PRINTER'S NO. 3619
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2437
Session of
2020
INTRODUCED BY STEPHENS, JOZWIAK, MIZGORSKI, YOUNGBLOOD,
MACKENZIE, MILLARD, READSHAW, MOUL, DeLUCA, GREEN, CIRESI AND
THOMAS, APRIL 27, 2020
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
APRIL 27, 2020
AN ACT
Providing for health care facility reporting relating to COVID-
19 and for duties of the Department of Health and the
Department of Human Services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Emergency
Declaration Data Transparency Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Care." Services provided to meet a recipient's need for
personal care or health care which requires interaction with the
recipient.
"COVID-19." The novel coronavirus as identified in the
Governor's proclamation of disaster emergency issued on March 6,
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2020.
"Electronic system." The electronic laboratory results
surveillance system developed by the Department of Health and in
use by facilities licensed by the Department of Health and the
Department of Human Services to report COVID-19 cases and
deaths.
"Employee." An individual who is:
(1) employed by a facility, or the affiliated corporate
entity of a facility, or enters into a contractual
relationship with the facility, recipient, a recipient's
family, agent, legal representative or the affiliated
corporate entity of a facility, to provide care to a
recipient;
(2) has unsupervised access to another individual and
that individual's living quarters, resources or personal
records; or
(3) is a student doing an internship or clinical
rotation or any other individual who has been granted access
to a facility or older adult to perform a clinical service
for a fee paid by the facility.
"Facility." Any of the following:
(1) Any of the following entities as defined in section
802.1 of the act of July 19, 1979 (P.L.130, No.48), known as
the Health Care Facilities Act:
(i) A long-term care nursing facility.
(ii) A hospice.
(2) A personal care home as defined in section 1001 of
the act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code.
(3) An assisted living residence as defined in section
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1001 of the Human Services Code.
"Recipient." An individual who receives care, services or
treatment in or from a facility.
Section 3. Facility reporting requirements.
A facility shall use the electronic system to report to the
Department of Health or the Department of Human Services,
whichever licenses the facility, the following information:
(1) The number, and results, of recipients and employees
who have been tested for COVID-19.
(2) The number of COVID-19-related deaths among
recipients and employees.
(3) The total number of recipients who reside in the
facility.
(4) The total number of employees who are employed by
the facility.
Section 4. Survey for isolation protocol and infection control
requirements.
(a) Survey.--The Department of Health and the Department of
Human Services shall create a survey for distribution to the
appropriate licensed facilities under their purview to collect
information on infection control and isolation protocols
implemented at the facility.
(b) Publication.--The data collected in each survey shall be
published on the Department of Health's publicly accessible
Internet website.
(c) Local health departments.--Nothing in this section shall
prohibit a local health department from publishing the survey
information in the form of percentages on its publicly
accessible Internet website.
(d) Definition.--As used in this section, the term "survey"
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means the survey required by 42 CFR Pt. 483 Subpt. B (relating
to requirements for long term care facilities) and 28 Pa. Code
(relating to health and safety).
Section 5. Data publication.
(a) Duty of department.--The Department of Health shall
collect the information required to be reported under section 3
and make the following data available on the department's
publicly accessible Internet website:
(1) The percentage of recipients who have tested
positive and negative, respectively, for COVID-19 in each
facility.
(2) The percentage of recipients who have died as a
result of COVID-19 in each facility.
(3) The percentage of employees who have tested positive
and negative, respectively, for COVID-19 working in each
facility.
(4) The percentage of employees working in each facility
who have died as a result of COVID-19.
(b) Construction.--Nothing in this section shall prohibit a
local health department from publishing the percentages in this
section on its publicly accessible Internet website.
Section 6. Expiration.
This act shall expire upon termination, by executive order,
proclamation or operation of law, of the declaration of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020).
Section 7. Effective date.
This act shall take effect immediately.
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