PRINTER'S NO. 2137
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1886
Session of
2021
INTRODUCED BY BULLOCK, KINSEY, N. NELSON, HILL-EVANS, FRANKEL,
SANCHEZ, MADDEN, KENYATTA AND McCLINTON, SEPTEMBER 20, 2021
REFERRED TO COMMITTEE ON HEALTH, SEPTEMBER 20, 2021
AN ACT
Providing for the Office of Health Equity; establishing the
Office of Health Equity Advisory Committee; and imposing
duties on the Department of Health.
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 Office of
Health Equity 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:
"Advisory committee." The Office of Health Equity Advisory
Committee established under section 5(a).
"Commonwealth agency." As follows:
(1) Any of the following:
(i) The Governor's Office.
(ii) An executive agency.
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(iii) The office of Lieutenant Governor.
(iv) An independent agency.
(v) An independent department.
(vi) An organization established by the Constitution
of Pennsylvania, a statute or an executive order that
performs or is intended to perform an essential
governmental function.
(2) The term does not include:
(i) The General Assembly or an office or agency of
the General Assembly.
(ii) A court or other agency of the unified judicial
system.
"Department." The Department of Health of the Commonwealth.
"Executive agency." As follows:
(1) An office, department, authority, board, multistate
agency or commission of the executive branch of the
Commonwealth that is subject to the policy supervision and
control of the Governor.
(2) The term includes:
(i) The Department of Aging.
(ii) The Department of Agriculture.
(iii) The Department of Banking and Securities.
(iv) The Department of Community and Economic
Development.
(v) The Department of Conservation and Natural
Resources.
(vi) The Department of Corrections.
(vii) The Department of Drug and Alcohol Programs.
(viii) The Department of Education.
(ix) The Department of Environmental Protection.
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(x) The Department of General Services.
(xi) The Department of Health.
(xii) The Department of Human Services.
(xiii) The Department of Labor and Industry.
(xiv) The Department of Military and Veterans
Affairs.
(xv) The Department of Revenue.
(xvi) The Department of State.
(xvii) The Department of Transportation.
(xviii) The Insurance Department.
(xix) The Pennsylvania State Police.
(xx) A board or commission of an entity enumerated
under this paragraph.
"Health disparities." Preventable differences in the burden
of disease, injury, violence or opportunities to achieve optimal
health that are experienced by a population in comparison to
another population.
"Health equity." The absence of unfair and avoidable or
remediable differences in health among population groups,
whether those population groups are defined socially,
economically, demographically or geographically.
"Independent agency." As follows:
(1) A board, commission, authority, agency or other
entity of the Commonwealth that is not subject to the policy
supervision and control of the Governor.
(2) The term includes:
(i) The Board of Claims.
(ii) The Pennsylvania Historical and Museum
Commission.
(iii) The Milk Marketing Board.
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(iv) The Pennsylvania Crime Commission.
(v) The Pennsylvania Fish and Boat Commission.
(vi) The Pennsylvania Game Commission.
(vii) The Pennsylvania Higher Education Assistance
Agency.
(viii) The Pennsylvania Human Relations Commission.
(xix) The Pennsylvania Labor Relations Board.
(x) The Pennsylvania Liquor Control Board.
(xi) The Pennsylvania Public Utility Commission.
(xii) The Pennsylvania Turnpike Commission.
(xiii) The State Civil Service Commission.
(xiv) The State Ethics Commission.
(xv) The State Tax Equalization Board.
(xvi) An entity subject to the policy supervision
and control of an entity enumerated under this paragraph.
(3) The term does not include:
(i) The General Assembly or an office or agency of
the General Assembly.
(ii) A court or other agency of the unified judicial
system.
"Independent department." Any of the following:
(1) The Department of the Auditor General.
(2) The Treasury Department.
(3) The Office of Attorney General.
(4) A board or commission of an entity under paragraph
(1), (2) or (3).
"Municipality." As defined in 53 Pa.C.S. ยง 5602 (relating to
definitions).
"Office." The Office of Health Equity established under
section 3(a).
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"Personal identifying information." A document,
photographic, pictorial or computer image of an individual or
fact used to establish identity, including a name, birth date,
Social Security number, driver's license number, nondriver
governmental identification number, telephone number, checking
account number, savings account number, student identification
number, employee or payroll number, residence address, mailing
address, email address or electronic signature.
