Regular Session 2019-2020 House Bill 2538 P.N. 3815

PRINTER'S NO. 3815

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2538

Session of

2020

INTRODUCED BY ORTITAY, KULIK, HANBIDGE, DONATUCCI, STEPHENS,

HILL-EVANS, POLINCHOCK, McNEILL, ROZZI, KORTZ, CIRESI AND

READSHAW, MAY 21, 2020

REFERRED TO COMMITTEE ON FINANCE, MAY 21, 2020

AN ACT

Amending the act of April 9, 1929 (P.L.343, No.176), entitled

"An act relating to the finances of the State government;

providing for cancer control, prevention and research, for

ambulatory surgical center data collection, for the Joint

Underwriting Association, for entertainment business

financial management firms, for private dam financial

assurance and for reinstatement of item vetoes; providing for

the settlement, assessment, collection, and lien of taxes,

bonus, and all other accounts due the Commonwealth, the

collection and recovery of fees and other money or property

due or belonging to the Commonwealth, or any agency thereof,

including escheated property and the proceeds of its sale,

the custody and disbursement or other disposition of funds

and securities belonging to or in the possession of the

Commonwealth, and the settlement of claims against the

Commonwealth, the resettlement of accounts and appeals to the

courts, refunds of moneys erroneously paid to the

Commonwealth, auditing the accounts of the Commonwealth and

all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

section 7(a) of Article VIII of the Constitution of

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

collect taxes, or to make returns or reports under the laws

imposing taxes for State purposes, or to pay license fees or

other moneys to the Commonwealth, or any agency thereof,

every State depository and every debtor or creditor of the

Commonwealth," providing for coronavirus aid, relief and

emergency response; and establishing the Coronavirus Aid,

Relief and Emergency Response Fund and the Financial

Assistance for Front Line Workers Program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 9, 1929 (P.L.343, No.176), known

as The Fiscal Code, is amended by adding an article to read:

ARTICLE I-B

CORONAVIRUS AID, RELIEF AND EMERGENCY RESPONSE

Section 101-B. 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 pandemic." The novel coronavirus as identified in

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.

"Department." The Treasury Department of the Commonwealth.

"Eligible period." The period beginning March 6, 2020, and

ending June 4, 2020.

"Fund." The Coronavirus Aid, Relief and Emergency Response

Fund established under section 102-B(a).

"Health care system." An organized system of health care in

which multiple health care providers participate and the health

care providers satisfy all of the following:

(1) The health care providers provide health care

services in a manner so that the public is aware that the

health care providers participate in a joint arrangement.

(2) The health care providers participate in any of the

following joint activities:

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(i) A utilization review that involves the review of

health care decisions of participating covered entities

by other participating covered entities or a third party

on behalf of the participating covered entities.

(ii) Quality assessment and improvement activities

that include the assessment of the treatment provided by

participating covered entities by other participating

covered entities or a third party on behalf of the

participating covered entities.

(iii) Payment activities if all of the following

apply:

(A) The financial risk for delivering health

care is partially or wholly shared by participating

covered entities through the joint arrangement.

(B) Protected health care information created or

received by the participating covered entities is

reviewed by other participating covered entities or a

third party on behalf of the participating covered

entities.

"Participant." An employee who is unable to perform the

employee's job duties remotely and continues to perform the

employee's job duties during the COVID-19 pandemic while being

employed by any of the following:

(1) A hospital or health care system.

(2) A retail grocery store.

(3) A long-term health care facility.

(4) A police department.

(5) A fire department.

(6) A volunteer fire department.

(7) An emergency medical services company.

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(8) A volunteer emergency medical services company.

(9) A pharmacy as defined in section 2(12) of the act of

September 27, 1961 (P.L.1700, No.699), known as the Pharmacy

Act.

(10) A banking institution as defined in 15 Pa.C.S. §

102(a) (relating to definitions).

"Program." The Financial Assistance for Front Line Workers

Program established under section 103-B(a).

Section 102-B. Establishment of fund.

(a) Establishment.--The Coronavirus Aid, Relief and

Emergency Response Fund is established as a restricted account

in the State Treasury.

(b) Transfers.--The State Treasurer shall transfer any money

appropriated from the Federal Government to the Commonwealth

for expenses incurred as a result of the COVID-19 pandemic to

the fund.

103-B shall remain in the fund until appropriated by the General

Assembly.

Section 103-B. Financial Assistance for Front Line Workers

Program.

(a) Establishment.--The Financial Assistance for Front Line

Workers Program is established within the department to assist

workers on the front line during the COVID-19 pandemic. The

start date for the program shall commence on the date when the

department posts the application form on the department's

publicly accessible Internet website under subsection (c)(1).

(b) Allocation.--Five hundred million dollars shall be

allocated from the fund for participants in the program.

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(1) The department shall develop an application for

participation in the program and post the application form on

the department's publicly accessible Internet website. An

applicant shall verify all of the following information on

the application:

(i) The applicant's place of employment.

(ii) Whether the applicant worked at the applicant's

physical place of employment or worked remotely during

the eligible period.

(iii) Any other information required by the

department needed to ensure compliance with Federal law

and guidance.

(2) In order to receive a direct payment under

subsection (h), an applicant must submit the application

under paragraph (1) to the department within 90 days of the

program's start date as specified under subsection (a).

(d) Verification.--The department shall verify with an

applicant's employer that the applicant did not work remotely

during the eligible period.

(e) Eligibility.--An applicant who worked at the physical

location of the applicant's employer during the eligible period

and was later furloughed due to the COVID-19 pandemic shall be

eligible for participation in the program. The department shall

provide notice to an applicant of the applicant's eligibility to

participate in the program.

(f) Submission of W-2.--Upon request by a participant in the

program, the participant's employer shall submit the

participant's Federal Wage and Tax Statement Form W-2 to the

department. Th e department may use the Federal Wage and Tax

Statement Form W-2 to verify the earnings of the participant for

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the 2019 calendar year.

(g) Review and approval.--

(1) Upon review and approval of the application

submitted under subsection (c) and any other documentation

required by the department, the department shall provide a

direct payment to the participant as specified under

subsection (h).

(2) Upon the expiration of the eligible period, the

department shall determine the maximum amount available for

direct payments to each participant.

(h) Direct payments.--The department shall provide a direct

payment to a participant in the program via mail or electronic

deposit based on the following criteria:

(1) For a participant who filed a single tax return

under Article III of the act of March 4, 1971 (P.L.6, No.2),

known as the Tax Reform Code of 1971, 100% of the maximum

amount available per participant if the participant earned

$75,000 or less during the calendar year 2019.

(2) For a participant who filed a single tax return

under Article III of the Tax Reform Code of 1971, and earned

more than $75,000 during the calendar year 2019, 100% of the

maximum amount available per participant reduced by $5 for

each $100 earned above $75,000.

(3) For a participant who filed a joint tax return under

Article III of the Tax Reform Code of 1971, 100% of the

maximum amount available per participant if the joint

earnings are $150,000 or less during the calendar year 2019.

(4) For a participant who filed a joint tax return under

Article III of the Tax Reform Code of 1971, and the joint

earnings are more than $150,000 during the calendar year

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2019, 100% of the maximum amount available per participant

reduced by $5 for each $100 earned above $150,000.

(i) Regulations.--The department may promulgate any

regulations necessary to implement the program.

Section 2. This act shall take effect immediately.

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