists--probably only a handful is working in the entire country. Many public health departments don't have anyone trained in environmental health issues; they need to identify the need and develop and train people to do that work.

In earlier years, before Medicaid shifted to managed care, there was an increment of funding above basic needs and most public health employees in local communities were funded by Medicaid, including public health nurses. Sec. 1115 of the Social Security Act http://www.nhpf.org/pdfs_ib/IB777_1115Waivers_6-13-02.pdf allows states to apply for waivers from the federal requirements in order to initiate pilot, experimental, or demonstration projects to try innovative and more flexible health care programs but for the most part, Medicaid funding has been so tight that the increment of funding available for public health has not been available. The Clinton health care reform proposal included some funding for preventive medicine, but that was not adopted. "We've got to get preventive medicine on the radar screen. The federal government has no more than $2 million in the budget for preventive medicine programs. Not that many schools teach it. An infusion of $10-12 million would make a huge difference in training and getting people into local public health organizations.

On the issue of intergovernmental coordination, rural health departments talk to community health centers and public health agencies. When he was at HRSA, it gave a grant to a local agency to look at all the HRSA grants to organizations within the local jurisdiction. That knowledge is very helpful.

Currently, Fox's organization has an Institute of Medicine grant to look at food safety and report to Congress by summer. With the threat of bioterrorism that could affect water or food, it will be a problem if state and local health departments, EPA, USDA, and the Food and Drug Administration (FDA) don't talk. Though GAO has recommended consolidating some of those agencies and programs, they each have their own systems and missions and constituencies and don't want to consolidate. But there are many opportunities to coordinate programs and they need more coordination.

Fox also expressed disappointment that when communities wanted to obtain Cipro to protect workers against anthrax, no one mentioned the federal 340B drug pricing program created in the Veterans Health Care Act of 1992 (U.S. Public Law 102-585), which allows health care providers certified as "covered entities" by HHS to purchase prescription drugs at reduced prices. A half dozen institutions are covered in the Baltimore area alone, and none of them used the 340B authority, which would have allowed Cipro to be purchased at lower cost. More than 9,000 institutions serving 10 million people across all 50 states are already certified as "covered entities." www.ncsl.org/programs/health/drug340b.html

COMMENTS AND QUESTIONS

Nancy Rea commented that one of the biggest problems is information sharing; it is difficult to get individuals and agencies to share what they know, particularly if they are afraid that it might put them in a bad light or if they are uncertain what others may do with the information.

Earl Fox recalled that even within HHS, the individual agencies such as HRSA, HCFA (Health Care Financing Administration, now known as the Centers for Medicare and Medicaid Services or CMS), Administration for Children and Families (ACF), and the Centers for Disease Control (CDC) all had different methods of communicating with states and local governments. Many communications systems have been or are being developed that could be shared. For example, USDA installed satellite downlink capacity in every state, which HRSA tapped into.

In HHS, he recalled that the Regional Health Officer reports to the Regional Director, who is a political appointee with no formal power over the HHS regional offices, which are part of HRSA, HCFA, etc. But he noted that even without unified organizational structures or procedures, agencies in a region can at least communicate and get together for planning.

Paul Posner: We often hear the term "picket fence federalism" (where each agency and level of government does its own thing without knowing or coordinating with others that have parallel or overlapping missions). There are many federal agencies that don't communicate with each other. For example, FEMA probably has centers that are not part of the health system.

Health issues are very regional. We hear some examples of the federal government promoting coordination, for example Metropolitan Planning Organizations (MPOs, which are charged with developing transportation improvement plans for investing federal funds for highways and transit). Maybe the National Pharmaceutical Stockpile "push packs" are another case where the federal government can promote coordination across a region.

Barbara Levine: The states would say they are already doing a lot of those things. Virginia and Maryland were practically camped out together during the recent terrorist and sniper incidents. A lot of infrastructure is in place already, though some of it should be changed. I wouldn't say set up new infrastructure.

Paul Posner: Should New Jersey have 200 local health departments?

Barbara Levine: I'm not the one to say. Southern states provide a lot of health care. There are some areas where more money would help. There is new funding in the President's proposed FY2004 budget for more coordination, for example, for surveillance systems.

People talk about bioterrorism preparedness, but most people still die of chronic disease and heart attacks, we still have trouble with tobacco and alcohol abuse, and children are susceptible to accidents, poor nutrition, and lack of good health care. [A GAO staff person noted that the rate of sexually transmitted diseases (STDs) has been reported to be down since September 11, when what is probably happening is not that there are fewer cases of STDs but just that they aren't being counted, because the resources for monitoring them have been diverted to fighting bioterrorism.)

Nancy Rea: Bioterrorism is stealing money from those other areas. It is classic "displacement." COG's traffic safety person was taken off those issues to deal with anthrax. There is no more money for public health education, which was the reason I left Montgomery County to work for COG.

Barbara Levine: All health areas are underfunded. We have huge public health issues that are not being addressed.

Beryl Radin: Should the coordination on public health issues be done at the federal level, the state level, the local level?

Earl Fox: Almost all statutory authority in public health (allowing us to do what we do, such as quarantine) is at the local level. Sometimes the state level authority is delegated to local governments. Everyone talks about expanding the public health system but very little money is available for hiring and training people.

Nancy Rae: That is a good point. The state of Virginia used almost all of its emergency funding to put epidemiologists and public health experts in localities. That was all they could do. And you have to have those people; you have to have epidemiologists at the local level because that's where a disease is going to show up.

