On March 25, in response to President Trump’s Executive Order, HHS issued a Notice of Designation a list of health and medical resources necessary to respond to COVID-19 that are necessary to combat the spread of the disease.  The Defense Production Act “prohibits any person from accumulating designated materials (1) in excess of the reasonable demands of business, personal, or home consumption, or (2) for the purpose of resale at prices in excess of prevailing market prices.”   Secretary Azar designated these materials as scare or threatened materials:

  • N-95 Filtering Facepiece Respirators
  • Other Filtering Facepiece Respirators (e.g., those designated as N99, N100, R95, R99, R100, or P95, P99, P100)
  • Elastomeric, air-purifying respirators and appropriate particulate filters/cartridges
  • Powered Air Purifying Respirator (PAPR)
  • Portable Ventilators
  • Chloroquine phosphate or hydroxychloroquine HCl
  • Sterilization services for certain medical devices and certain sterilizers
  • Disinfecting devices and other sanitizing and disinfecting products suitable for use in a clinical setting
  • Medical gowns or apparel, e.g., surgical gowns or isolation gowns
  • Personal protective equipment (PPE) coveralls, e.g., Tyvek Suits
  • PPE face masks
  • PPE surgical masks
  • PPE face shields
  • PPE gloves or surgical gloves
  • Ventilators, anesthesia gas machines modified for use as ventilators, and positive pressure breathing devices modified for use as ventilators, ventilator tubing connectors, and ventilator accessories

The HHS Office of Inspector General has launched a COVID-19 portal.  The portal is accessible here.  The portal provides information regarding OIG policies during the COVID-19 pandemic and provides an email address where fraud and abuse questions related to the coronavirus may be submitted.   Mail service for the HHS OIG has ceased following the closing of the Cohen Building in Washington D.C., so queries should be submitted to: OIGComplianceSuggestions@oig.hhs.gov.

Norton Rose Fulbright attorneys will continue to provide relevant updates on the Health Law Pulse for healthcare facilities and professionals during the COVID-19 outbreak.