Nursing home providers seeking protection from lawsuits and financial liability related to the care they’ve provided during the pandemic are largely dependent on the federal PREP Act, especially now that many state shield laws are expiring. But a series of legal challenges has led to a back-and-forth on the act’s ability to shield operators from all claims. That has also created jurisdictional tussles that may ultimately be decided by the Supreme Court.
In this episode, attorney Drew Graham and national COVID-19 claims coordinator Olga Kats-Chalfant discuss the challenges and the act’s potential fate. With some 700 cases hanging in the balance, Kats-Chalfant says the few that have been decided so far are “just a drop in the bucket.” Who decides the rest — and where — will be an important development for providers to watch, Graham tells moderator Kimberly Marselas.