42 U.S.C. § 300ff–138 — Miscellaneous provisions
submitted 82 years ago by Pub. L. 111-87 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 311 words · no verdicts yet
This law limits lawsuits against medical facilities and emergency workers under this part. It doesn't require testing victims or sharing their identity. Workers must still respond to emergencies. The Secretary can pause the rules during a public health emergency but must tell Congress. State and local reporting laws still apply.
(a) Liability of medical facilities, designated officers, public health officers, and governing entities. This part doesn't let anyone sue a medical facility, a designated officer, another public health officer, or the entity that governs them, just because they failed to follow the duties in this part. Breaking a rule in this part is not, by itself, a reason for a damages lawsuit or a civil penalty against these people or facilities.
(b) Testing. This part doesn't require or allow a medical facility to test an emergency victim for an infectious disease.
(c) Confidentiality. This part doesn't require or allow a medical facility, a designated officer, or an emergency response employee to reveal information that identifies an emergency victim or an emergency response employee.
(d) Failure to provide emergency services. This part doesn't excuse an emergency response employee from responding to an emergency or from providing services to a victim. An employee can't use this part as a reason to refuse to help someone.
(e) Notification and reporting deadlines. If the Secretary* decides that a public health emergency (declared under section 247d(a)) makes it impossible for people or organizations to follow this part's requirements, the Secretary can temporarily suspend some or all of those requirements, for as long as the circumstances reasonably need. The Secretary must tell Congress about the suspension, either before it happens or soon after, and must publish a notice about it in the Federal Register.
(f) Continued application of State* and local law. Nothing in this part limits state or local laws that require reporting data to public health authorities. Those laws keep applying on top of this part.
This part may not be construed to authorize any cause of action for damages or any civil penalty against any medical facility, any designated officer, any other public health officer, or any governing entity of such facility or officer for failure to comply with the duties established in this part.
This part may not, with respect to victims of emergencies, be construed to authorize or require a medical facility to test any such victim for any infectious disease.
This part may not be construed to authorize or require any medical facility, any designated officer of emergency response employees, or any such employee, to disclose identifying information with respect to a victim of an emergency or with respect to an emergency response employee.
This part may not be construed to authorize any emergency response employee to fail to respond, or to deny services, to any victim of an emergency.
In any case in which the Secretary* determines that, wholly or partially as a result of a public health emergency that has been determined pursuant to section 247d(a) of this title, individuals or public or private entities are unable to comply with the requirements of this part, the Secretary may, notwithstanding any other provision of law, temporarily suspend, in whole or in part, the requirements of this part as the circumstances reasonably require. Before or promptly after such a suspension, the Secretary shall notify the Congress of such action and publish in the Federal Register a notice of the suspension.
Nothing in this part shall be construed to limit the application of State or local laws that require the provision of data to public health authorities.
Source credit: (July 1, 1944, ch. 373, title XXVI, § 2695G, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2902.)
- 1944Enacted · Pub. L. 111-87 · 123 Stat. 2902
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-87 on 1944-07-01.
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