Questions Arise Under Homeland Security Act Liability Provisions
The Homeland Security Act provides general protections for persons and institutions assisting the government during a bioterrorism incident and specific protections for smallpox vaccination programs. Section 304 of the Act went into effect on January 24, 2003, but the Secretary of HHS must make a "declaration" that smallpox poses a potential public health emergency risk requiring vaccination as a countermeasure. Until such a declaration is made, the Act provides for no protection for persons involved in providing countermeasures. There are significant concerns regarding liability issues involved with a smallpox vaccination program due to the incidence of vaccine-related complications, including several issues that require additional legal clarification concerning who and under what circumstances the immunity attaches.
To view this week's Health Briefs (a listing of Federal and Texas regulations affecting health care), visit our website at
http://www.velaw.com/publications/healthcare/HB012403.pdf.
For information on Vinson & Elkins' HIPAA Consortium, visit
http://www.velaw.com/publications/publications.cfm?pub_ID=9&hc_ID=3.
This material is not intended to create, and does not create, an attorney-client relationship between you and Vinson & Elkins L.L.P., and you should not act or rely on any of this information. As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for advice of competent...
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