It's "written in a way that doesn't adequately protect citizens against the misuse of the tremendous powers that it would grant in an emergency. (It's) replete with civil liberties problems. Its three top flaws are that:
(1) It fails to include basic checks and balances (by) grant(ing) extraordinary emergency powers (that) should never go unchecked. (It) could have serious consequences for individuals' freedom, privacy, and equality."
(2) "It goes well beyond bioterrorism (with) an overbroad definition of 'public health emergency" that may be anything a local or national authority declares for any reason with no conclusive evidence for proof.
(3) "It lacks privacy protections (and) undercut(s) existing protections for sensitive medical information."
MSEHPA worries other organizations besides the ACLU, both conservative and progressive - including the Free Congress Foundation, American Legislative Exchange Council, conservative association of state legislators, Human Rights Campaign, and Health Privacy Project.