{"id":"DUT-FED-026","kind":"duty","level":"federal","jurisdiction":"United States","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)","authority":"42 U.S.C. 247d-6d; PREP Act Declaration, 85 Fed. Reg. 15198 (Mar. 17, 2020), as amended","instrument":"Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary\u0027s Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)","title":"Advisory Opinion 20-04 on the PREP Act and the Secretary\u0027s Declaration","dateIssued":"2020-10-23","effective":"2020-10-23 (interpretive; states the Department\u0027s reading)","end":"standing","startDate":"2020-10-23","endDate":"2021-09-30","quarters":["2020Q4","2021Q1","2021Q2","2021Q3"],"types":["OTHER"],"addressees":["private businesses, transportation providers, schools, religious organizations and other program planners"],"clause":"In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a \u0027private sector employer or community group\u0027 that \u0027carries out the described activities.\u0027... Such entities may also include businesses, schools, and places of worship.","enforcement":"loss of immunity when the Declaration\u0027s conditions are not met","functions":[],"notes":"HHS\u0027s reading that a private employer using authorized tests, respirators and other covered countermeasures in its workplace is a \u0027program planner\u0027 whose immunity depends on acting in accordance with the Declaration, including the public-health and medical response directives of the Authority Having Jurisdiction (the State or local health authority). Character as recorded: agency_interpretation (liability shield condition).","sourceUrl":"https://www.hhs.gov/sites/default/files/advisory-opinion-20-04-hhs-ogc-public-readiness-emergency-preparedness-act.pdf","snapshot":"https://web.archive.org/web/20201201091956id_/https://www.hhs.gov/sites/default/files/advisory-opinion-20-04-hhs-ogc-public-readiness-emergency-preparedness-act.pdf","fileExists":true,"fileBytes":779740,"grade":"primary","character":"agency_interpretation","description":"","collection":"DUT-FED","url":"/library/DUT-FED-026","exhibitUrl":"/exhibit/DUT-FED-026","citation":"Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary\u0027s Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)","stateName":"","related":[]}