Are you requiring your staff to get the COVID-19 vaccine? Before you start a workforce vaccination plan, make sure you’re covered by the Public Readiness and Emergency Preparedness (PREP) Act.
What is the PREP Act?
It empowers the Secretary of the Department of Health and Human Services to declare a public health emergency, which brings PREP Act protections into effect. It aims to incentivize private industry to help address public health emergencies.
What protection does it offer?
It protects companies from liability for injuries arising from public health emergency countermeasures, as long as they meet the act’s requirements. It offers protection from damages such as:
It also provides no-fault compensation for those who are hurt by the countermeasure.
Are there exceptions?
Yes. The act does not protect companies from federal enforcement actions or liability for willful misconduct.
How can you structure your vaccination program to get PREP Act protections?
Please contact Bob Hearn, Nathan Huff, Reed Russell, or any other member of Phelps’ Health Care, Litigation or Labor and Employment teams if you have questions or need compliance advice and guidance.