§ 300ff–138 — Miscellaneous Provisions

(a) 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) 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) 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) 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) 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) 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.