HHS Broadens Scope of PREP Act Immunity for Individuals and Entities Fighting COVID-19

December 4, 2020

On December 3, 2020, the Secretary of the Department of Health and Human Services issued a fourth amended PREP Act declaration expanding the scope of immunity for covered entities engaged in the provision of goods and services designed to aid in the fight against COVID-19.  This amended declaration follows three earlier declarations, dating back to March 10, 2020, which we previously discussed here and here.

The fourth amended declaration expressly incorporates several prior guidance documents clarifying the scope of PREP Act immunity, and specifically expands that immunity to a number of new categories of persons and entities including, among others, healthcare professionals using telehealth to prescribe “Covered Countermeasures” to patients across state lines, certain pharmacy employees who administer “Covered Countermeasures,” and accredited CPR providers.  Previously, there was no provision for telehealth, and only licensed pharmacists and nurses were covered pursuant to the COVID-19 declaration.

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