Health care providers on the front-lines of the battle against COVID-19 should be provided every weapon that can be mustered. This includes protection from lawsuits while fighting this deadly, insidious and invisible foe. However, health care providers must temper their reliance on the recently enacted laws, executive orders or declarations of civil immunity, as they are not a cloak of unassailable malpractice PPE as reported in the news media
We provide insights and analysis for physicians, nurses, chiropractors, dentists, physical therapists and other health professionals on issues impacting their practices.
With the increasing strain on healthcare provider needs, the Department of Health and Human services announced on March 18th that as long as a healthcare provider holds an equivalent license from another state and are not affirmatively barred from practice in that state or any state that is included in the emergency area, they can provide care in any state. This allows personnel and supplies to travel to where they are needed most to fight this epidemic.
Department of Health and Human Services Declares Liability Immunity for Activities Related to COVID-19
On March 10, 2020 the Secretary of Health and Human Services issued a declaration of liability protection under the Public Health Service Act pursuant to a seldom used section of the Act titled the “Targeted Liability Protections for Pandemic and Epidemic Products and Security Countermeasures.” The Declaration, effective February 4, 2020, immunizes licensed health professionals, manufacturers, distributors, program planners, and those that prescribe, administer, or dispense drugs, biological products, or devices, used to diagnose, mitigate, prevent, or treat COVID-19.