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Massachusetts

These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on September 14, 2020.

For more up-to-date information on the relief programs available in Massachusetts, we recommend that you visit the state's COVID-19 Updates and Information website, COVID-19 State of Emergency resources or MassTrac's list of bills related to the COVID-19 pandemic

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Description of Program and Relief

Designation of Authorized Health Care Activities Pursuant to the PREP Act (Civil Immunity for Certain Health Care Professionals and Facilities)

Description of Program and Relief

The State issued a directive to provide the maximum protections for health care workers and facilities under the federal Public Readiness and Emergency Preparedness Act (PREP Act) during the COVID-19 public health emergency. The directive ensures that health care workers and facilities that distribute and administer testing, drugs, and medical devices for the diagnosis and treatment of COVID-19 are protected from suit and liability (absent willful misconduct).

Specifically, the State designated the following activities by health care professionals and facilities as authorized in accordance with the public health and medical response to the COVID-19 outbreak following the Governor’s declared State of Emergency:

  • Health Care Professionals. The prescription, administration, delivery, distribution, or dispensing of certain countermeasures by a health care professional for the treatment, diagnosis, prevention, and mitigation of COVID-19; and

    • Health Care Facilities. The prescription, administration, delivery, distribution, or dispensing of certain countermeasures as part of any program established, supervised, or administered by a health care facility for the treatment, diagnosis, prevention, or mitigation of COVID-19 or as part of the State’s response to the COVID-19 outbreak.

    • The effect of these designations is intended to provide the health care professionals and facilities with civil immunity to the fullest extent provided in the PREP Act in their efforts to contribute to the State’s public health and medical response to the COVID-19 outbreak.

    Government or Lead Agency

    Office of the Governor

    Dates Available

    This directive is deemed effective as of March 10, 2020.

    Eligibility Requirements/Restrictions

    None in addition to the above.

    Application Deadlines (If Applicable)

    Not applicable

    Contact for More Information

    Not applicable

    List of Additional Information

    For more details, the Governor’s Designation of Authorized Health Care Activities Pursuant to the PREP Act can be found here.

    Additionally, the Declaration by the U.S. Secretary of the Department of Health and Human Services Under the PREP Act for Medical Countermeasures Against COVID-19 can be found here.


© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.

© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP

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