PRIOR PRINTER'S NOS. 2341, 2421
PRINTER'S NO. 2530
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2033
Session of
2021
INTRODUCED BY LAWRENCE, GROVE, JAMES, N. NELSON, RYAN, THOMAS,
WHEELAND, D. WILLIAMS, MENTZER, CIRESI, MOUL AND SCHLEGEL
CULVER, OCTOBER 28, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 14, 2021
AN ACT
Providing for COVID-19 testing; ESTABLISHING THE COVID-19 AT-
HOME TESTING DISTRIBUTION PROGRAM; and making an inconsistent
repeal.
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 COVID-19
Testing 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:
"COUNTY." THE TERM INCLUDES A CITY OF THE FIRST CLASS.
"COVID-19." A respiratory disease caused by the SARS-CoV-2
virus discovered in 2019.
"COVID-19 AT-HOME TESTS." MATERIALS OR DEVICES FOR DETECTING
COVID-19 INFECTION WHICH HAS RECEIVED FOOD AND DRUG
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ADMINISTRATION EMERGENCY USE AUTHORIZATION FOR SELF-TESTING
WITHOUT THE NEED TO SHIP SAMPLES TO A LAB OR FOR A PRESCRIPTION
FROM A HEALTH CARE PROVIDER.
"Department." The Department of Health of the Commonwealth.
"PROGRAM." THE COVID-19 AT-HOME TESTING DISTRIBUTION PROGRAM
ESTABLISHED UNDER SECTION 4.
"Reporting requirements." A report by a health care provider
described under section 2102-D(d) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
"SECRETARY." THE SECRETARY OF HEALTH OF THE COMMONWEALTH.
"Testing report." A testing report described under section
2102-D(b) and (c) of The Administrative Code of 1929.
Section 3. Requirements for COVID-19 reports.
Notwithstanding section 2102-D(e) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, the
production requirements for a COVID-19 testing report and the
reporting requirements shall be extended until December 31,
2022. The department shall submit the testing report 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 and Minority Leader of the
Senate.
(4) The Majority Leader and Minority Leader of the House
of Representatives.
(5) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(6) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(7) The chairperson and minority chairperson of the
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Health and Human Services Committee of the Senate.
(8) The chairperson and minority chairperson of the
Health Committee of the House of Representatives.
SECTION 4. COVID-19 AT-HOME TESTING DISTRIBUTION PROGRAM.
(A) ESTABLISHMENT.--THE COVID-19 AT-HOME TESTING
DISTRIBUTION PROGRAM IS ESTABLISHED WITHIN THE DEPARTMENT.
(B) ACQUISITION OF COVID-19 AT-HOME TESTS.--THE DEPARTMENT
SHALL ACQUIRE COVID-19 AT-HOME TESTS FOR DISTRIBUTION TO
COUNTIES UNDER THIS SECTION.
(C) APPLICATION.--NO LATER THAN 30 DAYS AFTER THE EFFECTIVE
DATE OF THIS SECTION, THE DEPARTMENT SHALL RECEIVE APPLICATIONS
FROM COUNTIES FOR COVID-19 AT-HOME TESTS. AN APPLICATION BY A
COUNTY UNDER THIS SUBSECTION SHALL INCLUDE THE NUMBER OF COVID-
19 AT-HOME TESTS REQUESTED AND A PROPOSED DISTRIBUTION PLAN.
(D) REVIEW AND APPROVAL.--NO LATER THAN 45 DAYS AFTER THE
EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL REVIEW AND
APPROVE APPLICATIONS UNDER SUBSECTION (C).
(E) DISTRIBUTION TO COUNTIES.--THE DEPARTMENT SHALL BEGIN
DISTRIBUTING COVID-19 AT-HOME TESTS TO APPROVED COUNTIES NO
LATER THAN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
(F) DISTRIBUTION BY COUNTIES.--A COUNTY WHICH RECEIVES
COVID-19 AT-HOME TESTS UNDER THIS SECTION MAY DISTRIBUTE THE
TESTS TO INDIVIDUALS IN THE COUNTY AT PUBLICLY ACCESSIBLE MOBILE
TESTING SITES AND NONTRADITIONAL TESTING SITES, INCLUDING COUNTY
BUILDINGS, MUNICIPAL BUILDINGS, LIBRARIES, COMMUNITY CENTERS,
POLICE STATIONS AND FIRE STATIONS. A COUNTY SHALL PUBLICIZE THE
DISTRIBUTION LOCATIONS.
(G) PROHIBITION.--AN INDIVIDUAL THAT RECEIVES A COVID-19 AT-
HOME TEST FROM A COUNTY UNDER THIS SECTION MAY NOT RESELL THE
TEST.
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(H) USE OF FUNDS.--THE DEPARTMENT SHALL USE NO LESS THAN
$10,000,000 OF MONEY AVAILABLE TO THE DEPARTMENT FOR THE PURPOSE
OF THE PROGRAM, INCLUDING MONEY FROM THE FEDERAL GOVERNMENT
AVAILABLE FROM AN APPROPRIATION FOR COVID - EPIDEMIOLOGY AND
LABORATORY SURVEILLANCE AND RESPONSE.
SECTION 5. DUTIES OF SECRETARY.
THE SECRETARY SHALL HAVE THE FOLLOWING DUTIES:
(1) TO ISSUE A REQUEST FOR PROPOSAL TO OBTAIN ADDITIONAL
PHYSICAL SPACE TO LOCATE STATE-OWNED TESTING EQUIPMENT AND
PROCESS THE VOLUME OF COVID-19 TESTS ANTICIPATED TO BE
SUBMITTED TO THE COMMONWEALTH FOR PROCESSING. IN ADDITION TO
THE REQUIREMENTS UNDER 62 PA.C.S. (RELATING TO PROCUREMENT),
THE SECRETARY SHALL PROVIDE NOTICE OF THE REQUEST FOR
PROPOSALS TO THE PRESIDENT, CHIEF EXECUTIVE OFFICER, DEAN OR
CHIEF OF ADMINISTRATION FOR ALL OF THE FOLLOWING:
(I) AN INSTITUTION OF HIGHER EDUCATION DESIGNATED A
STATE-RELATED INSTITUTION BY THE COMMONWEALTH.
(II) A MEDICAL SCHOOL LOCATED IN THIS COMMONWEALTH.
(III) A PRIVATELY OPERATED LABORATORY TESTING
COMPANY WITH MORE THAN 25 LOCATIONS IN THIS COMMONWEALTH.
(IV) A HOSPITAL NETWORK WITH MORE THAN FIVE
LOCATIONS IN THIS COMMONWEALTH.
(V) A PHARMACY CORPORATION WITH MORE THAN 25
LOCATIONS IN THIS COMMONWEALTH.
(VI) ANY OTHER ORGANIZATION OR ENTITY DEEMED
NECESSARY BY THE COMMONWEALTH.
(2) TO ENSURE THAT TESTING EQUIPMENT ACQUIRED OR
UTILIZED BY THE COMMONWEALTH FOR THE PURPOSE OF PROCESSING
COVID-19 TESTS IS FULLY OPERATIONAL.
Section 4 6. Repeals.
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Section 2102-D(e) of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is repealed
insofar as it is inconsistent with section 3.
Section 5 7. Expiration.
This act shall expire December 31, 2022.
Section 6 8. Effective date.
This act shall take effect immediately.
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