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Why do local law enforcement officers side with hospitals and nursing homes in conflicts with patients, patients’ family members and pastoral care providers?
I was looking at your Covid 19 kill box article and am still wondering: how is it that local law enforcement knows to deny people their rights (in hospitals), and why are so many officers complying? The implication is that many people in local power, and some in congress, don't know what's going on. I'm puzzled that so many in local law enforcement would know, and how they would know it.
My reply, slightly expanded:
More digging needed on that to find the line-by-line sources of the legal authority and logistical programs, but there are a couple of places to start, some mentioned in the second half of this March 17, 2022 post:
One source is the HHS Centers for Medicare and Medicaid Services (CMS) waiver program:
HHS put that waiver program in place very early — Spring 2020, with updates since then — to exempt health care providers from patient care standards and regulations that would legally apply in non-pandemic circumstances.
That’s the source for things like stripping patients of their rights to have family members and pastors/rabbis visit them and advocate for them in the hospital or nursing home, which supports hospital demands that law enforcement officers remove family and pastors from the premises by force.
Removing family and pastoral caregivers, in turn, is how the hospitals can get away with the death protocols [404-content removed; partial repost; alternate; alternate] of restraint, withheld water and nutrition, forcible administration of Remdesivir and forcible connection to ventilators under the ICD-10 codes.
A second piece is the merger of law enforcement and public health systems, and the training and planning programs put in place since about 2006.
This would need to be tracked down in each county or town/hospital system to find the dates and times, but I think the frameworks promulgated by HHS/CDC to the states and from there to the localities between 2006 and 2008 were used to run tabletop drills and train law enforcement officers to understand their role in a public health emergency as protecting the health care workers and system from frightened or angry patients and patient family members, on the premise that the emergency will cause people to behave erratically and the law enforcement officers must protect system stability, not individual patient lives, rights to informed consent and rights to refuse offered medical treatment.
Some examples of those federal guidance documents are listed in the Covid-19 Kill Box post, and I have a few others on my hard drive.
Third set of documents are the specific intergovernmental agreements or contracts that exist at the county level in many, but not all states.
I think the likelihood of IGAs being in place, depends somewhat on whether the state has adopted a version of the 2001 Model State Emergency Health Powers Act put together by Johns Hopkins University and CDC:
“The Model Act is structured to reflect 5 basic public health functions to be facilitated by law:
(1) preparedness, comprehensive planning for a public health emergency;
(2) surveillance, measures to detect and track public health emergencies;
(3) management of property, ensuring adequate availability of vaccines, pharmaceuticals, and hospitals, as well as providing power to abate hazards to the public's health;
(4) protection of persons, powers to compel vaccination, testing, treatment, isolation, and quarantine when clearly necessary; and
(5) communication, providing clear and authoritative information to the public.”
Many states have passed those MSEHPA laws, and even those that haven’t passed them have had their state legislatures draft and debate them, so the state public health systems are well aware of the model and have thought through how to implement elements of it even without state laws in place.
[Update 07/26/22 - Wayback Machine has a report from the Network for Public Health Law with a table listing states with MSEHPA laws as of Feb. 2012. There’s also a 2019 Seton Hall report, citing to the same NPHL table, last accessed in Dec. 2018. The original link goes to Page Not Found.]
Arizona’s intergovernmental agreements are examples.
They explicitly tie federal HHS funding for the county and the county’s public health systems, to the county’s provision of data about county residents back to the federal agencies, and to the county’s commitment to comply with directives already issued, or directives that may be issued in the future, by HHS.
It’s those potential future directives that are the most evil: the quarantine orders authorizing law enforcement to domestically apprehend, detain and assault/trespass on the bodies of American individuals against their will, under 42 CFR 70.6 and related regulations.
HHS drafted a quarantine order as early as Feb. 2020 for international travelers.
Department of Health and Human Services Centers for Disease Control and Prevention Order for Quarantine Under Section 361 of the Public Health Service Act, 42 Code of Federal Regulations Part 70 (Interstate) and Part 71 (Foreign), Feb. 13, 2020 draft.
As far as I know, the formal quarantine orders haven’t yet been issued, not because HHS lacks the legal authority to do it, but because psychological, social and economic coercion have achieved the goals they wanted to achieve: broad cooperation with lockdown/isolation orders, mask orders, test orders and vaxx orders.
In other words, the US government biomedical police state hasn’t needed to use armed force yet, because most Americans just complied without any form of resistance.