Title 42, The Public Health and WelfareRelease 119-110

§300hh–2 Enhancing Medical Surge Capacity

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XXVI — NATIONAL ALL-HAZARDS PREPAREDNESS FOR PUBLIC HEALTH EMERGENCIES › Part A — National All-Hazards Preparedness and Response Planning, Coordinating, and Reporting › § 300hh–2

Last updated Sep 22, 2026|Official source

Summary

The Secretary must, as part of the joint review under section 300hh–11(b), study whether HHS can do a better job of giving extra medical help to local communities during a public health emergency. The study must look at whether it would help and be practical to (1) buy and run mobile medical units that can be sent to communities on short notice, (2) add telemedicine to the National Disaster Medical System, and (3) use other ways the Secretary thinks are appropriate. If the study finds these steps would be useful and practical, the Secretary may buy, send, and run mobile medical units. The Secretary must also check whether any Federal buildings could reasonably be used to provide health care in an emergency, and if so, try to make agreements with the agencies that run those buildings so they can be used for patient care.

Full Legal Text

Title 42, §300hh–2

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Study of enhancing medical surge capacity

As part of the joint review described in section 300hh–11(b) of this title, the Secretary shall evaluate the benefits and feasibility of improving the capacity of the Department of Health and Human Services to provide additional medical surge capacity to local communities in the event of a public health emergency. Such study shall include an assessment of the need for and feasibility of improving surge capacity through—

(1)acquisition and operation of mobile medical assets by the Secretary to be deployed, on a contingency basis, to a community in the event of a public health emergency;

(2)integrating the practice of telemedicine within the National Disaster Medical System; and

(3)other strategies to improve such capacity as determined appropriate by the Secretary.

(b)Authority to acquire and operate mobile medical assets

In addition to any other authority to acquire, deploy, and operate mobile medical assets, the Secretary may acquire, deploy, and operate mobile medical assets if, taking into consideration the evaluation conducted under subsection (a), such acquisition, deployment, and operation is determined to be beneficial and feasible in improving the capacity of the Department of Health and Human Services to provide additional medical surge capacity to local communities in the event of a public health emergency.

(c)Using Federal facilities to enhance medical surge capacity

(1)Analysis

The Secretary shall conduct an analysis of whether there are Federal facilities which, in the event of a public health emergency, could practicably be used as facilities in which to provide health care.

(2)Memoranda of understanding

If, based on the analysis conducted under paragraph (1), the Secretary determines that there are Federal facilities which, in the event of a public health emergency, could be used as facilities in which to provide health care, the Secretary shall, with respect to each such facility, seek to conclude a memorandum of understanding with the head of the Department or agency that operates such facility that permits the use of such facility to provide health care in the event of a public health emergency.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300hh–2

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110