During the height of the COVID-19 pandemic, Nebraska nurse Julia Keown said her fellow nurses would cheer when they found out a mask mandate or other public health measure was on its way, knowing it would save lives and help slow the constant flow of patients coming through her hospital's doors.Â
"We were all drowning," she said.
Keown was one of several local health care workers who testified against LB421 Wednesday, which opponents fear will delay the implementation of such measures in the future and endanger Nebraskans.
LB421 would amend state law to prohibit local health departments from issuing directed health measures. Instead, city councils or county boards would be responsible for adopting such measures based on the recommendations from the departments. The bill was the subject of a public hearing in the Legislature's Health and Human Services Committee Wednesday.Â
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Sen. Kathleen Kauth of Omaha, who introduced the bill, said she brought the legislation after the pandemic shed light on the "enormous power" public officials held to restrict personal liberties — a power that should be held by elected officials.Â
Controversy arose during the COVID-19 pandemic over who had the authority to mandate health measures, such as mask-wearing, and business closures. Last year, the state Douglas County Health Director Lindsay Huse after she issued a temporary mask mandate. Three Omaha City Council members joined the state's complaint, but the legal action was withdrawn after the giving the mayor and council the authority to review and approve such measures.
Kauth said the ordeal demonstrated the need for LB421. She later claimed that cloth masks were found to have more downsides than benefits. Although the Centers for Disease Control and Prevention has reported that cloth masks are the least effective at preventing the spread of COVID-19 compared to other masks like N95s, they still provide some protection and are not harmful.Â
Two Nebraska residents who spoke in favor of the bill similarly objected to public health measures enacted during the pandemic, such as limiting public assemblies.Â
"This is unacceptable on multiple levels," said supporter Stacey Skold.
Multiple medical officials, including a representative of the Nebraska Nurses Association, plus a representative of the Nebraska Association of County Officials, opposed the bill. They largely argued that public health officials are the best suited to make public health decisions, and requiring elected officials to make those calls is unnecessary and would slow the process to dangerous levels.Â
"If this bill passes as written, we will all be less safe," said Dr. James Lawler with the University of Nebraska College of Medicine.Â
Multiple opponents argued that speed is arguably the most important factor in responding to a public health crisis. They estimated it could take days or weeks for some local governing boards to consider health directives.
Sen. Ben Hansen of Blair, chair of the committee, repeatedly expressed doubt at this estimate, arguing advancements in technology could make emergency decisions happen within hours.Â
John Cannon with the Nebraska Association of County Officials pointed out that local governing boards have multiple regulations they must follow that could easily delay emergency decisions. The reason why county boards hire public health directors is to make those decisions quickly, he said.Â
Though committee members generally asked questions focused on Nebraska's COVID-19 response, multiple opponents also argued that LB421 could increase the public health risk for more less novel infections, such as salmonella or tuberculosis.Â
Hansen argued that the instances of such infections happening in Nebraska are relatively rare. Opponents argued those infections are rare because preventative public health measures have worked. Lawler, a co-executive director of UNMC's Global Center for Health Security, said public health officials are often underappreciated because of this — most people don't notice when they're being effective.Â
"When our public health officials do their job, nothing happens," Lawler said.Â
Kauth said she was willing to work on the bill's language to clarify its intent, which is to regulate larger scale health directives.Â
Committee member Sen. Brian Hardin of Gering said there should be a way to hold appointed officials accountable for poor decisions. Using Anthony Fauci, the former chief medical adviser to the president, as an example, Hardin said some appointees can "outstay their welcome," and can't see the forest through the trees.Â
Lawler noted that Fauci served in an advisory role and didn't actually make any health decisions that directly impacted Nebraskans. Hardin responded by alleging Nebraska public health officials took "marching orders" from Fauci.Â
Hardin repeatedly stated that the COVID-19 pandemic has damaged public trust in health officials, and said the medical community should bear some of the burden in restoring that trust.Â
"We need to believe in you," Hardin said. "They need to believe in you."