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

To embed, copy and paste the code into your website or blog: 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 declaration under the Public Readiness and Emergency Preparedness Act (PREP Act). The PREP Act authorizes the Secretary of the U.S. Department of Health and Human Services (HHS) to issue a PREP Act declaration in response to a public health emergency. A PREP Act declaration provides immunity from tort liability claims (except for willful misconduct) to individuals or organizations involved in the manufacture, distribution, or dispensing of medical countermeasures.

HHS Amends PREP Act Declaration, Including Expansion of Telehealth for COVID-19 Countermeasures | King & Spalding

To embed, copy and paste the code into your website or blog: 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 of HHS to issue a declaration to provide liability protections to certain individuals and entities (Covered Persons) against any claim of loss caused by, arising out of, relating to, or resulting from, the manufacture, distribution, administration, or use of certain medical countermeasures (Covered Countermeasures). Among other measures, the amendment authorizes qualified healthcare personnel using telehealth to order or administer medical Covered Countermeasures for patients in a state other than the state where the healthcare personnel are already permitted to practice.

HHS Issues New PREP Act Immunity to Marburgvirus Countermeasures | Faegre Drinker Biddle & Reath LLP

To embed, copy and paste the code into your website or blog: On December 9, 2020, the Department of Health and Human Services (HHS) Secretary Alex Azar issued a new notice of declaration under the Public Readiness and Emergency Preparedness (PREP) Act (the Declaration) to provide limited immunity for activities related to countermeasures against marburgvirus and/or Marburg Disease. 85 FR 79198-01. The Declaration is effective as of November 25, 2020. The Declaration notes that Marburg Disease is a severe and often fatal illness in humans caused by marburgviruses, which are in the same family as the Ebola virus. Marburg Disease is highly infectious, can cause hemorrhagic fever, and has a fatality rate of approximately 88%. Person-to-person transmission can occur via direct contact with droplets of body fluids from infected persons or contact with equipment and other objects contaminated with infectious blood or tissues. Similar to Ebola virus outbreaks, marburgvirus has been determi

Waiver of State Licensure Requirements for the Delivery of COVID-19 Countermeasures via Telehealth | McDermott Will & Emery

To embed, copy and paste the code into your website or blog: In a fourth amendment to the March 17, 2020, Public Readiness and Emergency Preparedness Act (PREP Act), the US Department of Health and Human Services (HHS) has expanded access to COVID-19 Covered Countermeasures through telehealth and clarified the scope of liability protections provided by the PREP Act. In particular, the declaration is important to telehealth providers because it appears to preempt, under certain circumstances, state laws that have limited cross-border practice of medicine using telehealth. Healthcare providers should take note that the licensure exception and any immunity protections are limited to healthcare providers who are ordering or administering a Covered Countermeasure and there is no indication of intent to expand beyond these focused measures.

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