Trial Engrossment of Amendment A06325 to House Bill 2455 P.N. 3697, Regular Session 2019-2020

A06325

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2455

Session of

2020

INTRODUCED BY LAWRENCE, TOOHIL AND RYAN, APRIL 27, 2020

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 4, 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 PLAN AND REPORTING.

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 LOCAL health department may notify the

secretary of the LOCAL 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 LOCAL 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 LOCAL

health department. The following shall apply:

(1) A LOCAL 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 LOCAL health department.

(3) A LOCAL health department performing serology tests

under this subsection shall report the total number of positive ,

false positive, negative and false negative test results to the

Department of Health of the Commonwealth on a daily basis.

expiration or termination of the proclamation of disaster

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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

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 "LOCAL 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.

"STATE LABORATORY." A STATE PUBLIC HEALTH LABORATORY AS

AUTHORIZED UNDER SECTION 8(D) OF THE ACT OF APRIL 27, 1905

(P.L.312, NO.218), ENTITLED "AN ACT CREATING A DEPARTMENT OF

HEALTH, AND DEFINING ITS POWERS AND DUTIES."

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

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

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

article to read:

ARTICLE XXI-C

COVID-19 EMERGENCY

TESTING PROCUREMENT AND DISBURSEMENT PLAN AND REPORTING

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,

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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

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

A06325 - 4 -

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

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).

"STATE LABORATORY." A STATE PUBLIC HEALTH LABORATORY AS

AUTHORIZED UNDER SECTION 8(D) OF THE ACT OF APRIL 27, 1905

(P.L.312, NO.218), ENTITLED "AN ACT CREATING A DEPARTMENT OF

HEALTH, AND DEFINING ITS POWERS AND DUTIES.

SECTION 2102-C. COVID-19 TESTING PLAN.

(A) SUBMISSION.--CONSISTENT WITH THE PAYCHECK PROTECTION

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PROGRAM AND HEALTH CARE ENHANCEMENT ACT (PUBLIC LAW 116-139),

THE GOVERNOR OR AN AUTHORIZED DESIGNEE SHALL SUBMIT A PLAN FOR

COVID-19 TESTING TO THE SECRETARY OF THE UNITED STATES

DEPARTMENT OF HEALTH AND HUMAN SERVICES.

(B) CONTENTS.--THE PLAN UNDER SUBSECTION (A) SHALL DELINEATE

GOALS, BEGINNING AFTER THE EFFECTIVE DATE OF THIS SECTION, FOR

THE REMAINDER OF THE CALENDAR YEAR 2020, AND SHALL INCLUDE ALL

OF THE FOLLOWING:

(1) THE NUMBER OF TESTS NEEDED, MONTH-BY-MONTH,

INCLUDING DIAGNOSTIC, SEROLOGICAL AND OTHER TESTS, AS

APPROPRIATE.

(2) MONTH-BY-MONTH ESTIMATES OF LABORATORY AND TESTING

CAPACITY, INCLUDING CAPACITY RELATED TO WORKFORCE, EQUIPMENT

AND SUPPLIES AND AVAILABLE TESTS.

(3) A DESCRIPTION OF HOW THE COMMONWEALTH WILL USE

FEDERAL MONEY APPROPRIATED FOR COVID-19 TESTING, INCLUDING AS

IT RELATES TO EASING ANY COVID-19 COMMUNITY MITIGATION ORDERS

ISSUED BY THE GOVERNOR.

A PLAN UNDER THIS SECTION, THE GENERAL ASSEMBLY SHALL

APPROPRIATE FUNDS FOR COVID-19 TESTING AS PROVIDED UNDER

SUBSECTIONS (D) AND (E).

(D) USE OF FUNDING.--FUNDS APPROPRIATED UNDER SUBSECTION (C)

MAY BE USED FOR ANY OF THE FOLLOWING:

(1) NECESSARY EXPENSES TO RESEARCH, DEVELOP, VALIDATE,

MANUFACTURE, PURCHASE, ADMINISTER AND EXPAND CAPACITY FOR

COVID-19 TESTS TO EFFECTIVELY MONITOR AND SUPPRESS COVID-19,

INCLUDING MOLECULAR, ANTIGEN AND SEROLOGICAL TESTS.

(2) MANUFACTURING, PROCUREMENT AND DISTRIBUTION OF

TESTS, TESTING EQUIPMENT AND TESTING SUPPLIES, INCLUDING

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PERSONAL PROTECTIVE EQUIPMENT NEEDED FOR ADMINISTERING TESTS.

(3) THE DEVELOPMENT AND VALIDATION OF RAPID, MOLECULAR

POINT-OF-CARE TESTS AND OTHER TESTS.

(4) SUPPORT FOR WORKFORCE AND EPIDEMIOLOGY.

(5) SCALING UP ACADEMIC, COMMERCIAL, PUBLIC HEALTH AND

HOSPITAL LABORATORIES, HEALTH CARE FACILITIES AND COMMUNITY-

BASED COVID-19 TESTING SITES.

(6) CONDUCTING SURVEILLANCE AND CONTACT TRACING.

(7) SUPPORTING DEVELOPMENT OF COVID-19 TESTING PLANS.

