§300ff–138 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Stops lawsuits for money or fines against medical facilities, public health officers, or their governing bodies for failing to follow the duties in this part. It does not force hospitals to test emergency victims for infectious diseases, and it does not require revealing identifying information about victims or emergency workers. It also does not let emergency responders refuse to help. State and local rules that require giving data to public health authorities still apply. If the Secretary finds a public health emergency under section 247d(a) makes compliance impossible, the Secretary may temporarily suspend some or all requirements. The Secretary must notify Congress and publish the suspension in the Federal Register.

Title 42, §300ff–138

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)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.

(d)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.

(e)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.

(f)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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective as if enacted on Sept. 30, 2009, see section 2(a)(3)(B) of Pub. L. 111–87, set out as an

Effective Date

of 2009 Amendment; Revival of Section note under section 300ff–11 of this title.

§300ff–138 Miscellaneous provisions

Summary

Title 42, §300ff–138

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata