Trial Engrossment of Amendment A05363 to House Bill 2455 P.N. 3639, Regular Session 2019-2020

A05363

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2455

Session of

2020

INTRODUCED BY LAWRENCE, APRIL 27, 2020

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 27, 2020

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; providing for judicial administration; and

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," in powers and duties of the Department of Health

and its departmental administrative and advisory boards,

providing for local health department COVID-19 antibody

testing; and providing for COVID-19 emergency testing

procurement and disbursement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, is amended by adding a

section to read:

Section 2127. Local Health Department COVID-19 Antibody

Testing.--(a) A health department may notify the secretary of

the health department's intention to implement serology tests to

identify antibodies to the COVID-19 virus in coordination with

the guidance provided in the policy. Notification under this

subsection shall be made in writing to the secretary by the

health director or equivalent employee of a health department.

(b) Within seventy-two (72) hours of receipt of the

notification under subsection (a), the secretary shall

authorize, in writing, State laboratories holding a Clinical

Laboratory Improvement Amendments (CLIA) certificate and that

meet CLIA requirements to perform high-complexity testing, to

facilitate and coordinate testing with the respective health

department. The following shall apply:

(1) A health department shall reimburse a State laboratory

for costs incurred by the State laboratory for services

performed under this subsection.

(2) An individual tested under this subsection shall:

(i) Be notified in writing at the time of initial testing of

the applicable provisions of section (IV)(D) of the policy.

(ii) Be advised of test results as soon as practicable in a

manner determined by the health department.

(3) A health department performing serology tests under this

subsection shall report the total number of positive and

negative test results to the Department of Health of the

Commonwealth on a daily basis.

expiration or termination of the proclamation of disaster

emergency issued by the Governor on March 6, 2020, published at

50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of

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disaster emergency.

(d) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Health department." A county or municipal health department

in this Commonwealth.

"Policy." The Policy for Diagnostic Tests for Coronavirus

Disease-2019 during the Public Health Emergency, docket number

FDA-2020-D-0987, available on the publicly accessible Internet

website of the Food and Drug Administration on March 16, 2020.

"Secretary." The Secretary of Health of the Commonwealth.

Section 2. This act shall take effect in 60 days.

Section 2. The act is amended by adding an article to read:

ARTICLE XXI-C

COVID-19 EMERGENCY

TESTING PROCUREMENT AND DISBURSEMENT

Section 2101-C. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"COVID-19." The novel coronavirus as defined in the

Governor's Proclamation of Disaster Emergency issued on March 6,

2020, published at 50 Pa.B. 1644 (March 21, 2020).

Section 2102-C. Procurement and disbursement plan.

(a) Submission of plan.--No later than seven days after the

effective date of this section, the Governor, in consultation

with the Secretary of Health, shall submit a plan for the

procurement and disbursement of testing kits or equipment

necessary to test for COVID-19 to the chair and minority chair

of the Appropriations Committee of the Senate and the chair and

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minority chair of the Appropriations Committee of the House of

Representatives.

(b) Contents.--The plan under subsection (a) shall include

all of the following:

(1) A review of the type and quantity of testing kits

and equipment proposed to be procured.

(2) A proposed timeline for the procurement of the

testing kits and equipment.

(3) A proposed plan to disburse the testing kits and

equipment across this Commonwealth.

(4) A list of categories of individuals who serve an

essential health and safety function or who are at a high-

risk of contracting COVID-19 to be given initial priority to

be tested. The list shall include:

(i) Health care staff.

(ii) Staff and residents of nursing homes, long-term

care nursing facilities, assisted living residences,

personal care homes and hospices.

(iii) Staff and clients of home care providers, home

health care providers, mental health providers,

behavioral health providers, children's services,

intellectual disability providers and drug and alcohol

providers.

(iv) Emergency service and public safety personnel.

(v) Any other category of individuals who serve an

essential health and safety function or who are at high-

risk of contracting COVID-19.

(vi) An estimate of the amount of funding needed to

implement the plan.

(5) A description of how the plan supports the efforts

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to limit the spread of COVID-19 at life-sustaining businesses

which have been permitted to continue to operate under the

orders from the Governor and the Secretary of Health since

the Governor's Proclamation of Disaster Emergency issued on

March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020) .

(6) A description of how the plan supports the efforts

to limit the spread of COVID-19 at businesses other than

businesses listed under paragraph (5) and which would be

permitted to resume operations under subsequent orders or

revisions to orders by the Governor and the Secretary of

Health.

be deemed approved upon the enactment of an appropriation for

the procurement of testing kits or equipment necessary from

funds provided under the Federal Coronavirus Aid, Relief, and

Economic Security Act (Public Law 116-136, 134 Stat. 281).

Section 3. This act shall take effect as follows:

(1) The addition of section 2127 of the act shall take

effect in 60 days.

(2) The remainder of this act shall take effect

immediately.

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