Regular Session 2019-2020 House Resolution 1087 P.N. 4602

PRINTER'S NO. 4602

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

1087

Session of

2020

INTRODUCED BY KLUNK, BARRAR, ECKER, FEE, KAUFFMAN, MOUL,

ROTHMAN, RYAN, COX, GAYDOS, OWLETT, CAUSER AND SAYLOR,

NOVEMBER 12, 2020

REFERRED TO COMMITTEE ON HEALTH, NOVEMBER 12, 2020

A RESOLUTION

Directing the Legislative Budget and Finance Committee to

conduct an audit of the data collection systems utilized by

the Department of Health during the COVID-19 pandemic.

WHEREAS, The novel coronavirus was first discovered in Wuhan,

China, at the end of December of 2019; and

WHEREAS, The novel coronavirus is the virus that causes

COVID-19; and

WHEREAS, The first documented case of COVID-19 appeared in

this Commonwealth in March of 2020; and

WHEREAS, On March 6, 2020, Governor Wolf signed a declaration

of disaster emergency to mitigate the spread of COVID-19 in this

Commonwealth; and

WHEREAS, The Secretary of Health has served as the primary

point of contact for all COVID-19 infection data in this

Commonwealth through her role as the head of the Department of

Health in accordance with the Disease Prevention and Control Act

of 1955; and

WHEREAS, The collecting and sharing of information with

respect to COVID-19 infection rates, locations of positive

COVID-19 cases, mortality data and other information within the

purview of the Department of Health is vital to contain the

virus and inform the public; and

WHEREAS, The Bureau of Health Statistics and Registries of

the Department of Health is responsible for the death

certificates of all individuals who have died in this

Commonwealth, including individuals who have died for reasons

other than COVID-19; and

WHEREAS, The coroners and medical examiners in this

Commonwealth are responsible for investigating deaths that occur

in this Commonwealth due to a communicable disease; and

WHEREAS, In late April of 2020, the Pennsylvania State

Coroners Association publicly stated that there was a conflict

between the number of COVID-19 deaths reported by the Department

of Health and the number of COVID-19 deaths reported by coroners

in this Commonwealth; and

WHEREAS, Due to the alarming conflict in the number of COVID-

19 deaths reported by the Department of Health and coroners in

this Commonwealth, the Department of Health removed hundreds of

deceased individuals from the Department of Health's list of

COVID-19 deaths without an explanation or a review of the death

certificates for the removed individuals; and

WHEREAS, On May 26, 2020, the Department of Health released a

report specifying the number of COVID-19 cases discovered in

nursing homes; and

WHEREAS, Upon the release of the Department of Health's

report, nursing homes immediately contested the information in

the report, including information in the report stating that

COVID-19 cases exceeded the number of beds in certain nursing

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homes; and

WHEREAS, More than seven months since the beginning of the

COVID-19 pandemic, there is still no consistent reporting

mechanism for COVID-19 cases and deaths in nursing homes; and

WHEREAS, Despite nursing homes and other long-term care

facilities providing numerous reports on COVID-19 to the

Department of Health and the Department of Human Services,

information on COVID-19 for nursing homes and other long-term

care facilities is often delayed more than a week and the

information often includes many missing details; and

WHEREAS, On May 22, 2020, the Department of Health announced

that the Department of Health was combining COVID-19 testing

results from viral tests and antibody tests; and

WHEREAS, A viral or polymerase chain test reaction test is

utilized to determine if a patient has a current viral infection

of COVID-19; and

WHEREAS, An antibody test is utilized to determine if a

patient had a prior or previously undiagnosed or asymptomatic

viral infection of COVID-19; and

WHEREAS, The Department of Health's decision to combine the

two different COVID-19 test results when submitting reports on

COVID-19 to the Centers for Disease Control and Prevention

results in an over inflation of the status of COVID-19 cases in

this Commonwealth; and

WHEREAS, The Department of Health continues to report COVID-

19 data on polymerase chain test results that is more than 30

days old; and

WHEREAS, In addition to the Department of Health's decision

to combine the polymerase chain test results for COVID-19 and

the antibody test results for COVID-19 when submitting reports

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on COVID-19 to the Centers for Disease Control and Prevention,

the Department of Health's failure to report antibody testing to

the Centers for Disease Control and Prevention has distorted the

status of COVID-19 cases in this Commonwealth; and

WHEREAS, Residents of this Commonwealth have logged numerous

complaints about the causes of death listed on the death

certificates of loved ones; and

WHEREAS, Death certificates in this Commonwealth can be filed

by coroners, medical examiners, treating health care providers

and other authorized individuals; and

WHEREAS, A review of the death certificate information from

other states shows numerous inaccuracies in the reporting of

COVID-19 deaths and the comorbidities associated with the

deaths; and

WHEREAS, During two days in June of 2020, this Commonwealth

recorded a 100% positive rate for COVID-19 on all tests

performed; and

WHEREAS, Despite this statistical anomaly, the Department of

Health has not initiated or reviewed the COVID-19 data reported

on those two days to review necessary changes to data reporting;

and

WHEREAS, From October 20 to October 21, 2020, the COVID-19

data provided by the Department of Health showed more COVID-19

deaths in long-term care facilities than in this entire

Commonwealth; and

WHEREAS, This higher COVID-19 death rate data in long-term

care facilities is a statistical impossibility; and

WHEREAS, Instances of anomalies, inaccuracies, statistical

impossibilities and other reporting concerns are still happening

at the Department of Health more than seven months after the

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beginning of the COVID-19 pandemic; and

