§300ff–138. Miscellaneous provisions

42 U.S.C. § §300ff–138. Miscellaneous provisions

• Title: 42 — The Public Health and Welfare
• Chapter: SUBCHAPTER XXIV—HIV HEALTH CARE SERVICES PROGRAM
• Part: G

Text

(a) Liability of medical facilities, designated officers, public health officers, and governing entities
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) Testing
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) Confidentiality
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) Failure to provide emergency services
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) Notification and reporting deadlines
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) Continued application of State and local law
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.

History

(July 1, 1944, ch. 373, title XXVI, §2695G, as added Pub. L. 111–87, §13, Oct. 30, 2009, 123 Stat. 2902.)

Editorial Notes

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.