How does the Public Readiness and Emergency Preparedness Act (“PREP Act”) affect deemed health centers?
Where it applies, the Public Readiness and Emergency Preparedness Act (PREP Act) applies to the exclusion of the Federal Tort Claims Act (FTCA) FTCA in the case of deemed health centers, regarding the administration and use of certain H1N1 countermeasures, as specified in declarations issued by the Secretary. The PREP Act authorizes the Secretary of the Department of Health and Human Services to issue a declaration (PREP Act declaration) that provides immunity from tort liability (except for willful misconduct) for claims of loss caused, arising out of, relating to, or resulting from administration or use of certain countermeasures to diseases, health conditions, or threats to health caused by pandemics, epidemics, or chemical, biological, radiological, or nuclear agents. PREP Act protections apply to “qualified persons” (including healthcare and other providers), “program planners” (individuals and entities involved in planning and administering programs for distribution of a counterm