WHEREAS, Residents of this Commonwealth need to have accurate

and reliable COVID-19 data to make choices for their health,

safety and security; therefore be it

RESOLVED, That the House of Representatives direct the

Legislative Budget and Finance Committee to conduct an audit of

the data collection systems utilized by the Department of Health

during the COVID-19 pandemic; and be it further

RESOLVED, That the Legislative Budget and Finance Committee

review information received from nursing homes, long-term care

facilities, health care facilities, coroners and medical

examiners to determine the accurate number of COVID-19 cases in

this Commonwealth; and be it further

RESOLVED, That the Legislative Budget and Finance Committee's

audit include all of the following information:

(1) An analysis of the daily total COVID-19 reports

submitted to the Department of Health.

(2) An analysis of the daily total COVID-19 reports

received by the Department of Health by other State agencies.

(3) An analysis of the COVID-19 reports provided by

county coroners, medical examiners and local boards of

health.

(4) An analysis of the changes in the daily total COVID-

19 reports provided by the Department of Health, including

the revised numbers of COVID-19 positive test results and

decreases to the total number of reported cases.

(5) An analysis of the comorbidities reported by

patients who tested positive for COVID-19 in addition to the

positive viral diagnoses.

(6) Conclusions regarding the areas where data

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discrepancies have been found and how the discrepancies can

be avoided in future;

and be it further

RESOLVED, That the Legislative Budget and Finance Committee

review the death certificates of deceased individuals which have

been labeled as COVID-19 deaths and analyze the following

information:

(1) The location of death.

(2) The individual who recorded the death.

(3) The method of recording the chain of events

regarding the death.

(4) The location of COVID-19 in the chain of events

listed as the cause of death;

and be it further

RESOLVED, That the Legislative Budget and Finance Committee

review the reporting of COVID-19 data to determine the number of

viral tests and antibody tests performed in this Commonwealth,

including the following information:

(1) The number of polymerase chain test reaction tests

performed, including the number of samples tested and the

number of individuals tested.

(2) The number of COVID-19 positive polymerase chain

test reaction results, including the number of times the same

individual tested positive for COVID-19.

(3) The number of COVID-19 negative polymerase chain

test reaction results, including the number of times the same

individual tested negative for COVID-19.

(4) The number of antibody tests or other serum tests

performed, including the number of samples tested and the

number of individuals tested.

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(5) The number of COVID-19 positive antibody tests or

other serum tests performed, including the number of times

the same individual tested positive for COVID-19.

(6) The number of COVID-19 negative antibody tests or

serum tests performed, including the number of times the same

individual tested negative for COVID-19.

(7) A determination on when the Department of Health

ceased combining COVID-19 testing results from viral tests

and antibody tests when submitting reports on COVID-19 to the

Centers for Disease Control and Prevention.

(8) A determination on how other COVID-19 test results

are collated, counted and reported in this Commonwealth;

and be it further

RESOLVED, That the Legislative Budget and Finance Committee

review the anomalies in the reporting of COVID-19 data by the

Department of Health, including, but not limited to, all of the

following:

(1) The dates when the positivity rate of COVID-19 tests

in this Commonwealth was more than 50%.

(2) The laboratories that performed the COVID-19 tests

described under paragraph (1).

(3) The brands of the COVID-19 tests described under

paragraph (1).

(4) The types of the COVID-19 tests described under

paragraph (1).

(5) The counties where the COVID-19 tests described

under paragraph (1) were performed and the number of COVID-19

tests that were performed on different dates than the COVID-

19 tests described under paragraph (1);

and be it further

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RESOLVED, That the Legislative Budget and Finance Committee

review the delays in reporting of positive COVID-19 cases and

the circumstances that are leading to delays in excess of 40

days in the reporting of positive COVID-19 cases; and be it

further

RESOLVED, That the Legislative Budget and Finance Committee

issue a report on the COVID-19 data collected by the Department

of Health for the period beginning March 6, 2020, and ending

March 6, 2021, or for the period beginning March 6, 2020, and

ending 60 days after expiration or termination of the Governor's

declaration of disaster emergency issued on March 6, 2020,

whichever is later; and be it further

RESOLVED, That the Legislative Budget and Finance Committee

issue interim reports every 60 days beginning 90 days after the

adoption of this resolution on the COVID-19 information

collected and any interim findings.

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