Pennsylvania Governor Authorizes Emergency Management Officials to Seize Medical Supplies for COVID-19 Fight

On April 8, 2020, because of “a critical shortage of PPE, pharmaceuticals, and other medical resources,” Pennsylvania Governor Tom Wolf signed an Executive Order to “Ensure the Efficient Allocation and Effective Use of Critical Medical Resources.” The order authorizes Pennsylvania emergency management officials “to commandeer and utilize all PPE, pharmaceuticals, and other medical resources required to respond to, provide care for those afflicted by, or otherwise prevent the spread of COVID-19 from all private, public, and quasi-public health care providers and facilities, as well as manufacturers and suppliers of PPE, pharmaceuticals, and other medical resources located within the Commonwealth of Pennsylvania.” The order is effective immediately.

To read the full text of this Duane Morris Alert, please visit the firm website.

New Jersey Governor Authorizes State Police to Commandeer Supplies, Property and Services from Private Entities

On April 2, 2020, New Jersey Governor Phil Murphy signed Executive Order 113, which authorizes the Superintendent of State Police acting as State Director of Emergency Management to “take or use personal services and/or real or personal property, including medical resources, for the purpose of protecting or promoting the public health, safety, or welfare.” Due to the “critical shortage of medical resources in the State,” it is anticipated this order will be used primarily to commandeer personal property such as medical equipment and personal protective equipment (PPE) from businesses and institutions.

To read the full text of this Alert, please visit the firm website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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