What are the boundaries of a public health authority?
Generally speaking, the boundaries of a public health authority are coextensive with those of the county or counties involved. There is, however, a specific law that allows a public health authority to “provide or contract to provide public health services and to …own, or operate…any public health facilities outside the territorial limits within reasonable limitation, of the county or counties creating the authority.”[1] There is no guidance in the law about what constitutes a “reasonable limitation” on this expanded jurisdiction.
It is important to note that all of the different models, including authorities, are allowed to enter into contracts with other jurisdictions to provide services outside the county’s jurisdiction.[2] Such agreements could involve the location or operation of facilities. The key difference for a public health authority is that it may provide the services or have facilities in other counties without having such an agreement in place.[3]
[1]G.S. 130A-45.6.
[2]G.S. 160A, Article 20, Part 1 (specifying guidelines for interlocal agreements and joint agencies).
[3]The law emphasizes that providing services outside the county or counties involved is an option, not a requirement. It states that public health authorities may not be held liable for failing to provide public health services beyond the territorial limits of the county or counties involved. G.S. 130A-45.6.