News & Analysis as of

Health Care Providers Public Readiness and Emergency Preparedness Act (PREP Act)

Weber Gallagher Simpson Stapleton Fires &...

A Federal District Court Judge Ruled that a Nursing Home Cannot Use the Public Readiness and Emergency Preparedness Act as Shield...

A Federal Court has denied a nursing home’s Motion to Dismiss a claim brought by the daughter of a resident who passed away in April of 2020 due to complications from COVID-19. The facility in Pennsylvania allegedly had...more

Quarles & Brady LLP

Ninth Circuit Ruling Expands Nursing Home COVID-19 Venue Fight

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On February 22, 2022, the Ninth Circuit ruled a COVID-19 wrongful death suit brought against a nursing home is not preempted by a federal health emergency law. The court affirmed a district court’s remand order which stated...more

Hogan Lovells

U.S. courts continue to apply narrower view of PREP Act immunity

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During the past 12 months, we’ve published several articles on the 10 March 2020, Public Readiness and Emergency Preparedness Act (PREP Act) Declaration related to COVID-19 as well as covering the five amendments to the PREP...more

Orrick, Herrington & Sutcliffe LLP

Five Things Every Long-Term Care Facility Should Know When Facing a Class Action

As COVID-19 disproportionately impacted our most vulnerable populations, long-term care facilities (LTCFs) were placed in the unenviable position of triaging around the novel virus, combatting supply shortages, and coping...more

Morgan Lewis - Health Law Scan

Additional PREP Act Amendments Accommodate Vaccination Administration Needs

Given the significant push to vaccinate the public since the start of 2021, the increasing availability of vaccines, and the need to recruit additional personnel to administer vaccinations, the secretary of the US Department...more

Amundsen Davis LLC

Patience Required: New Federal Court Opinion On The Application Of COVID-19 Immunities

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We are all aware of the Illinois Immunity Orders put in place to provide protections for health care providers related to care and treatment of patients during the COVID-19 pandemic. A recent federal court opinion suggests...more

Manatt, Phelps & Phillips, LLP

PREP Act Declaration Authorizes COVID-19 Vaccine Administration by Most Health Care Practitioners

On March 11, the U.S. Department of Health & Human Services (HHS) released its latest declaration under the Public Readiness and Emergency Preparedness (PREP) Act. Building on prior declarations, this latest amendment...more

Jackson Lewis P.C.

PREP Act And COVID-19 Vaccinations: Health And Human Services Department Clears Way To Assist

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Individuals and organizations that want to play a role in administering countermeasures to combat a disease or combat a public health emergency, such as COVID-19, worry about the potential legal exposure. The choice to...more

Jackson Walker

What Health Care Providers and Facilities Should Know About the PREP Act's "Covered Countermeasures"

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As many businesses and those in the health care industry wonder what protections, if any, they have against COVID-19-related litigation claims, Jackson Walker's Healthcare practice chair, Virginia Mimmack, and healthcare...more

Hogan Lovells

Fifth Amendment to PREP Act Declaration expands "covered persons" to increase workforce authorized to administer COVID-19 vaccines

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On January 28, 2021, the U.S. Department of Health and Human Services (“HHS”) issued its fifth amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”) related to COVID-19...more

Seyfarth Shaw LLP

Fifth Amendment to PREP Act Declaration Expands the Ranks of Health Care Providers Authorized to Administer COVID-19 Vaccines

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On January 28, 2021, the U.S. Department of Health and Human Services (“HHS”) issued a Fifth Amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”), which expands the categories of...more

Rivkin Radler LLP

HHS Relaxes Rules On Administering COVID-19 Vaccines

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On January 28, the U.S. Department of Health and Human Services (HHS) announced that it has amended the Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act) to expand the types of providers that...more

King & Spalding

HHS Expands Categories of Persons Covered Under the PREP Act Who Can Administer COVID-19 Vaccine

King & Spalding on

On January 28, 2021, HHS issued a fifth amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act), expanding the categories of persons able to prescribe, dispense, and administer...more

Robinson+Cole Health Law Diagnosis

COVID-19 Vaccine Update: HHS Expands Pool of Eligible Vaccinators under PREP Act

On January 28, 2021, the Department of Health and Human Services (HHS) issued a Fifth Amendment to HHS’s Declaration under the Public Health Readiness and Emergency Preparedness Act (PREP Act) that provides liability immunity...more

ArentFox Schiff

HHS to Permit Retired and Out-of-State Nurses and Doctors to Administer COVID-19 Vaccines

ArentFox Schiff on

The Department of Health and Human Services (HHS) is working to dramatically increase the number of available vaccinators who may administer COVID-19 shots. At a press briefing held on January 27, 2021, White House...more

Harris Beach PLLC

HHS Further Amends Declaration Under the PREP Act to Expand COVID-19 Vaccinators

Harris Beach PLLC on

The Public Readiness and Emergency Preparedness Act (PREP Act), 42 U.S.C. 247d-6d, provides liability immunity related to the manufacture, testing, development, distribution, administration and use of medical countermeasures...more

Faegre Drinker Biddle & Reath LLP

HHS Amends PREP Act Declaration to Facilitate Vaccine Rollout

On January 28, 2021, Norris Cochran, the acting secretary of the U.S. Department of Health and Human Services (HHS), amended the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical...more

Holland & Knight LLP

The PREP Act and Vaccines Immunize, But Equally Well?

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The executive and judicial branches do not see eye-to-eye on the scope of PREP Act immunity. The U.S. Department of Health and Human Services (HHS), under the current administration, has taken umbrage at how lower courts have...more

Manatt, Phelps & Phillips, LLP

HHS Renews the COVID-19 Public Health Emergency Through April 20, 2021

On Thursday, January 8, the U.S. Department of Health & Human Services (HHS) announced that the Public Health Emergency (PHE) declaration for COVID‑19 will be renewed for another 90 days, beginning on January 21 (the date the...more

Husch Blackwell LLP

COVID-19 Hospice How-To Series: The Latest on Testing and Vaccinating Employees

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In this episode, Husch Blackwell's Meg Pekarske is joined by colleagues Jenna Brofsky, Erica Ash and Wakaba Tessier who provide an update on the legal landscape related to COVID-19 testing and vaccinations. Their conversation...more

Seyfarth Shaw LLP

New HHS Advisory Opinion Confirms Complete Federal Preemption for PREP Act Cases and Applicability of the Act’s Defenses in...

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The US Department of Health and Human Services (“HHS”) issued an Advisory Opinion (“21-01”) Friday, reinforcing how the Public Readiness and Emergency Preparedness Act (“PREP Act” or the “Act”) (1) provides complete...more

Foley & Lardner LLP

HHS Expands and Clarifies Scope of Immunity under the PREP Act

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Back in March, we wrote about how the Department of Health and Human Services (HHS) had extended the Public Readiness and Emergency Preparedness (PREP) Act to grant immunity to “Covered Persons” providing “Covered...more

Jackson Walker

HHS Takes Major Step to Expand COVID-19-Related Cross-Border Telehealth Access and Immunity

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On December 3, 2020, the federal government took a significant step to reduce barriers to healthcare practitioners’ ability to provide COVID-19-related telehealth services across state lines by amending its previous...more

King & Spalding

HHS Amends PREP Act Declaration, Including Expansion of Telehealth for COVID-19 Countermeasures

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On December 3, 2020, HHS issued its fourth amendment to the Declaration for Medical Countermeasures Against COVID-19 under the Public Readiness and Emergency Preparedness Act (PREP Act). The PREP Act authorizes the Secretary...more

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