A05309
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1110
Session of
2020
INTRODUCED BY K. WARD, PHILLIPS-HILL, COLLETT, REGAN, MARTIN,
BAKER, STEFANO, ARGALL, BROOKS, DiSANTO, DINNIMAN, MASTRIANO
AND KILLION, APRIL 13, 2020
SENATOR BROOKS, HEALTH AND HUMAN SERVICES, AS AMENDED,
APRIL 20, 2020
AN ACT
Amending the act of April 23, 1956 (1955 P.L.1510, No.500),
entitled "An act providing for the prevention and control of
communicable and non-communicable diseases including venereal
diseases, fixing responsibility for disease prevention and
control, requiring reports of diseases, and authorizing
treatment of venereal diseases, and providing for premarital
and prenatal blood tests; amending, revising and
consolidating the laws relating thereto; and repealing
certain acts," further providing for DEFINITIONS AND FOR
confidentiality of reports and records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 15 of the act of April 23, 1956 (1955
P.L.1510, No.500), known as the Disease Prevention and Control
Law of 1955, is amended to read:
SECTION 1. SECTION 2 OF THE ACT OF APRIL 23, 1956 (1955
P.L.1510, NO.500), KNOWN AS THE DISEASE PREVENTION AND CONTROL
LAW OF 1955, IS AMENDED BY ADDING A DEFINITION TO READ
SECTION 2. DEFINITIONS.--
THE FOLLOWING TERMS, WHENEVER USED IN THIS ACT, HAVE THE
MEANINGS INDICATED IN THIS SECTION, EXCEPT WHERE THE CONTEXT
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INDICATES A CLEARLY DIFFERENT MEANING:
* * *
(M) INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION.
INFORMATION , WHETHER ORAL, WRITTEN, ELECTRONIC, VISUAL,
PICTORIAL, PHYSICAL OR IN ANY OTHER FORM, THAT RELATES TO AN
INDIVIDUAL'S PAST, PRESENT OR FUTURE PHYSICAL HEALTH STATUS,
CONDITION, TREATMENT, SERVICE, PRODUCTS PURCHASED OR PROVISION
OF CARE AND:
(1) REVEALS THE IDENTITY OF THE INDIVIDUAL WHOSE HEALTH CARE
IS THE SUBJECT OF THE INFORMATION; OR
(2) SERVES AS A REASONABLE BASIS TO REVEAL THE IDENTITY OF
THE INDIVIDUAL WHOSE HEALTH CARE IS THE SUBJECT OF THE
INFORMATION, ALONE OR IN CONJUNCTION WITH OTHER INFORMATION THAT
IS OR REASONABLY SHOULD BE KNOWN TO BE AVAILABLE.
SECTION 1.1. SECTION 15 OF THE ACT IS AMENDED TO READ:
Section 1. Section 15 of the act of April 23, 1956 (1955
P.L.1510, No.500), known as the Disease Prevention and Control
Act of 1955, is amended to read:
Section 15. Confidentiality of Reports and Records.--
(a) Disclosur es.-- State and local health authorities may not
disclose reports of diseases, any records maintained as a result
of any action taken in consequence of such reports, or any other
records maintained pursuant to this act or any regulations, to
any person who is not a member of the department or of a local
board or department of health, except [where necessary to carry
out the purposes of this act.] as follows:
(1) Where necessary to carry out the purposes of this act.
(2) The department shall release to the governing body of a
county and the county emergency management coordinator the
municipality in which there has been a confirmed case of a
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communicable or reportable disease within the past twenty-four
hours.
(2) UNDER A PROCLAMATION OF DISASTER EMERGENCY ISSUED BY THE
GOVERNOR THAT IS BASED UPON A COMMUNICABLE DISEASE, THE
SECRETARY OR LOCAL HEALTH AUTHORITY SHALL RELEASE, WITHIN 24
HOURS OF RECEIVING INFORMATION OF A CONFIRMED CASE OF A
COMMUNICABLE DISEASE, INDIVIDUALLY IDENTIFIABLE HEALTH
INFORMATION TO 911 CENTERS, LAW ENFORCEMENT OFFICERS, FIRE
DEPARTMENT PERSONNEL AND EMERGENCY MEDICAL SERVICES PERSONNEL,
IN EACH COUNTY OF THIS COMMONWEALTH. 911 CENTERS, LAW
ENFORCEMENT OFFICERS, FIRE DEPARTMENT PERSONNEL AND EMERGENCY
MEDICAL SERVICES PERSONNEL SHALL FOLLOW ALL APPLICABLE FEDERAL
AND STATE LAWS, REGULATIONS AND CONFIDENTIALITY STANDARDS.
(2) For the duration 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 disaster emergency thereafter, in each county of
this Commonwealth the department or local health department
shall release, within 24 hours of receiving information of a
confirmed case of COVID-19, the address of a confirmed case
of COVID-19 to public safety answering points, as defined
under 35 Pa.C.S. § 5302 (relating to definitions). A p ublic
safety answering point shall provide law enforcement
officers, fire department personnel and emergency medical
services personnel the address of a confirmed case of COVID-
19. Recipients of this data shall only use the data for the
purpose of notifying officers and personnel that there has
been a case of COVID-19 at the address to which law
enforcement officers, fire department personnel and emergency
medical services personnel have been called to perform an
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essential job function. Officers and personnel receiving this
data may not use or disclose the data for any purpose other
than to carry out their essential job function at a given
address.
(3) Paragraph (2) shall expire upon the termination or
expiration under 35 Pa.C.S. § 7301(c) (relating to general
authority of Governor) of the disaster emergency described in
paragraph (2) or the renewal of the disaster emergency
described in paragraph (2), whichever is later.
(b) Research.-- State and local health authorities may permit
the use of data contained in disease reports and other records,
maintained pursuant to this act, or any regulation, for research
purposes, subject to strict supervision by the health
authorities to insure that the use of the reports and records is
limited to the specific research purposes.
Section 2. This act shall take effect immediately.
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