About the Public
Readiness and Emergency Preparedness Act
(PREP Act)
The PREP Act provides
compensation to individuals for serious
physical injuries or deaths from pandemic,
epidemic, or security countermeasures
identified in a declaration issued by
the Secretary pursuant to section 319F-3(b)
of the Public Health Service Act (PHS
Act) (42 U.S.C. 247d-6d). The PREP Act
which is a part of the “Department
of Defense, Emergency Supplemental Appropriations
to Address Hurricanes in the Gulf of Mexico,
and Pandemic Influenza Act of 2006” (PL 109-148), was enacted on December
30, 2005, and confers broad liability
protections on covered persons, as defined
in section 319F-3(i)(2) of the PHS Act,
and compensation to individuals injured
by the receipt of covered countermeasures,
as defined in section 319F-3(i)(1) of
the PHS Act, in the event of designated
public health emergencies.
Passed primarily to address the pandemic
influenza threat, the PREP Act provides
liability protections after a Secretarial
declaration of covered countermeasures
for any disease or health condition that
the Secretary views as constituting a
public health emergency, either presently
or in the future. Liability protections
cover the manufacture, testing, development,
distribution, or use of the designated
covered countermeasure absent willful
misconduct as defined in section 319F-3(c)(1)
of the PHS Act. A Secretarial declaration
specifies the categories of health threats
or conditions for which countermeasures
are recommended, the period liability
protections are in effect, the population
of individuals protected, and the geographic
areas for which the protections are in
effect.
In addition to liability protections,
the PREP Act provides the Secretary the
authority, which was delegated by the
Secretary on November 8, 2006 to the Administrator
of the Health Resources and Services Administration,
to compensate eligible individuals for
covered injuries from a covered countermeasure.
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