Nearly three years since it was triggered, it’s “still too early to tell” how well the federal Public Readiness and Emergency Preparedness Act will protect nursing homes and other healthcare providers from COVID-related lawsuits.
That’s the take from attorneys Drew Graham and Tara Clayton, who on this episode outline ongoing challenges at multiple levels and the fallout from the Supreme Court’s late-fall decision not to intervene in a key PREP Act case at this point.
“It has left open the question and left this difference between the circuits, and sometimes within the circuits, as to when and how the PREP Act should apply,” Clayton says.
She and Graham also explore the potential impact on COVID lawsuits as the end of the Public Health Emergency nears. Join McKnight’s Long-Term Care News Senior Editor Kimberly Marselas for a quick and informative update on what all the action means for provider liability.