HHS Amends PREP Act Liability Waiver To Cover Only NIH Approved Treatments for COVID-19


Posted originally on the conservative tree house on August 31, 2021 | Sundance | 328 Comments

There have been some recent reports about hospitals, doctors and health officials now refusing to treat U.S. patients with vitamin D, ivermectin, hydroxychloroquine and another effective therapeutics.  A recent notation about HHS changing liability waivers under the PREP Act, might provide some insight.

“Enacted in December 2005, the PREP Act authorizes the Secretary of HHS (Secretary) to issue a declaration (called a PREP Act declaration) that provides immunity from tort liability (except for willful misconduct) for claims of loss caused, arising out of, relating to, or resulting from administration or use of countermeasures to diseases, threats and conditions determined by the Secretary to constitute a present, or credible risk of a future public health emergency to entities and individuals involved in the development, manufacture, testing, distribution, administration, and use of such countermeasures.” (link)

A PREP Act declaration is specifically for the purpose of providing immunity from tort liability, and is different from, and not dependent on, other emergency declarations.

A COVID watchdog group recently noted: “It appears that the Prep Act had been amended such that private hospitals and entities were covered in their actions taken with Covid-19  patients and relieved of all liability as long as they were prescribing ‘Covered Countermeasures’. ie. NIH approved medications. This may be why hospitals are refusing to use effective COVID treatments like vitamin D, ivermectin, hydroxychloroquine, etc” (link)

Under the HHS Notification, the PREP Act has been modified: “The amended Section VII adds that PREP Act liability protections also extend to Covered Persons for Recommended Activities that are related to any Covered Countermeasure that is:

  1. licensed, approved, cleared, or authorized by the Food and Drug Administration (FDA) (or that is permitted to be used under an Investigational New Drug Application or an Investigational Device Exemption) under the Federal Food, Drug, and Cosmetic (FD&C) Act or Public Health Service (PHS) Act to treat, diagnose, cure, prevent, mitigate or limit the harm from COVID–19, or the transmission of SARS–CoV–2 or a virus mutating therefrom; (link)

The attachment of a liability or tort waiver to only cover FDA approved therapeutics likely explains a shift amid the medical community to stop patients treatment due to coverage restrictions on their malpractice insurance.  Additionally, Big Pharma -the group who controls NIH- wouldn’t make as much money if their mandatory vaccines had a less costly alternative.  So there’s that.

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