(E) TESTING PRIORITIZATION.--INDIVIDUALS WHO SERVE AN

ESSENTIAL HEALTH AND SAFETY FUNCTION OR WHO ARE AT A HIGH-RISK

OF CONTRACTING COVID-19 SHALL BE GIVEN INITIAL PRIORITY TO BE

TESTED. THE FOLLOWING SHALL ALSO BE GIVEN PRIORITY:

(1) EMPLOYEES OF HEALTH CARE PROVIDERS.

(2) STAFF AND RESIDENTS OF NURSING HOME FACILITIES,

ASSISTED LIVING RESIDENCES, PERSONAL CARE HOMES, HOSPICES AND

OTHER CONGREGATE CARE SETTINGS.

(3) STAFF AND RECIPIENTS OF HOME CARE PROVIDERS, HOME

HEALTH CARE PROVIDERS, BEHAVIORAL HEALTH CARE PROVIDERS,

INTELLECTUAL DISABILITY PROVIDERS AND SUBSTANCE ABUSE

DISORDER PROVIDERS.

(4) EMERGENCY SERVICE AND PUBLIC SAFETY PERSONNEL.

(5) EMPLOYEES OF ANY BUSINESS OR INDUSTRY DEEMED

ESSENTIAL.

(6) ANY OTHER CATEGORY OF INDIVIDUALS WHO SERVE AN

ESSENTIAL HEALTH AND SAFETY FUNCTION OR WHO ARE AT HIGH-RISK

OF CONTRACTING COVID-19.

SECTION 2103-C. COVID-19 TESTING REPORTING.

Section 2102-C. COVID-19 testing plan and reporting.

(a) Submission of plan.--The Governor shall submit the plan

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for COVID-19 testing, including any amendments to the plan, that

was submitted to the United States Secretary of Health and Human

Services pursuant to the Paycheck Protection Program and Health

Care Enhancement Act (Public Law 116-139) to all of the

following:

(1) The President pro tempore of the Senate.

(2) The Speaker of the House of Representatives.

(3) The Majority Leader of the Senate.

(4) The Minority Leader of the Senate.

(5) The Majority Leader of the House of Representatives.

(6) The Minority Leader of the House of Representatives.

(7) The majority and minority chairperson of the

Appropriations Committee of the Senate.

(8) The majority and minority chairperson of the Health

and Human Services Committee of the Senate.

(9) The majority and minority chairperson of the

Appropriations Committee of the House of Representatives.

(10) The majority and minority chairperson of the Health

Committee of the House of Representatives.

(11) The majority and minority chairperson of the Human

Services Committee of the House of Representatives.

(A) (b) TESTING REPORT REQUIRED.--BEGINNING ON THE DAY 14

days AFTER THE EFFECTIVE DATE OF THIS SECTION, AND EACH WEEK

every 14 days THEREAFTER, THE DEPARTMENT OF HEALTH SHALL SUBMIT

A REPORT REGARDING THE DEPARTMENT'S TESTING OF COVID-19 TO THE

PRESIDENT PRO TEMPORE OF THE SENATE, THE MAJORITY LEADER AND

MINORITY LEADER OF THE SENATE, THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE

SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE MAJORITY LEADER AND

MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES AND THE

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CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS

COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(B) (c) TESTING REPORT CONTENTS.--THE REPORT SHALL CONTAIN A

SUMMARY OF THE FOLLOWING INFORMATION:

(1) THE TECHNOLOGY AND SUPPLIES PROCURED OR ACQUIRED BY

THE COMMONWEALTH RELATED TO COVID-19 TESTING.

(2) THE ADMINISTRATIVE AND OPERATING COSTS OF A STATE

LABORATORY RELATED TO COVID-19 TESTING.

(3) THE NUMBER AND TYPE OF COMPLETED TESTS BY A STATE

LABORATORY. THIS INFORMATION SHALL INCLUDE DIAGNOSTIC TESTS

AND SEROLOGY TESTS.

(4) THE NUMBER OF POSITIVE , FALSE POSITIVE, NEGATIVE AND

FALSE NEGATIVE and negative COVID-19 TEST RESULTS FROM THE

COMPLETED TESTING UNDER PARAGRAPH (3).

(5) A DESCRIPTION OF STATE LABORATORY COVID-19 TESTING

LIMITATIONS, INCLUDING LIMITATIONS RELATING TO ACQUIRING

REAGENTS OR OTHER COMPONENTS OF THE TESTING PROCESS.

(6) DEMOGRAPHIC TEST RESULT DATA, INCLUDING AGE, SEX,

RACE AND ETHNICITY, AS PROVIDED UNDER SUBSECTION (C).

ORDERING COVID-19 TESTING SHALL REPORT, AS PRESCRIBED BY THE

DEPARTMENT OF HEALTH, A PATIENT'S SELF-REPORTED DEMOGRAPHIC DATA

INCLUDING AGE, SEX, RACE AND ETHNICITY.

(D) (e) EXPIRATION.--THIS SECTION SHALL EXPIRE 60 DAYS AFTER

THE 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 DISASTER

EMERGENCY DECLARATION. December 31, 2021.

Section 3. This act shall take effect immediately.

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