HHS Amends PREP Act COVID-19 Declaration For The Fourth Time

On December 3, 2020, the U.S. Department of Health and Human Services ("HHS") amended its Public Readiness and Emergency Preparedness Act ("PREP Act") Declaration for Medical Countermeasures Against COVID-19 (the "COVID-19 Declaration") in order to extend the scope of the PREP Act liability protections and to provide additional clarification to the public regarding these protections by issuing a Fourth Amendment.

Of note, the Fourth Amendment: (i) expands access to certain telehealth services during the COVID-19 public health emergency; (ii) creates a "third distribution channel" even if there is no federal agreement to cover those activities and those activities are not part of the authorized activity of an Authority Having Jurisdiction as defined in the PREP Act; (iii) clarifies that there can be situations where not administering a Covered Countermeasure to a particular individual can fall within the PREP Act; and (iv) clarifies that cases implicating the PREP