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Seventh Amendment to PREP Act Declaration Further Increases the Pool of Authorized COVID-19 Vaccinators

On March 12, 2021, the US Department of Health and Human Services (“HHS”) amended, its Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”) for the seventh time. The Seventh Amendment expands the...more

Fifth Amendment to PREP Act Declaration Expands the Ranks of Health Care Providers Authorized to Administer COVID-19 Vaccines

On January 28, 2021, the U.S. Department of Health and Human Services (“HHS”) issued a Fifth Amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”), which expands the categories of...more

New HHS Advisory Opinion Confirms Complete Federal Preemption for PREP Act Cases and Applicability of the Act’s Defenses in...

The US Department of Health and Human Services (“HHS”) issued an Advisory Opinion (“21-01”) Friday, reinforcing how the Public Readiness and Emergency Preparedness Act (“PREP Act” or the “Act”) (1) provides complete...more

More Than a Game Changer: Fourth Amendment to PREP Act Declaration Establishes Federal Jurisdiction, Bolsters Immunities, and...

On December 3, 2020, the U.S. Department of Health and Human Services (HHS) issued another groundbreaking amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act). ...more

HHS OIG and CMS Release Historic, Sweeping Reforms to Stark Law and Anti-Kickback Statute Regulations

As mentioned in our earlier report, on November 20, 2020, The Department of Health and Human Services (HHS) Office of Inspector General (OIG) and Centers for Medicare & Medicaid Services (CMS) published two long-awaited final...more

CMS and OIG Announce Long-Awaited Changes to the Federal Stark Regulations and Anti-Kickback Laws

Earlier last Friday, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) of U.S. Department of Health and Human Services (HHS) announced their new, long-awaited rule changes to the...more

Two New HHS Advisory Opinions Dramatically Illuminate the Wide Scope of PREP Act Immunity

The U.S. Department of Health and Human Services (HHS) recently issued two new advisory opinions dramatically illuminating the wide scope of the PREP Act and its immunities for organizations using covered countermeasures in...more

Third Amendment to PREP Act Declaration Further Expands Scope of Liability Immunity for Medical Countermeasures Against COVID-19

To assist in the response of the nation’s health care providers to the COVID-19 pandemic, on August 24, 2020, the Secretary for the U.S. Department of Health and Human Services (HHS) issued a Third Amendment to his March 10,...more

HHS Secretary Amends PREP Act Declaration to Clarify Definition of “Covered Countermeasures”

On June 4, 2020, the Secretary for the US Department of Health and Human Services (HHS) issued a Notice of Amendment (Amendment) to his March 10, 2020 Declaration that had applied the federal immunities of the Public...more

HHS Advisory Opinion Concludes that the PREP Act Preempts Any State or Local Law that Prohibits Pharmacists from Administering...

On May 19, 2020, the US Department of Health and Human Services (HHS) Office of General Counsel (OGC) issued an advisory opinion (Advisory Opinion) finding that the Public Readiness and Emergency Preparedness Act1(PREP Act)...more

HHS OIG to Accept Inquiries Concerning the AKS and Other Administrative Enforcement Authorities Directly Connected to COVID-19

To enhance regulatory flexibility necessary to adequately respond to the COVID-19 pandemic, the US Department of Health and Human Services (HHS) Office of the Inspector General (OIG) recently announced that it is accepting...more

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