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HHS provides limited liability for COVID-19 claims

| June 10, 2020

HHS provides limited liability for COVID-19 claims

The Public Readiness and Emergency Preparedness Act is a long-standing law that gives the Secretary of the Department of Health and Human Services (HHS) the ability to provide limited immunity to healthcare providers during a national health care emergency. The department updated the guidance for this law on June 4 to include language specific to the COVID-19 pandemic.  The act will provide limited immunity against claims of loss relating to, arising out of, caused by, or resulting from the administration or use of medical countermeasures specific to the COVID-19 pandemic (except for claims of willful misconduct). 

Covered Countermeasures must be ‘‘qualified pandemic or epidemic products,’’ or ‘‘security countermeasures,’’ that the Secretary determines to be a priority for use during a public health emergency declared under section 319 of the Public Health Service Act. Read the full amendment here.

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