PRINTER'S NO. 794
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
642
Session of
2021
INTRODUCED BY BARTOLOTTA, LANGERHOLC, YUDICHAK, BAKER, J. WARD,
BREWSTER AND STEFANO, MAY 24, 2021
REFERRED TO HEALTH AND HUMAN SERVICES, MAY 24, 2021
AN ACT
Establishing the Health Care Heroes and Public Health
Preparedness Program and Health Care Heroes and Public Health
Preparedness Account to award grants to hospitals impacted by
the COVID-19 pandemic; providing for administration of the
program and for reporting requirements; and making an
appropriation.
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 Health Care
Heroes and Public Health Preparedness Act.
Section 2. Findings and declarations.
The General Assembly finds and declares as follows:
(1) Since the outbreak of the COVID-19 pandemic in March
2020, hospitals and health care personnel in this
Commonwealth have faced challenges in administering COVID-19
vaccines, maintaining current operations, providing treatment
to patients with COVID-19, testing, preparing and maintaining
readiness for future demand, ensuring workforce stability and
dealing with the economic consequences of the cancellation of
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elective procedures, business closures, virtual education,
reluctance to seek care and stay-at-home orders.
(2) Before the start of the COVID-19 pandemic, hospitals
in this Commonwealth struggled to develop and maintain a
robust workforce.
(3) Moreover, as a result of COVID-19, many health care
personnel in this Commonwealth have witnessed extraordinary
amounts of suffering and have decided to expedite their
retirement plans or have otherwise chosen to leave their
careers in health care.
(4) The COVID-19 pandemic has also forced hospitals in
this Commonwealth to look for innovative ways to deliver
health care to patients, which require significant training
resources.
(5) Many hospitals in this Commonwealth still carry
financial losses incurred during the COVID-19 pandemic that
are not covered by the Federal Government and have been
forced to curtail spending necessary funds to meet the health
care needs of their patients.
(6) The COVID-19 pandemic has also required many
hospitals in this Commonwealth to act as local public health
providers by providing contact tracing for COVID-19,
administering COVID-19 vaccines and providing reliable public
health information.
(7) In addition, the COVID-19 pandemic has only
exacerbated the existing crisis of the medically inadequate
placement of patients in this Commonwealth.
(8) Hospitals in this Commonwealth need to increase
behavioral health capacity to allow patients who can be
discharged to find health care, especially during the COVID-
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19 pandemic.
(9) To address these issues, it is necessary to
establish a grant program to ensure the viability of this
Commonwealth's health care system during and after the COVID-
19 pandemic.
Section 3. 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:
"Account." The Health Care Heroes and Public Health
Preparedness Account established under section 5(a).
"Department." The Department of Human Services of the
Commonwealth.
"Eligible recipient." A hospital that has submitted an
application for a grant under the program under section 5(b) and
has received an approval of the application by the department
under section 6(c).
"Hospital." A facility having an organized medical staff and
providing equipment and services primarily for inpatient care to
individuals who require definitive diagnosis or treatment for
injury, illness, pregnancy or other condition.
"Program." The Health Care Heroes and Public Health
Preparedness Program established under section 4(a).
Section 4. The Health Care Heroes and Public Health
Preparedness Program.
(a) Establishment.--The Health Care Heroes and Public Health
Preparedness Program is established within the department for
the purpose of awarding grants to hospitals under this act.
(b) Eligible costs.--The department may award a grant under
the program to an eligible recipient to cover the costs
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associated with any of the following:
(1) Hospital employee programs and initiatives for the
eligible recipient, including specialized employee training
programs, employee counseling and resiliency programs,
employee retention initiatives, day-care programs and
enhanced COVID-19-related staffing and hazard pay programs.
(2) COVID-19-related costs and public health
infrastructure investments not covered by the Federal
Government, including costs incurred for COVID-19 vaccination
programs, public health infrastructure programs, COVID-19
vaccination outreach targeting underserved communities and
building improvements to provide appropriate care in a post-
COVID-19 pandemic environment.
(3) Programs to address behavioral health and postacute
capacity and barriers, including equipment and software to
implement telepsychiatry programs, community programs to
recruit, train or retain behavioral health care providers in
high-need areas, programs to support personal care home
capacity in communities experiencing discharge delays and
computerized bed management systems.
Section 5. Health Care Heroes and Public Health Preparedness
Account.
(a) Establishment.--The Health Care Heroes and Public Health
Preparedness Account is established as a restricted account in
the General Fund. From the amount received by the Commonwealth
from the Federal Government under the American Rescue Plan Act
of 2021 (Public Law 117-2, 135 Stat. 4), $650,000,000 shall be
deposited into the account. Money in the account shall not lapse
or be transferred to any other account or fund.
(b) Appropriation.--All of the money in the account is
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appropriated to the department for the purpose of awarding
grants under the program to eligible recipients and
administering the program and to pay for costs incurred by the
department under section 6(d)(2) and (3).
Section 6. Administration of program.
(a) Administration.--The department shall administer the
program in accordance with this act.
(b) Application.--To apply for a grant under the program, a
hospital shall submit an application to the department on a form
and in a manner prescribed by the department. An application
under this subsection shall include all of the following
information:
(1) A statement and documentation justifying the need
for the grant.
(2) A statement or documentation detailing how the grant
will be used for future public health investments.
(3) Multiple letters of support from community health
partners.
(c) Review.--Beginning no later than 45 days after the date
of enactment, the department shall review applications under
subsection (b). No later than 90 days after a completed
application under subsection (b) is received from a hospital,
the department shall review and approve or deny the application.
A hospital may revise and resubmit a denied application to the
department.
(d) Award of grants.--
(1) The department may award a grant under the program
to an eligible recipient in the form of a prepayment,
prospective payment or retroactive payment as determined
appropriate by the department.
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(2) The department shall award a grant under the program
to an eligible recipient through the use of the most
efficient payment system practicable, which may include the
payment systems administered by the department under the
medical assistance program.
(3) To the extent practicable, the department shall
evaluate and, if appropriate, utilize Federal Medicaid
matching funds to increase a grant award under the program or
award additional grants under the program in accordance with
Federal and State law.
(e) Limitations.--
(1) The department may not award a grant under the
program to reimburse an eligible recipient for expenses or
losses incurred that have been completely reimbursed from
other sources. An eligible recipient shall submit reports and
maintain documentation as required by the department to
ensure compliance with this paragraph and other requirements
under this act.
(2) The department may not award grants under the
program in excess of the amount of funds in the account.
Section 7. Reporting requirements.
(a) Reports.--No later than 60 days after the effective date
of this section and every 60 days thereafter, the department
shall issue a report on the obligation of funds in the account
to the chair and minority chair of the Appropriations Committee
of the Senate and the chair and minority chair of the
Appropriations Committee of the House of Representatives until
all the funds have been expended in the account.
(b) Audits.--No later than three years after all the funds
have been expended in the account, the Auditor General shall
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issue an audit of the program to the chair and minority chair of
the Appropriations Committee of the Senate and the chair and
minority chair of the Appropriations Committee of the House of
Representatives. The Auditor General may conduct interim audits
of the program as the Auditor General deems necessary.
Section 8. Effective date.
This act shall take effect immediately.
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