PRINTER'S NO. 3766
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2524
Session of
2020
INTRODUCED BY MENTZER AND GREINER, MAY 14, 2020
REFERRED TO COMMITTEE ON HEALTH, MAY 14, 2020
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in COVID-19 disaster emergency,
establishing the COVID-19 Antibody Testing Pilot Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 57 of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER F
COVID-19 ANTIBODY TESTING PILOT PROGRAM
Sec.
5751. Definitions.
5752. Establishment and administration of program.
5753. COVID-19 antibody testing plan.
5754. Expiration.
§ 5751. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"COVID-19." The coronavirus disease 2019, an infectious
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disease caused by severe acute respiratory syndrome coronavirus
2 that was first identified during December 2019 in Wuhan,
China.
"Department." The Department of Health of the Commonwealth.
"Program." The COVID-19 Antibody Testing Pilot Program
established under section 5752(a) (relating to establishment
and administration of program).
§ 5752. Establishment and administration of program.
(a) Establishment.--The COVID-19 Antibody Testing Pilot
Program is established with the department.
(b) Eligibility.--An employer in this Commonwealth that
submits a COVID-19 antibody testing plan and receives an
approval of the plan from the department under section 5753
(relating to COVID-19 antibody testing plan) shall be eligible
to participate in the program.
(c) Reimbursement.--An eligible employer under subsection
(b) may submit documentation detailing the expenses incurred by
the employer for COVID-19 antibody testing to the department for
a reimbursement under the program. Upon receipt of the
documentation, the department shall reimburse the employer for
the expenses incurred by the employer for COVID-19 antibody
testing from grants received under Federal Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136, 134 Stat.
281) or any other Federal funds allocated to mitigate the spread
of COVID-19 in this Commonwealth.
§ 5753. COVID-19 antibody testing plan.
(a) Submission of plan.--No later than seven days after the
effective date of this section, an employer in this Commonwealth
seeking to participate in the program shall submit a COVID-19
antibody testing plan for employees of the employer to the
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Department of Health if the employer has been subject to closure
as a result of the COVID-19 disaster emergency.
(b) Contents.--The plan under subsection (a) shall include
all of the following:
(1) A review of the type and quantity of COVID-19
antibody testing kits and equipment that will be procured.
(2) A proposed timeline for the procurement of the
COVID-19 antibody testing kits and equipment.
(3) A proposed plan for employees to opt out of the
COVID-19 antibody testing.
(4) A list of health care practitioners who will conduct
the COVID-19 antibody testing.
(5) A description of how the plan assists the
Commonwealth's efforts to mitigate the community spread of
COVID-19 or provides for a calculation of community spread of
COVID-19 and herd immunity to COVID-19.
(6) A description of how the plan assists the
Commonwealth's efforts to mitigate the spread of COVID-19 to
other employers throughout this Commonwealth.
(c) Approval.--A plan submitted under subsection (a) shall
be deemed approved within 72 hours of receipt by the Department
of Health unless the employer submitting the plan receives a
request for additional information from the Department of
Health.
§ 5754. Expiration.
This subchapter shall expire 60 days after all counties are
designated in the green phase for businesses under the
Governor's guidance for businesses permitted to operate during
the COVID-19 disaster emergency to ensure the safety and health
of employees and the public issued on May 4, 2020, or 60 days
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after the expiration or termination of the COVID-19 disaster
emergency by executive order, proclamation or operation of law,
whichever is later.
Section 2. This act shall take effect immediately.
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