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McKnight’s Long-Term Care News: Drew Graham on Supreme Court’s Decision to Review PREP Act COVID-19 Liability Cases

Graham PREP Act McKnights

The U.S. Supreme Court may finally determine whether COVID-19 liability cases related to the Public Readiness and Emergency Preparedness (PREP) Act belong in state or federal court. While states can currently consider cases based on federal law, Glenhaven Healthcare is seeking petition from the court to hear its COVID-19 litigation case exclusively in federal court after the U.S. Court of Appeals for the Ninth Circuit sent the case back to state court.

Drew Graham, partner at leader of the Long-Term Care Practice Group at Hall Booth Smith, told McKnight’s health care provider response is stronger when providers have a clear understanding of potential liability.

“Because individual cases filed against providers are currently being decided in both state and federal courts across the country, resolving the question of the proper court for these cases is important to providing clarity for our healthcare providers involved in the emergency response to COVID-19,” he said. “Going forward, resolving the questions presented in the petition will enhance our ability as a country to mount a coordinated national response to future public health emergencies.”

Read the full article on the McKnight’s Long-Term Care News site.

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