Enid Beaumont: This is a huge and very significant problem. We are a huge country and we are very good at creating units of government. We have 87,525 local government units at last count, not counting private services. We cite that as a great example of energy and creativity in our system of governance, but . . . I had a graduate student who looked at food safety and concluded that the agencies have got to get together.

Beth Kellar: It takes a new way of thinking.

Beryl Radin: And also not creating new structures but working through networks and virtual organizations.

Nancy Rea: We don't know what others are doing. It's the "Mom" model, to see a need and say, "I'll do it." Then you realize how many others are doing the same thing, so many that it's impossible even to find them all.

Earl Fox agreed and offered the example of the Vice President's committee on telemedicine, including distance-based learning and consultation.

Costis Toregas: This is depressing, but it is an opportunity for the Federal System Panel. We assume the federal system is not working as well as it could, and that there's room for improvement. We need more cross-boundary leadership: the imperative for each leader is not only do well in his or her stovepipe, but also in other sectors. What are the incentives, standards, metrics, and other learning that can contribute to this? Public Technology Inc. is working with National Defense University on this.

We see many things that are going wrong, but maybe we can also identify things that are going right. There are many technological opportunities: video, satellite, computer, streaming. Most of us grew up in a "command and control" system. The problem for the Department of Homeland Security is that the people in the organization are still geared to command and control.

We need to think about "dual use" if we are going to be fighting Al Qaeda in the back streets of Wichita. Maybe we can do something that will have other benefits.

Earl Fox: The WIC program and USDA's Cooperative Extension Service are two examples of programs that might have dual uses (serving their own missions and also helping to communicate information that can help people improve their protection against potential bioterrorism threats).

HRSA explored a wireless uplink at the same time that CDC was looking at something different using the Internet. Neither one was using new money, they were going to spend it anyway, but they could have gotten together. Only a few federal agencies deal with state and local health departments so maybe they could get together.

Paul Posner: What it takes is to understand what needs to be done. How can the federal government contribute or get out of the way?

Beryl Radin: Both state and local representatives on the panel have been relatively positive about how things are going [on the public health infrastructure, homeland security, and federalism]. Maybe FDA or USDA need some changes in law?

Earl Fox: Most of the changes that might be needed are not in statute but in regulations and policy decisions. Costis's comments remind me that there are no incentives to coordinate because agencies compete for their budgets; they each have their own funds and accountability. If we could figure out incentives, not punishments, to combine and integrate these systems . . .

Nancy Rea: If we could put the authority for talking for your agency down at a lower level in the federal government. Frequently federal people are held back by the necessity of going through clearance processes before they can speak for the agency, and getting approval from people who may not have that much knowledge. The tendency in the federal government has been to centralize.

Beryl Radin: The middle level people have the knowledge and they are doing the job because they think it's important; they don't have any other incentives.

Costis Toregas: An article in PAR (Public Administration Review) 3-4 months ago reported on a survey several professors did of local officials in Kansas City, about how much time they spend talking to people outside their jurisdiction. When I saw it, I thought, "I hope the city manager doesn't see this!" But there was quite a bit of interchange at the lower levels. And a Public Manager article more recently indicated that a majority of city managers realize they need to communicate with others in the profession, so maybe there is some hope.

Barbara Levine: When ASTHO is involved in a discussion of a local public health issue, we often tell the local public health officials they need to get others in on the call. Do you offend them by saying you won't participate if they don't do that? Cardiologists need to have nutritionists in the mix, but no one will reimburse them for the costs, so there's no incentive. Do we give them money to create incentives to do it? Or withhold money if they don't do it? What can you do to push agencies to do these things, when they know they should?

Earl Fox: Maybe these things could be included in training, for example, joint training by CDC and HRSA.

Nancy Rea: We have the same issues with disease surveillance. Are all the jurisdictions going to develop their own systems, which will not be compatible?

Marcia Crosse, GAO: What do you see as the role of Gerry Hower's office, the Office of Health Preparedness in the Office of the Secretary of DHS?

Nancy Rea: When I talked about HHS functioning as a fourth state in working with COG, he is the one we work with. We've asked him to coordinate COG's dealings with all the feds.

Earl Fox: They're taking away the authority of the individual programs. The HHS regional office role has been transferred to a central office to monitor grants. All the funds have been taken away for AIDS.

Paul Posner: Collaboration has got to be inspired from the bottom but homeland security is a national challenge, so the federal government should provide some incentive.

Beryl Radin: Rural Development Councils are an example where federal funding spurred cooperation.

Beth Kellar: The federal government is in the driver's seat because state and local governments are facing such huge deficits. The federal government is the only one that has money.

Earl Fox: One thing the federal government can do is to ask ASTHO and NACCHO (National Association of County and City Health Organizations) to look at a few areas such as WIC where federal agencies could coordinate. State and local governments will know which areas might be constructive for coordination. They will be able to tick off the programs and areas of funding that could be targeted.

Nancy Rea: There's a small example of what you are talking about in the area of substance abuse. Under the name "Exchange," a number of local, state, and federal organizations and individuals come together to share information, and they know about all the funding streams in the different agencies and what they are doing.

Barbara Levine: It would be hard for ASTHO and NACCHO to come out and make any recommendations, but it might work if GAO or the Institute of Medicine interviewed people and prepared a report with those recommendations.

Earl Fox agreed it would be preferable to present the recommendations in a non-attributed manner, because every state and local health department reports to someone.

Barbara Levine: You have a moment in time to achieve something in the public health area. With the state and local deficits, public focus on homeland security, food safety concerns, and Bill Frist as majority leader, people will pay attention.

 

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