COVID-19: Understanding Liability Immunity Under the PREP Act The spread of COVID-19 continues to strain the health care industry, including by creating shortages of medical supplies. On March 17, 2020, the Secretary of the Department of Health and Human Services (HHS) published a declaration under the 2005 Public Readiness and Emergency Preparedness Act (PREP Act) to provide liability immunity for activities related to medical countermeasures against the ongoing COVID-19 pandemic. HHS amended the declaration on April 10, 2020. In order to address several questions and clarify the PREP Act’s scope, HSS published an advisory opinion on April 14, 2020. The...