COVID-19 Update: HHS implements president’s executive order to prevent medical resource hoarding

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Under President Trump’s Executive Order to prevent the hoarding of health and medical resources that are necessary to respond to the spread of COVID-19 (coronavirus), Department of Health and Human Services (HHS) Secretary Alex Azar announced a list of certain health and medical resources that are subject to hoarding prevention measures.

Of relevance from a supply chain and purchasing perspective, this action prohibits price-gouging. More specifically, it prevents accumulation in excess of reasonable demands of business, personal or home consumption or for the purpose of resale at prices in excess of prevailing market prices.

The designated materials, as of March 25, 2020, are:

  • 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 respirators (PAPR)
  • Portable ventilators
  • Chloroquine phosphate or hydroxychloroquine HCl
  • Sterilization services for certain medical devices and sterilizers
  • Disinfecting devices and other sanitizing and disinfecting products suitable for use in a clinical setting
  • Medical gowns or apparel (e.g., surgical gowns, 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

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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