PREP Act in effect

      Federal contractors involved in official activities to contain and reduce the COVID-19 pandemic are granted legal immunity by the “PREP Act” under recent declarations by the Secretary of Health and Human Services.

      The PREP Act allows the federal government to provide legal immunity for activities recommended by the government for health and safety following an emergency declaration.

      HHS activated the PREP Act for COVID-19 on March 10 for some recommended activities, and for additional countermeasures activities related to the CARES Act on April 15.

      The declarations are effective from Feb. 4, 2020 to Oct.1, 2024.

      Covered products and activities include:

• Antivirals, drugs, biologics, diagnostic devices, vaccines and related devices and components;
• Manufacture, testing, development, distribution, administration, and use of covered countermeasures;
• Manufacturers, distributors, program planners, qualified persons and their officials, agents and employees.
• Respiratory products added under the CARES Act.

More information:
Covington contractor's guide: https://bit.ly/3btL9HN
HHS declaration: https://bit.ly/2wX1Qwd
HHS declaration amendment: https://bit.ly/3eFsSJC
HHS OGC Opinion: https://bit.ly/2VOJTrY
HHS Public Health Emergency declarations: https://bit.ly/34VeqZx

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