"Private school." Any of the following:
(1) A private school licensed under the act of January
28, 1988 (P.L.24, No.11), known as the Private Academic
Schools Act.
(2) A private school accredited by an accrediting
association approved by the State Board of Education.
(3) A private school licensed under the act of December
15, 1986 (P.L.1585, No.174), known as the Private Licensed
Schools Act.
"Public entity." As follows:
(1) Any of the following:
(i) A Commonwealth agency.
(ii) A municipality.
(iii) A school entity.
(2) The term includes a contractor or subcontractor of
an entity specified in paragraph (1) that has entered into a
contract, purchase order or other procurement arrangement
with the entity and has received, is to receive or is
receiving public funds from the Commonwealth under the
contract, purchase order or other procurement arrangement.
"School entity." Any of the following:
(1) A school district of any class.
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(2) A public school as defined in 24 Pa.C.S. ยง 8102
(relating to definitions).
(3) A nonpublic school as defined in section 923.3-A(b)
of the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
(4) A private school.
(5) An intermediate unit as described in Article IX-A of
the Public School Code of 1949.
(6) A charter school as defined in section 1703-A of the
Public School Code of 1949.
(7) A cyber charter school as defined in section 1703-A
of the Public School Code of 1949.
(8) A regional charter school as defined in section
1703-A of the Public School Code.
(9) An area career and technical school as described in
section 1841 of the Public School Code of 1949.
(10) An institution of higher education, including the
following:
(i) A university within the State System of Higher
Education under Article XX-A of the Public School Code of
1949.
(ii) The Pennsylvania State University, the
University of Pittsburgh, Temple University, Lincoln
University or any other institution designated as State-
related by the Commonwealth.
(iii) The Thaddeus Stevens College of Technology.
(iv) A community college under Article XIX-A of the
Public School Code of 1949.
(v) A college established under Article XIX-G of the
Public School Code of 1949.
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(vi) An institution of higher education located in
and incorporated or chartered by the Commonwealth and
entitled to confer degrees as specified in 24 Pa.C.S. ยง
6505 (relating to power to confer degrees) and as
provided for by the standards and qualifications
prescribed by the State Board of Education under 24
Pa.C.S. Ch. 65 (relating to private colleges,
universities and seminaries).
(vii) A foreign corporation approved to operate an
educational enterprise under 22 Pa. Code Ch. 36 (relating
to foreign corporation standards).
"Secretary." The Secretary of Health of the Commonwealth.
"Social determinants of health." Nonmedical factors that
affect both the average and distribution of health within
populations, including distal determinants such as political,
legal, institutional and cultural factors, and proximal
determinants such as socioeconomic status, physical environment,
living and working conditions, immigration status, family and
social network, lifestyle or behavior and demographics.
Section 3. Establishment of office.
(a) Establishment and purpose.--The Office of Health Equity
is established within the department to facilitate the
advancement of health equity by reducing health disparities and
addressing the social determinants of health in this
Commonwealth.
(b) Staffing.--The office shall include a director of the
office and appropriate legal, information technology,
administrative and other support staff, including an
epidemiologist and a biostatistician.
Section 4. Powers and duties of office.
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(a) Responsibilities.--The office shall have the following
powers and duties:
(1) Notwithstanding existing Federal and State law, to
collect data from public entities in accordance with the
purpose of the office.
(2) To seek Federal and State grants and any grants or
money that may be available from private organizations or
entities to carry out the powers and duties of the office.
(3) To enter into public-private partnerships as
necessary to carry out the powers and duties of the office.
(4) To research, develop, disseminate and advocate
public health strategies to address health disparities in
this Commonwealth.
(5) To advise the department in matters relating to
health disparities and health equity.
(6) To collaborate with State agencies, legislators,
policy makers, insurers, health care providers, community-
based organizations, academic institutions and other
entities, both public and private, to develop and implement
policies and programs that result in a measurable and
sustained improvement in health care access and health
outcomes of underserved and disparate populations in this
Commonwealth.
(7) To collect and analyze data to identify and track
health disparities in this Commonwealth.
(8) To assist in identifying the conditions and causes
of health disparities. The office shall, to the extent
practicable or feasible, consider social determinants of
health as contributing factors to health disparities.
