Wednesday, February 17, 2021
On November 30, Pennsylvania Governor Tom Wolf vetoed controversial House Bill
1737. The Republican-backed Bill was passed by Pennsylvania legislators in November 2020, and extended the reach of Governor Wolf’s
May 6 executive order, which had granted civil liability protection to licensed or certified healthcare practitioners providing patient care during COVID-19. The executive order does not shield practitioners from claims of gross negligence, fraud, malice, or other willful misconduct; and does not protect nursing homes or other healthcare facilities from liability. House Bill 1737 would have temporarily extended civil liability protection to hospitals, nursing homes, schools, businesses, manufacturers, and other entities but like the executive order would have offered no protection against claims for gross negligence or willful misconduct. In his November 30 veto statement, Governor Wolf explained that despite the Bill’s benefi
Predictions in the current antitrust, regulatory and legislative environments are hard – there is just too much happening. The better insights might be reached by thinking through what the bigger questions might be for example, some things to think about as we approach 2021 and contemplate where a new administration in Washington and evolving antitrust enforcement regimes and priorities will take the health care industry. Will the FTC continue to pursue health system and hospital mergers and affiliations aggressively, as it did in 2020? Will its loss in the Eastern District of Pennsylvania, regarding the Jefferson-Einstein merger, be upheld on appeal? Or will the “market realities” aspect of market definition cause the FTC to refocus its efforts and analysis?
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The president’s coronavirus plan will give states the guidance and resources they need to ramp up vaccine administration in efficient and equitable ways.
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On January 28, 2021, the U.S. Department of Health and Human Services (“HHS”) issued its fifth amendment[1] to the Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”) related to COVID-19 (the “Declaration”), entitled “Fifth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID–19 and Republication of the Declaration” (hereinafter the “Fifth Amendment”).[2] This latest amendment adds additional categories of qualified persons authorized to prescribe, dispense and administer FDA-authorized, approved, or licensed COVID-19 vaccines in an effort to help states and U.S. territories “meet the demand for vaccines and protect their communities as quickly as possible” as vaccine supply becomes more widely available.[3] In turn, where the applicable requirements have been met (and subject to certain limi