CARES Act Expands Immunity Protections for Covered Countermeasures and Healthcare Volunteers

As discussed in our March 18 Alert, the Secretary of Health and Human Services has issued a declaration authorizing drugs, devices and biologics used to treat or mitigate COVID-19 as covered countermeasures under the Public Readiness and Emergency Preparedness (PREP) Act. Following Secretary Azar’s declaration of a public health emergency, covered persons may obtain immunity under federal law for all claims arising from manufacturing, distributing or administering covered countermeasures, subject to the conditions laid out at 42 U.S.C. § 247d-6d, the declaration and other applicable regulations.

Subsequent to our previous Alert, President Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (CARES Act), which expanded the covered countermeasure protections offered by the PREP Act.

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

San Francisco Enacts Emergency Ordinance: Public Health Emergency Leave

On April 7, 2020, the San Francisco Board of Supervisors unanimously approved an emergency ordinance requiring private employers with 500 or more employees to provide public health emergency leave consistent with the federal Families First Coronavirus Response Act (FFCRA). The Public Health Emergency Leave ordinance (PHELO) follows San Francisco Mayor London Breed’s proclamation of a state of emergency, state and local shelter-in-place orders and Bay Area school closures in response to the spread of the novel coronavirus COVID-19. The ordinance will go into effect as soon as it is signed by Mayor Breed.

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

Emergency Powers Law in New Jersey

The COVID-19 pandemic has presented us with questions and issues we’ve never considered before, or at least didn’t give much serious thought. With the invocation of emergency powers by Governor Philip D. Murphy on March 9, 2020, businesses and individuals alike may ask themselves why they need to cooperate and comply with them.

To read the full text of this article by Duane Morris partner Paul Josephson (originally published in the New Jersey Law Journal), please visit the firm website.

Declaration Provides Immunity for Certain COVID-19 Pandemic Medical Countermeasure Activities

In an effort to encourage development of drugs, devices and biologics useful for the treatment, diagnosis, and prevention of COVID-19 respiratory illness, the Secretary of Health and Human Services has issued a declaration providing statutory immunity under the Public Readiness and Emergency Preparedness (PREP) Act. This declaration is separate from the Public Health Emergency declared under Section 319 of the Public Health Service Act on January 31, 2020, and is a part of the continued effort by the federal government to expedite development and distribution of medical products that can address the COVID-19 pandemic.

To read the full text of this Duane Morris 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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