(9) To coordinate research and scientific studies
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regarding the epidemiology, sociological impact and strategy
development relating to health disparities.
(10) To develop and assist with the implementation of
policies to reduce health disparities.
(11) To recommend actions to address health disparities
that:
(i) Are data-driven, evidence-based and culturally
aware.
(ii) Address subpopulations with the highest levels
of disparity in health care access and outcomes,
including ways to reduce and eliminate disparities in
access to quality and affordable health care and health
outcomes based on race, ethnicity, gender, sex, sexual
orientation, national origin, disability status and
geographic location.
(iii) Include disparities related to:
(A) Cancers, including breast, lung, cervical,
prostate and colorectal cancer.
(B) Cardiovascular diseases, including coronary
heart disease and stroke.
(C) Pulmonary diseases, including asthma and
chronic obstructive pulmonary disease (COPD).
(D) Metabolic diseases, including diabetes,
cirrhosis and other diseases of the liver.
(E) Autoimmune diseases, including lupus and
multiple sclerosis.
(F) Infectious diseases, including COVID-19,
influenza, HIV/AIDS and hepatitis.
(G) Maternal morbidity, mortality and infant
health.
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(H) Disability status.
(iv) Include disparities in access and outcomes
relating to behavioral health and mental health equity.
(12) To liaise with public entities and private entities
to engage in collaborative strategies to address health
disparities.
(13) To disseminate information on programs to reduce
and eliminate health disparities.
(14) To utilize assessment tools to improve racial and
cultural competency of health care providers.
(15) To increase public awareness of the existence of
health disparities.
(b) Reports.--The office shall prepare an annual report on
the status of health disparities in this Commonwealth and
strategies to address health disparities. The following apply:
(1) The report shall be made available through the
publicly accessible Internet website of the office.
(2) A copy of the report shall be submitted to:
(i) The head of each public entity that is subject
to this act.
(ii) The chairperson and minority chairperson of the
Health and Human Services Committee of the Senate.
(iii) The chairperson and minority chairperson of
the Health Committee of the House of Representatives.
(iv) The chairperson and minority chairperson of the
Human Services Committee of the House of Representatives.
(3) The report shall not contain personal identifying
information or other information that is protected from
disclosure under Federal or State law.
Section 5. Advisory committee.
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(a) Establishment.--The Office of Health Equity Advisory
Committee is established within the office to provide advice and
guidance to the Governor and the secretary on programs,
activities and actions to address health disparities in this
Commonwealth.
(b) Membership.--The membership of the advisory committee
shall be at the discretion of the secretary and shall, at a
minimum, include representatives of academia, the provider
community, community-based organizations and representatives of
disparate populations.
(c) Duties.--The advisory committee shall have the following
duties, at a minimum:
(1) To advise the office on strategic priorities for the
elimination of health disparities.
(2) To regularly evaluate the effectiveness of actions
taken by the office and public entities to address health
disparities.
(3) To collaborate with public entities to develop
policies designed to eliminate health disparities.
Section 6. Responsibilities of public entities and others.
Each public entity shall cooperate with the office to enable
the office to carry out the powers and duties of the office and
provide any necessary data to the office, subject to
confidentiality standards and the protection of personal
identifying information as required by Federal and State law.
The following apply:
(1) The head of each public entity shall ensure that the
necessary data is provided to the office.
(2) A board, commission, authority, agency or other
entity of a public entity need not separately provide data to
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the office if the head of the public entity is providing the
same data to the office.
Section 7. Protected information.
(a) Unauthorized use of data.--
(1) A person commits a misdemeanor of the third degree
if the person:
(i) intentionally or knowingly releases or otherwise
discloses data under this act to a person not authorized
to receive the data under this act; or
(ii) intentionally or knowingly releases or
otherwise discloses personal identifying information that
is protected by confidentiality standards under Federal
or State law.
(2) Except as provided in subsection (b), a person
commits a misdemeanor of the third degree if the person is an
unauthorized person who knowingly receives or possesses the
data or personal identifying information described in
paragraph (1).
(b) Return and notice.--If an unauthorized person
inadvertently or by error gains access to the data or personal
identifying information described in subsection (a)(2), the
person shall immediately return the data or personal identifying
information, without duplication, and notify the office in
writing of the improper receipt or possession.
Section 8. Effective date.
This act shall take effect in 60 days.
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